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 level of government is primarily bound by the Charter's provisions?
Answer: Both federal and provincial/territorial governments, but not private individuals
The Charter applies to government action at both the federal and provincial/territorial levels (section 32), but it does not directly govern relationships between private individuals or corporations. Private disputes are governed by other legislation such as human rights codes.
A Canadian citizen is arrested and held without being informed of the reason for their detention. Which specific Charter right has most directly been violated?
Answer: Section 10(a) — right to be informed promptly of the reasons for arrest
Section 10(a) of the Charter specifically guarantees the right to be informed promptly of the reasons for arrest or detention. While other rights may also be engaged, section 10(a) most precisely addresses the failure to provide reasons at the moment of arrest.
Which of the following is NOT a democratic right guaranteed under the Canadian Charter of Rights and Freedoms?
Answer: The right to run for municipal office in any Canadian city
Democratic rights under the Charter (sections 3–5) cover voting in and seeking election to federal and provincial legislatures, as well as requirements for annual parliamentary sittings and maximum five-year terms. Municipal elections are governed by provincial legislation and are not protected by the Charter's democratic rights provisions.
The 'notwithstanding clause' (section 33 of the Charter) allows governments to override certain Charter rights. Which set of rights can it NOT be used to override?
Answer: Democratic rights and mobility rights
Section 33 allows Parliament or provincial legislatures to declare legislation operates notwithstanding sections 2 and 7–15 of the Charter. This means it cannot be used to override democratic rights (sections 3–5) or mobility rights (section 6), which are permanently entrenched protections.
A permanent resident of Canada has lived in British Columbia for two years and wants to move to Alberta for employment. Which Charter right most directly protects this ability?
Answer: Section 6(2) — right of permanent residents to move and gain livelihood in any province
Section 6(2) of the Charter specifically grants permanent residents (and citizens) the right to move to and take up residence in any province, and to pursue a livelihood in any province. This is a mobility right that explicitly includes permanent residents, not just citizens.
Under the Canadian Human Rights Act, which ground of discrimination is explicitly protected that is NOT listed as a prohibited ground under most provincial human rights legislation from the 1970s founding era?
Answer: Genetic characteristics
Genetic characteristics were added as a prohibited ground of discrimination through the Genetic Non-Discrimination Act (2017), later affirmed constitutionally by the Supreme Court. This is a relatively modern addition reflecting advances in genetic testing, and was not a ground contemplated in the original human rights framework of the 1970s. Race, sex, and religion have been protected from the earliest versions of human rights legislation.