Social Studies 11 Chapter 10

The clause in Section 1 of the charter, called "reasonable limits," was the reason why the Supreme Court of Canada ruled that James Keegstra's promotion of hatred went beyond his freedom of expression. This clause allows for certain restrictions on rights and freedoms in order to protect the rights and freedoms of others, maintain public order, and uphold democratic values. In this case, the court determined that promoting hatred crossed the line and was not protected under the freedom of expression, as it posed a threat to the rights and well-being of others.

In 1981, the government made their final attempt to create an amending formula. This involved provincial ministers, Jean Chretien, and the federal Justice Minister, who gathered in the kitchen of the hotel where they were staying. This informal meeting became known as the "kitchen accord."

After World War II, there was a significant shift in global consciousness towards the importance of human rights. The atrocities committed during the war, including the Holocaust and other war crimes, made it evident that the protection of human rights was essential. This led to the establishment of international organizations such as the United Nations and the Universal Declaration of Human Rights, which aimed to promote and protect human rights worldwide. The post-war era marked a turning point in recognizing the need for global demand and action to safeguard human rights.

The Supreme Court is the highest court for all legal issues since 1949. It is responsible for interpreting and applying the law, and its decisions are final and binding. The Supreme Court has the power to review and overturn decisions made by lower courts, ensuring consistency and uniformity in the interpretation of the law. It plays a crucial role in upholding the rule of law and protecting individual rights and liberties.

The UN has the power to promote the Universal Declaration of Human Rights by drawing attention to atrocities/abuses and putting pressure on offending countries. This means that the UN can raise awareness about human rights violations and use diplomatic means to encourage countries to adhere to the principles outlined in the Declaration. By highlighting abuses and applying pressure, the UN aims to create accountability and encourage countries to respect and protect human rights.

China and the USA were against the formation of the International Criminal Court because they were unwilling to let an international body interfere with laws affecting their citizens. Both countries have a strong emphasis on national sovereignty and believe that their own legal systems should have the final say in matters concerning their citizens. They may have concerns about the potential for political bias or infringement on their own legal processes if they were to submit to the jurisdiction of an international court.

The notwithstanding clause exists because some politicians felt that the charter would weaken their power. This clause allows provincial or federal governments to override certain rights and freedoms protected by the charter for a specific period of time. It was included in the Canadian Constitution to address concerns about potential encroachments on provincial powers and to ensure that governments have the ability to make decisions without being bound by certain constitutional rights.

The Charter refers to the Charter of Rights and Freedoms in Canada, which is a constitutional document that protects the rights and freedoms of individuals. If the power of police has been reduced by the Charter, it means that the Charter has placed limitations on the authority and actions of the police, potentially providing more protection and rights to individuals. Therefore, the statement "The power of police has been reduced by the Charter" is true.

Child poverty is the biggest children's rights issue in Canada because it affects the well-being and development of children. Poverty can lead to inadequate access to basic necessities such as food, shelter, and healthcare, which can negatively impact a child's physical and mental health. It also limits their educational opportunities and perpetuates a cycle of poverty. Child poverty is a violation of children's rights to a standard of living that is adequate for their physical, mental, and social development, as stated in the United Nations Convention on the Rights of the Child.

The correct answer is General (Section 25-31). This section of the Charter encompasses various rights and freedoms that apply to all individuals, regardless of their sex. It includes provisions such as the guarantee of fundamental freedoms, democratic rights, mobility rights, legal rights, and equality rights. While the question states that the answer is not under equality, it is important to note that equality rights are indeed part of the General section (Section 15) of the Charter.

The International Court of Justice can only intervene in a dispute if both parties involved voluntarily submit to its jurisdiction. It cannot intervene if one side is unwilling to seek its help. Therefore, the statement that the International Court of Justice can intervene if one side is unwilling to ask for help is false.

The given statement "I have the right to live, study, and work regardless of my race, religion, national or ethnic origin, colour, sex, age, and mental or physical ability" refers to the principle of equality. This right falls under the section of the Charter that deals with Equality Rights (Section 15), which ensures that all individuals are treated equally and prohibits discrimination based on various grounds such as race, religion, gender, age, etc.

Canada did not sign the UN Declaration on the Rights of Indigenous Peoples that was endorsed in 2009. This means that Canada did not formally agree to uphold and support the rights outlined in the declaration for indigenous peoples. The decision not to sign may be due to various reasons, such as concerns over potential conflicts with existing laws and policies, disagreements on certain provisions, or a lack of political will to fully commit to the principles of the declaration.

The right to "life, liberty, and security of person" falls under the Legal Rights section (Section 7) of the Charter. This section guarantees that everyone has the right to life, liberty, and security of person and that these rights cannot be denied except in accordance with the principles of fundamental justice.

The Amending Formula requires that 7 out of 10 Canadian Provinces must agree, it must represent at least 50% of the population of Canada, and there must be approval in the House of Commons and Senate. Quebec does not count as 3 provinces.

The Diefenbaker's Canadian Bill of Rights included the recognition of rights already held under common law, it did not override federal/provincial laws, and it could be amended or changed.