Rights Flashcards
6 cards from real CANADIAN practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Rights flashcards as text
Under the Canadian Charter of Rights and Freedoms, which limitation clause allows governments to justify overriding certain Charter rights?
Answer: Section 1 — the 'reasonable limits' clause
Section 1 of the Charter is the 'reasonable limits' clause. It allows governments to justify laws that infringe Charter rights if the limit is 'prescribed by law' and 'demonstrably justified in a free and democratic society.' Section 33 (the notwithstanding clause) is a separate mechanism that lets legislatures temporarily override certain rights without justification.
Which of the following rights is explicitly listed in the Canadian Charter of Rights and Freedoms as applying to ALL persons in Canada, not just Canadian citizens?
Answer: The right to life, liberty, and security of the person
Section 7 of the Charter — the right to life, liberty, and security of the person — applies to 'everyone,' meaning any person physically present in Canada, regardless of citizenship status. By contrast, voting rights (s. 3) and mobility rights to enter or leave Canada (s. 6) are reserved specifically for Canadian citizens.
A provincial government invokes Section 33 of the Charter (the notwithstanding clause) to override a court ruling. How long does the override last before it must be renewed?
Answer: 5 years
Section 33 declarations expire after five years. A legislature can re-enact the declaration for successive five-year periods, but the automatic sunset forces periodic democratic re-endorsement rather than allowing a permanent override of Charter rights.
Regarding official language rights in Canada, which statement correctly describes a right guaranteed under the Constitution Act, 1982?
Answer: All federal court proceedings may be conducted in either English or French at the choice of any party
Section 19 of the Charter guarantees the right to use either English or French in any federal court proceeding. Provincial language obligations vary — only New Brunswick is constitutionally bilingual at the provincial level. French-language education rights (s. 23) apply where 'numbers warrant,' not unconditionally in every province.
Which of the following is an example of an Aboriginal right recognized and affirmed under Section 35 of the Constitution Act, 1982?
Answer: The right to practise traditional hunting and fishing on ancestral lands
Section 35 recognizes and affirms existing Aboriginal and treaty rights, which courts have interpreted to include traditional practices integral to the distinctive culture of the group — such as hunting, fishing, and gathering on ancestral territories. Section 35 does not create a blanket exemption from all laws, nor does it grant a legislative veto; governments must instead consult and accommodate.
Under the Canadian Human Rights Act, which ground of discrimination is explicitly protected at the federal level but was NOT one of the original grounds listed when the Act was passed in 1977?
Answer: Genetic characteristics
Genetic characteristics were added as a prohibited ground of discrimination under the Canadian Human Rights Act through the Genetic Non-Discrimination Act (Bill S-201), which came into force in 2017. Grounds such as race, sex, religion, colour, and marital status were among those present in the original 1977 legislation. Protecting genetic information reflects modern bioethical concerns about privacy and employment/insurance discrimination.