CHARTER LOOPHOLES

- Sometimes the Charter of Rights and Freedoms seems to contradict itself

Ex. Hate Speech: freedom of expression vs. right to life, liberty, and safety

Charter Conflicts

- There is a limiting clause in the Charter that says that rights and freedoms are not absolutely guaranteed

-They may be limited if considered “justifiable in a free and democratic society”

- Supreme Court of Canada decides what is “justifiable”

-Gives judges a lot of power(Too much power, according to some)

Limiting Clause

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The Notwithstanding Clause is a loophole the provinces insisted be put in the Charter before they agreed to sign it

- Allows provincial governments to pass laws that violate freedoms and rights in the Charter

- These laws last five years, but can be renewed

Examples: Quebec’s language laws; Alberta’s attempt to outlaw same-sex marriages

Fear of public backlash has limited the use of the clause

Notwithstanding Clause

- The Charter and Canadian Constitution are not written in stone; they can be changed

- Changes must follow the “amending formula” included in the Constitution

- At least 7 provinces, representing at least 50% of Canada’s population, must agree on a change

7 provinces + 50% population = Constitution change

Changing the Charter

1.Which of these is not a Fundamental Freedom within the Charter of Rights and Freedoms?

a)Freedom of expressionb)Freedom of associationc)Freedom of religiond)Freedom of movement within Canada

1.The right to life, liberty, and security of person is related to:

a)Fundamental Freedomsb)Legal Rightsc)Equality Rightsd)Democratic Rights

1.Minority Language Rights guaranteea)A right to education in your first languageb)A right to education in either French or English

no matter whatc)A right to education in either French or English if

there are significant numbers of studentsd)Quebec’s right to only offer education in French

1.Which of the following is not a Legal Right?

a)Right to be compelled to testifyb)Right to not be arbitrarily

arrested and detainedc)Right to be presumed innocent

until proven guiltyd)Right to a lawyer and fair trial

1. Preferential Hiring (consciously hiring from disadvantaged and minority groups) would relate to

a)Equality Rightsb)Fundamental Freedomsc)Employment Rightsd)Legal Rights