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Chapter 6

Chapter 6 Summary: The Charter


Department
Political Science
Course Code
POL214Y1
Professor
Victoria Wohl
Chapter
6

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CHAPTER 6 ± CHARTER OF RIGHTS AND FREEDOMS
Charter came into effect in 1982
What are Rights?
- Entitlements that are considered so fundamental to human dignity that they receive special
protection under the law
o Suggests and active role for government in defending rights
o Rights are the result of SROLWLFDOVWUXJJOHVWKDWDUHOLQNHGWRVRFLHW\VIXQGDPHQWDOYDOXHV
o Some opponents of the Charter believe that rights should not be interpreted independently
of popular opinion
What are Freedoms?
- An indivLGXDOVOLEHUW\WRGRRUEHOLHYHFHUWDLQWKLQJVZLWKRXWUHVWUDLQWE\JRYHUQPHQW
o Suggests a passive and limited role for government (non-interference, freedom from
restraint)
CHARTER
PROTECTIONS
RIGHTS CATEGORY
s.2
Political rights / fundamental freedoms
ss.3-5
Democratic rights
ss.7-14
Legal rights
s.6
Economic rights (also implied in other parts of charter)
ss.15, 28
Equality rights
ss.16-23
Language rights
ss.25, 35
Aboriginal rights
(implied only)
Social rights
Examples of Rights Within each Category
Political rights / fundamental freedoms (s.2)
- right to privacy
- freedom of association, assembly, expression, the media, religion
Democratic rights (ss.3-5)
- right to vote, run for public office, right to periodic elections
Legal rights (ss.7-14)
- procedural rights that ensure fair and equal treatment under the law
- freedom from arbitrary arrest, right to a fair hearing, right to legal counsel, right to be
secure against unreasonable search and seizure
Economic rights (s.6)
- right to own property and not to be deprived of it without fair compensation, freedom of
contract
Equality rights (ss.15, 28)
- right not to be legally discriminated against due to race, religion, ethnicity, gender, age,
mental or physical disability, sexual orientation
Language rights (ss.16-23)
- right to have all government services, legal proceedings, publications, debates, etc.
available in French as well as English
www.notesolution.com
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