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Individual and Collective Rights in the Charter of Rights and Freedoms Flashcards | StudBud
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Individual and Collective Rights in the Charter of Rights and Freedoms
Individual and Collective Rights in the Charter of Rights and Freedoms
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1
What is the Government's perspective on the Numbered Treaties?
Wanted to take over First nations land once they came to Canada
First Nations gave up land when they signed the Numbered treaties
First Nations gave up land when signed,recorded treaties in English/French
Recorded their treaties in English or French
2
Why was the Constitution created?
Before 1982, each province/territory had its own varying rights/freedoms
The government just wanted control over rights/freedoms of Canadians
So the government has a consistent system of laws the gov. has to follow
So Canadians could challenge laws in courts if they restrict their rights
3
What is Affirm? Autonomy?
To validate/express commitment to something. Authority to make decisions
Fixing firmly within. Authority to make decisions
The shared identity of a group of people, with a common language/culture
To validate/express commitment to something. A person w/French-1st language
4
What legislation is MOST important in affirming Metis collective rights in Canada?
No legislation, none have/has ever affirmed the rights of Metis in Canada
The Consitution, recognizes collective rights of Metis as Aboriginal people
All legislation
The Indian Act, affirms rights of Metis as Aboriginal people
5
What is a Legal Right in the Charter of Rights and Freedoms?
- Right to quick/fair trial by impartial court,assumes innocent till guilty
The Supreme Court decides the legal rights of Canadians, not Constitution
- Right to be free of discrimination bc of race, gender, age, religion etc.
- Freedom to associate with any person or group
6
Anglophone - A person whose 1st language is French, Francophone - A person whose 1st language is English
False
True
7
What are Individual Rights?
Rights held by individuals in society, recognized and guaranteed in Charter
Rights held by groups in society, recognized and guaranteed in Charter
Rights held by people/groups in society, recognized & guaranteed in Charter
Rights held by individuals in society, guaranteed in Charter
8
The Charter was created on April 17th, 1982 and signed into highest law of the land by Queen Elizabeth ll
True
False
9
Ethnocentrism - Belief everyone's culture is superior to your own
True
False
10
What are some reasons First Nations signed the treaties?
Wanted to avoid war, land is a legacy and part of the First Nations culture
Wanted to secure their future, wanted their rights recognized to the land
Wanted to avoid from war, wanted to secure their future bc of the railway
Believed the FN gave up their land when signed/wanted to avoid war
11
The Founding People of Canada have collective rights bc they helped create Canada, & had a significant impact on Canada
True
False
12
What is a Scrip?
People who speak official languages in Canada
Independence as a people, with a right to self-government
A doc. that could be traded for land/offered to Metis in Numbered Treaties
A group that speaks one of Canada's official languages, & isn't a majority
13
What legislation establishes collective rights? What legislation establishes individual rights?
Collective - Constitition, Charter Individual - Charter
Both are established in the Constitition and Charter of Rights & Freedoms
No legislation establishes either of their rights
Individual - Constitition, Charter Collective - Charter
14
The Constitution is the highest law of the land, so all other laws must comply with it
True
False
15
What is the Charter of Rights and Freedoms?
Part of Constitution,highest law of land/framework of how Canada's governed
Created on April 17th, 1982
Says the gov. justified to restrict rights;maintain free/democratic society
Part of Constitution, set of laws - Constitution protected rights/freedoms
16
The Supreme Court will not always make a decision in your favour when brought to the court
False
True
17
Until 1960, FN were required to give up legal identities and Treaty Rights to vote
True
False
18
How else did the Indian Act affect First Nations peoples?
No idea
Restricted to wear traditional clothes, partake in traditional ceremonies
Assimilate First Nations;right to travel freely,have political action, etc.
Created 'Indian Agents' for reserves w/power to how gov. does their duties
19
What is an Equality Right in the Charter of Rights and Freedoms?
- Right to run for office/MLA/Parliament
- Right to be free of discrimination from race,ethnic origin, religion etc.
No idea
Canada has no equality rights in Charter, they're recognize in Constitution
20
What makes Canada unique and different from many other countries?
Individual & collective rights guaranteed/protected by Constitution.
We have only collective rights and no individual rights
We say 'eh' at the end of the sentence, so Canadian
A right include freedom to enter,stay/leave Canada - only right of its type
21
First Nations-Umbrella name for diverse Aboriginal peoples (have collective rights protected/recognized in Constitution)
False
True
22
What are the terms
inherent rights
and
patriate
?
