Charter of Rights and Freedoms
The Limits of Rights
True or False
Hypothetical Scenarios
100

an election must happen at least every ___ years.

five

100
Section __ of the constution establishes under the _____ Test, a right could be limited if its reasonable and justified

1, Oakes

100

One part of the legal rights says: "right to life, liberty, and the pursuit of happiness"

False. That came from the U.S. Declaration of Independence. The Canadian version promises "life, liberty, and security of the person".

100

You are denied housing because of your disability. Which document does this fall under?

Ontario Human Rights Code

200

One of the most important things about the Charter is that your rights are protected, but... _________________

They are not unlimited

200

Why does Canada have more than one Human Rights law?

Because rights can be violated in different ways.

200

The Canadian Human Rights Act applies to Airlines, Banks, and Federal Goverment services

True

300

Why did we need a Charter even though the Bill of Rights existed?

The Bill of Rights is an ordinary law that could be overwritten by parliament and only applies to federal government matters, while the Charter is a part of the Constitution, applies to all levels of government, and is harder to overwrite

300

The Charter protects Canadian citizens, but it doesnt protect tourists or temporary residents.

False. Many Charter rights protect everyone in Canada, regardless of citizenship.

300

The federal government passes a law restricting freedom of speech. Which 1960 document protects this freedom but lacks the constitutional authority of the Charter?

The Bill of Rights

400

A law has an important goal, but it restricts a Charter right way more than needed, which requirement of the Oakes test is violated the most?

The minimal impairment requirement, the goverment must show that it impairs the right no more than resoanably needed.

400

The Nonwithstanding Clause allows a law to overwrite Charter rights for 5 years, and goverments can renew the law if needed.

True

500

What are the three things a court can do with a law it finds violates your Charter rights, and how does each work?

Strike Down: Removes the law

Read Down: Removes the Unconstutional part/Changes it

Read in: Modify wording to make it constitutional

500

What's the Notwithstanding Clause, and what keeps it in check?

Governments can enact laws that conflict with certain Charter rights, and such laws must be renewed at least every 5 years.

500

Despite your excellent work and contributions to your provincial government, your application for the federal position you coveted is denied because of your faith. Which of the four human rights documents does this fall under?

The Canadian Human Rights Act, as the discrimination involves a federal position.