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POL214Y1 (24)
Chapter 6

Chapter 6 Summary: The Charter

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University of Toronto St. George
Political Science
Victoria Wohl

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 54OL9L.,O897:JJO089K,9,70OL3N09484.L0981:3,2039,O;,O:08 o Some opponents of the Charter believe that rights should not be interpreted independently of popular opinion What are Freedoms? - An indivL:,O8OL-07994447-0OL0;0.079,L39KL3J8ZL9K4:970897,L39-J4;0732039 o Suggests a passive and limited role for government (non-interference, freedom from restraint) CHARTER RIGHTS CATEGORY PROTECTIONS 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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