The document discusses several topics related to the Canadian Charter of Rights and Freedoms: - The Charter sometimes contains contradictions between rights like freedom of expression and the right to life. - The Charter has a limiting clause that allows rights to be restricted if considered justified in a democratic society, giving judges significant power. - The Notwithstanding Clause allows provinces to override certain Charter rights for up to 5 years. - The Charter can be amended through an approval process requiring support from 7 provinces with 50% of the population.

1. CHARTER LOOPHOLES

2. - 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

3. - 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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4. 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

5. - 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

6. 1.Which of these is not a Fundamental Freedom within the
Charter of Rights and Freedoms?
a)Freedom of expression
b)Freedom of association
c)Freedom of religion
d)Freedom of movement within Canada

7. 1.The right to life, liberty, and security of person is
related to:
a)Fundamental Freedoms
b)Legal Rights
c)Equality Rights
d)Democratic Rights

8. 1.Minority Language Rights guarantee
a)A right to education in your first language
b)A right to education in either French or English
no matter what
c)A right to education in either French or English if
there are significant numbers of students
d)Quebec’s right to only offer education in French

9. 1.Which of the following is not a
Legal Right?
a)Right to be compelled to testify
b)Right to not be arbitrarily
arrested and detained
c)Right to be presumed innocent
until proven guilty
d)Right to a lawyer and fair trial

10. 1.Preferential Hiring (consciously
hiring from disadvantaged and
minority groups) would relate
to
a)Equality Rights
b)Fundamental Freedoms
c)Employment Rights
d)Legal Rights