LAW TEST UNIT 2
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What is section 1 of the charter
section 1 states all rights are guaranteed but can be reasonably limited.
What are rights and freedoms? Why important?
Rules that protect people’s ability to live freely and safely. → Important because they stop the government from having too much power.
Charter vs Human Rights Code? whats the difference
Charter → protects you from the government Human Rights Code → protects you from people, businesses, organizations
What is the Charter (CCRF)?
A document (1982, Pierre Elliott Trudeau) that protects rights and is part of the Constitution → highest law.
what is the 4 Oakes Test
-The reason for the limit must be important enough to justify limiting rights -The way in which the right is violated should be done in the most logical way -The limit of rights should be as minimal as possible -Proportional**- The important reason for the limit must outweigh the size of the limit (big reasons = big limit) (MOST IMPORTANT)
what is section two of the charter
FUNDAMENTAL FREEDOMS
what is section 2(a) in the charter
-Freedom of religion -You have the right to believe in any religion or no religion and practice it freely.
what is section 2(b) of the charter
-Freedom of expression -You are openly allowed to share your thoughts, opinions, ideas and beliefs without government interference
what is section 2 (c/d) of the chater
Freedom of peaceful assembly and association
Who is R v Big M Drug Mart and tell me about his case and what section of the charter is being affected
-A law forced stores to close on Sundays for religious (Christian) reasons. Big M stayed open and got charged. -It violated freedom of religion (Section 2a). -The law was unconstitutional because the government can’t force religious practices on people.
Who is Multani and tell me about his case and what section of the charter is being affected
This case involved a Sikh student, who wanted to wear his kirpan, a ceremonial dagger required by his religion. The school banned it after he accidentally dropped it, saying it could be dangerous. Multani’s family argued that this violated his freedom of religion under Section 2(a) of the Charter. -the supreme court ruled in his favour
who is Irwin Toy Ltd v Quebec and tell me about his case and what section of the charter is being affected
A Quebec law banned advertising to kids under 13 (“can’t sell to kids”). Irwin Toy argued ads are expression under Section 2(b). The Court agreed ads are expression but said the ban is allowed because protecting children from being influenced by ads is a reasonable limit (Section 1).
who is R v Keegstra and tell me about his case and what section of the charter is being affected
A teacher spread hate speech to his class and denied the Holocaust happened. He argued this was protected under Section 2(b) – freedom of expression. The Court said it does limit expression, but it’s a reasonable limit (Section 1) to protect people from hate → conviction upheld.
who is AC v Manitoba and tell me about his case and what section of the charter is being affected
A 14-year-old refused a life-saving blood transfusion for religious reasons (Section 2(a) – freedom of religion). The Court said youth can have a say, but the government can override it if it’s needed to save their life → a reasonable limit (Section 1).
Why are Section 2 (Fundamental Freedoms) important?
They’re important because they let people speak, believe, and come together with each other freely, which keeps society fair and democratic.
what does section 3,4 and 5 cover in the charter
our right to live in a democratic society.
what is section 3 under the charter
All citizens have the right to vote
what is section 4 under the charter
Elections must be held at least every 5 years
what is section 5 under the charter
the Parliament must hold a session at least once a year
What is a democracy?
-A system where the people have power and choose their leaders through voting. -everyone is equal
why is section 3,4 and 5 of the charter important
They make sure Canada stays a democracy where people have a say in how the country is run.
When is it reasonable to limit section 3, 4 and 5 democratic rights
In rare cases like emergencies (war, crisis) or basic rules like voting age.
When is it unreasonable to limit section 3, 4 and 5 democratic rights
If the government limits voting or delays elections just to stay in power or silence people.
what is section 6 in the charter
-mobility rights -Right to enter, remain, leave, and travel throughout Canada -Applies to citizens only