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Intro Module 6 Test
review for module 6 test (the Charter) intro to law - 11/19/2020
| Question | Answer |
|---|---|
| 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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