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Intro Module 6 Test

review for module 6 test (the Charter) intro to law - 11/19/2020

QuestionAnswer
What does the Charter do? -sets out individual rights and freedoms that Canadians believe are fundamental in a free and democratic society -establishes rules that all levels of government must follow in their effort to regulate the lives of citizens
What does the Charter apply to? All laws in Canada -both common law and all statutes -municipalities and the bylaws they create Government -actions of government and its representatives
A law that infringes on the rights and freedoms of individuals can be struck down. s. 287(1) makes it an offence to procure a miscarriage s. 7 violation (right to life, liberty and security of the person) Name an example of a case where this applies? R. v. Morgentaler, Smoking and Scott
The Oakes Test 2 Steps What must there be for the law or government action? There must be a pressing and substantial objective.
The Oakes Test 2 Steps The means chosen to achieve the objective must be proportional to the burden on the rights of the claimant. What is required? -the objective must be rationally connected to the limit on the Charter right -the limit must minimally impair the Charter right -there should be an overall balance of proportionality between the benefits of the limit and its deleterious effects
Courts must balance the seriousness of the ________ with the seriousness of the ______? Crime & Charter violation
What will the courts do if: The crime is serious and the violation is minor? The crime is not serious and the violation is serious? Excuse Remedy
What will the courts do if: A woman is strip searched in the middle of the day downtown Toronto and the police find 2 grams of cocaine Remedy the violation
What will the courts do if: A woman is suspected of brutally murdering her 3 children. The police forget to read her her rights when arresting her. The police do read her her rights about 2 hours after her arrest. Excuse the violation
What 3 options are open to the courts when faced with a Charter argument? -find that there was no infringement of a right or freedom -find that there was an infringement of a right or freedom and grant a remedy under s. 24 -find that there was an infringement of a right or freedom but decide that it is justified
How many sections are there in the Charter? 7 or 54
Where does s. 52 come in? What does it mean? ?
The Charter is part of a _________ _________ and __________ every other statute in Canada? constitutional document, overrides
Is the Canadian Charter of Rights and Freedoms an Act? Explain. No, it is Part 1 of the Constitution Act, 1982.
Define Entrenchment Included as part of our Constitution, thereby enjoying constitutional supremacy. Requires a special procedure to amend. The Charter has legal superiority over inconsistent laws, acts or actions of the government.
What are analogous grounds? Which section of the Charter is relevant to analogous grounds? Analogous grounds are personal characteristics that are immutable, difficult to change or changeable only at unacceptable personal cost. s. 15
What types of interactions does the Charter apply to? The Charter applies only to governments. -affects interactions between the government and an individual -doesn't apply to relationships between private individuals
Does the Charter apply to the actions and enactments of municipalities? Yes
Created by: EmSpencer
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