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Chapter 2 - Review: Branden Sorbo Block 3

This document summarizes key points from Chapter 2 of the review: 1. It discusses the reasonable limits clause and notwithstanding clause that allow governments to limit Charter rights and pass laws that violate the Charter respectively. 2. It explains that human rights protect citizens from discrimination by other citizens while civil rights protect from government overreach. 3. It lists some fundamental freedoms protected by the Charter such as freedom of conscience and religion. 4. It summarizes a debate around requiring Muslims to remove niqabs during citizenship oaths and the court ruling it as unlawful.

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56 views2 pages

Chapter 2 - Review: Branden Sorbo Block 3

This document summarizes key points from Chapter 2 of the review: 1. It discusses the reasonable limits clause and notwithstanding clause that allow governments to limit Charter rights and pass laws that violate the Charter respectively. 2. It explains that human rights protect citizens from discrimination by other citizens while civil rights protect from government overreach. 3. It lists some fundamental freedoms protected by the Charter such as freedom of conscience and religion. 4. It summarizes a debate around requiring Muslims to remove niqabs during citizenship oaths and the court ruling it as unlawful.

Uploaded by

ERTEWKSYE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 2 Review

Branden Sorbo Block 3

1. The reasonable limits clause (section 1) which allows the government to


place limits on individuals Charter rights. Also the notwithstanding clause
(section 33) which allows the government to create laws notwithstanding that
they may violate Charter rights.
2. Human rights protect citizens from discrimination from other citizens. Civil
rights protect citizens from governments over abusing their powers.
3. Freedom of Conscious and Religion, Freedom of Thought, Belief, Opinion and
Expression, Freedom of Peaceful Assembly, Freedom of Association.
4. The Conservative government believed that Canadian values were at stake
when they appealed the niqab debate to a higher court. A Muslim woman can
argue that it goes against exactly that (Canadian values) and is against the
freedom of religion. In the end, the federal court of Canada has ruled it
unlawful to command Muslims to remove their niqabs during the oath of
citizenship.
5. Section 13 of the Charter prevents witnesses from requiring to give
incriminating evidence that can be used to incriminate the same witness.
6. The rights of First Nations are lacking as the government and aboriginals
cant agree on the broad definition of existing rights, as well as just not
being able to agree and find solutions.
7. Section 25 contains rights for aboriginals, they are important as it prevents
the Charter from interfering with the treaty rights of Aboriginals of Canada.
Also, it allows treaty rights to be extended to both genders. This section of
the charter allows future rights to have a place in the constitution of Canada.
8. Equality rights guarantee that every individual has the right to equal
treatment by the law. They are entitled to be treated in particular without
discrimination based on race, national or ethnic origin, colour, religion, sex,
age or mental or physical disability. Affirmative action programs and equality
of sexes was added too.
9. They improve conditions for individuals or groups that are disadvantaged
because of race, national or ethnic origin, colours, religion, sex, age or mental
or physical disability.
10.Bill of Rights applies to federal matters only, Charter applies to all levels of
government.
11.Anyone who has had their rights infringed upon may apply to a court to
obtain remedy. In addition, the courts may strike down laws if it breaks the
Charter or read them down which is to announce the law remains generally
acceptable.
12.Declaration of Human Rights of set an international guideline/standard for
acceptable rights and freedoms and was the first time nations from around
the globe had signed a formal agreement on specific rights and freedoms for
all humans.
13.No House of Commons and no legislative assembly shall continue for longer
than five years from the date fixed for the return of the writs at a general
election of its members. Also, there must be a sitting of Parliament and of
each legislature at least once every 12 months.

14.If the law restricting the Charter section can be justified in a free and
democratic society, then it is reasonable.
15.The notwithstanding clause (section 33) allows provincial or territorial
governments to pass laws that may violate the Charter of section 2 or 7-15. It
prevents the Supreme Court of Canada from striking down laws that
otherwise would be without the notwithstanding clause being invoked.
Therefore, power has been stripped from the Supreme Court.

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