Rights and Freedoms Flashcards
7 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 7 Rights and Freedoms flashcards as text
Which section of the Canadian Charter of Rights and Freedoms allows governments to impose 'reasonable limits' on Charter rights?
Answer: Section 1
Section 1, known as the 'reasonable limits clause,' allows rights to be limited if the limit is prescribed by law and demonstrably justified in a free and democratic society.
What is the 'notwithstanding clause' in the Canadian Charter of Rights and Freedoms?
Answer: A clause allowing provinces to temporarily override certain Charter rights
Section 33, the notwithstanding clause, allows Parliament or a provincial legislature to declare a law operative even if it violates certain Charter sections, for a renewable five-year period.
Which right protects Canadians from being detained or imprisoned without just cause?
Answer: The right against arbitrary detention
Section 9 of the Charter guarantees that everyone has the right not to be arbitrarily detained or imprisoned.
Under the Canadian Charter, which group has the explicit right to receive education in their official language where numbers warrant?
Answer: Official-language minority communities
Section 23 of the Charter grants minority official-language communities (English or French) the right to have their children educated in that language, where numbers warrant.
What does 'equality before and under the law' mean in the context of the Canadian Charter?
Answer: Every person is entitled to equal benefit of the law without discrimination
Section 15 guarantees equal benefit and protection of the law without discrimination based on characteristics such as race, sex, age, or disability.
Which Charter right allows Canadians to move to any province and earn a livelihood there?
Answer: Mobility rights
Section 6 of the Charter guarantees mobility rights, including the right of every citizen to move to and take up residence in any province.
Who bears the burden of proof when a government argues that a limit on a Charter right is justified under Section 1?
Answer: The government must prove the limit is justified
Under the Oakes test established by the Supreme Court, the government bears the burden of proving that a limit on a Charter right is reasonable and demonstrably justified.