CLU3MI: Unit #2 Review
Define/Explain the following:
1. Explain the purpose of the reasonable limits clause.
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Section 1 of the Charter is the Reasonable Limits Clause.
Rights and freedoms may be limited if the limitation can be justified in a free and democratic
society.
Courts usually decide what "reasonable" means on a case by case basis.
E.g. a person's freedom of expression may be limited if they are promoting hate speech.
2. Explain how the notwithstanding clause makes it possible to override rights and freedoms under
the Charter. Provide an example.
 Section 33 of the Charter, also referred to as the "overriding clause" and the "opt-out clause"
 This clause allows governments to enact or maintain laws notwithstanding (or in spite of) the
fact they may violate rights and freedoms in the Charter.
 If a government uses this clause, the law they are enacting must be reviewed every 5 years.
 Example: In Quebec signs must be in French no English, freedom of expression (Ford – Wool)
3. To Strike Down a law vs. Uphold the law
 Strike down – a court ruling that a law violates one or more Charter rights and therefore is
invalid.
 Uphold the law – court upholds a decision made by another court, stating that the previous
decision was correct
4. Constitutional vs. Unconstitutional
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Constitutional - a body of fundamental principles or established precedents according to which
a state or other organization is acknowledged to be governed.
Unconstitutional – violates the charter
5. Euthanasia vs. Assisted Suicide
 Euthanasia - is an act done with the intention of ending the life of another individual, and
constituting an act of mercy to relieve that individual’s suffering. Ex. AIDS, cancer
 Assisted Suicide - is assisting someone to take his or her life, where the person has asked for
assistance. They are unable to do it themselves.
6. Explain who has legal rights when it comes to abortions, what are those legal rights?
 The woman is the only one with legal rights when it comes to abortion, section 7 – life,
liberty, security of a person. The man has no legal rights.
7. Define obscenity and explain why it is controversial using the charter.
 The Criminal Code defends obscenity; Section 163 for the purpose of this act, any publication where
the dominant characteristic is the exploitation of sex or crime, horror, cruelty and violence shall be
deemed obscene. These decisions should reflect the moral and values determined by the household.
Controversial because different households will have different viewpoints regarding what is
considered obscene.
Read/review the following cases in the textbook and answer the corresponding questions
I.
R. v. Tessling (pg. 52-53)
a. What was the decision at trial? Convicted of trafficking marijuana and possession of
weapons
b. What was the decision of the Ontario Court of Appeal? Ruled that the helicopter fly-over
violated Tessling’s right to be secure against an unreasonable search and seizure. They
excluded the evidence and acquitted Tessling.
c. Why did the Supreme Court of Canada restore Tessling’s conviction? Because the
information obtained by the RCMP using the FLIR technology was not unreasonable and
did not infringe on Tessling’s privacy rights
d. Mr. Justice Ian Binnie commented: “The respondent had no reasonable expectations of
privacy in the heat distribution information.” What do you think Mr. Justice Binnie
meant by “reasonable expectation of privacy”? Reasonable expectations of privacy
refers to whether or not an individual held any belief that the information would be
kept private. In this case it was the hydro-electric information
II.
Sauve v. Canada (pg. 47)
a. Do you agree with the court’s decision? Why or why not? In favour: Denying the vote
would be an added punishment and undermine civic responsibility. Against: those who
commit serious crimes should be denied the right to vote as this upholds civic
responsibility and the rule of law. Voting enhances your civic responsibility and shows
respect for the rule of law, if you are incarcerated, you should lose this aspect of
citizenship
Describe the following sections of the Charter:
I.
Section 1: Section 1 of the Charter is the Reasonable Limits Clause.
II.
Section 2: (notes- outlines 4 fundamental freedoms)
Section 2 of the Charter explains the basic freedoms provided to all Canadians.
These are fundamental freedoms:
 Freedom of Conscience and Religion
 Freedom of Thought, Belief, Opinion, and Expression
 Freedom of Peaceful Assembly and
 Freedom of Association
III.
Section 3,4,5:
• Democratic Rights: Definition: right of citizens to vote
• Also guarantees that an election must be held every five years
IV.
Section 6:
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Mobility Rights: Definition: right to enter and leave Canada; right to move between
provinces and territories
V.
Section 7-14:
• Legal Rights: Definition: Charter sections that protect personal and procedural rights in
the criminal justice system
• Section 7: Life, Liberty, Security of the Person
• Section 8: Search and Seizure
• Section 9: Detention or Imprisonment
• Section 10: Arrest or Detention
• Section 11: Criminal Proceedings
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Section 12: Treatment or Punishment
Section 13: Self-Crimination
Section 14: Right to an Interpreter
VI.
Section 15:
 Equality Rights: Definition: Protection from discrimination
 Specific grounds for discrimination include: race, ethnic origin, colour, religion, gender,
age, mental or physical disability, and (most recently) sexual orientation.
 A controversial equality issue in recent years has been equal rights for same-sex couples
VII.
Section 33:
 Notwithstanding Clause (refer to #2)
Matching/Apply your knowledge of Cases:
Abortion
Equality Rights
Keegstra
Freedom of Religion
Truckers Protest
Freedom of Association
Rodriguez
Reasonable Limits Clause
Ford
Freedom of life, liberty, and security
Anti-Gang Law
Freedom of Peaceful Assembly
Justine Blainey
Notwithstanding Clause
Tobacco Products Act
Freedom of Expression
Kirpan Case
Euthanasia