No clue
Rights w/origins in fundamental justice. Bring something back to a country
Federal leg. - rights/status of First Nations peoples(Indians), passed 1876
Independence as a people, w/a right to self-government
23
When did the Canada Elections Act grant Canadian/Indigenous women right to vote/ participate in democratic activities?
1900-1914
1925-1950
1932-1951
1916-1960
24
Who are given individual rights in society?
Any Canadian citizens of Canada
Permanent residents of Canada
Every Canadian citizen in B.C.
Any Canadian citizens and permanent residents of Canada
25
What is Collective Identity?
Land for the exclusive use of First Nations
Paid for by taxes and provided by the government
Become part of a different cultural group
The shared identity of a group of people bc of common language and culture
26
Only in cases of dire emergency, can the government restrict individual rights/freedoms for the well-being of Canadians
False
True
27
What are 2 Fundamental Freedoms in the Charter of Rights and Freedoms?
-Freedom to choose your own religion -Right to be free of discrimination
-Freedom to express your opinion -Freedom to associate w/any person/group
-Freedom to express your opinion -Freedom to enter/stay/leave in Canada
-Right to start your own political party -Freedom to express your opinion
28
What does Section 16-20 establish?
Allows Francophones to make Francophone schools & francophone schoolboards
Allows people to choose education in their minority language
French/English-2 offiial languages, citizen right to talk to gov. in either
Allows Anglophones to act business in English/have English signs in Quebec
29
All First Nations signed the numbered treaties
False
True
30
Which groups in Canada guaranteed collective rights?
Founding peoples of Canada - Metis, Inuit, FN, Francophones, Anglophones
Francophones and Anglophones
Aboriginal Peoples (Metis, Inuit and First Nations)
Rights are given to all Canadians, not one select group
31
What is a Mobility Right in the Charter of Rights and Freedoms?
- Freedom to express your opinion
-Free of imprisonment, search/seizure with no reason backed w/evidence
- Right to move anywhere within Canada and earn a living there
There are no mobility rights in the Charter of Rights and Freedoms
32
What are the two official languages of Canada?
Portuguese and Italian
French and English
English and German
French and Spanish
33
What are some facts about the Numbered Treaties?
Nation-to-nation agreements, roots in RP of 1763 & are peaceful negotiation
FN consider treaties a sacred thing, Europeans wanted to control FN's lands
FN, Gov. wanted to avoid war, can't change without permissions of FN
Gave FN education, hunting/fishing rights, reserves, annuities and payments
34
Italian, Japanese and Ukrainian Canadians were imprisoned after their country became involved against Canada in WWl/ll
False
True
35
What are 2 Democratic Rights in the Charter of Rights and Freedoms?
- Right to vote for members of HOC/Provincial Leg. -Right to vote gov.
The Supreme Court decides the legal rights of Canadians, not Constitution
- Right to be free of discrimination from race,ethnic origin, religion etc.
No clue
36
The Canadian Charter of Rights/Freedoms allowed Anglophones to conduct business in English & have English sign in Quebec
True
False
37
What is the Indian Act? When was it made?
An act that establishes land rights of FN. Made in 1900
A document that establishes payments, annuities etc. of FN. Made in 1823
An act that establishes hunting/fishing rights of FN. Made in 1978
A document that establishes/defines collective rights of FN. Made in 1867
38
What does Bill 101 do?
Protect French language in the rest of Canada (limits French)
Protect French language in Quebec (limits English)
Protect Spanish language in Quebec (limits French)
Protect German language in the rest of Canada (limits English)
39
The Indian Act defines people registered 'Status Indians' w/Treaty Rights, controlled decisions made about FN,not the FN
False
True
40
What is the Manitoba School Act? When was it created?
Made public funding for Protestant schols/made Manitoba French-only, 1892
Rid of education system for Manitoba, made it English only, 1911
Rid of public funding for Catholic schools/made Manitoba English-only, 1871
Added additional public funding for school system, 1800
41
What did the Indian Act do to First Nations peoples?
The Indian Act imprisoned First Nations and seized their land/possessions
Took away their democratic, mobility & equality rights, fundamental freedom
Gave them more rights and upheld treaty rights previously guaranteed
Restrict their rights and affects those who signed previous treaties.
42
What is the First Nations perspective on Numbered Treaties?
Recorded terms of the signed Treaties in their own langauge
Believe they gave up their land
Believe they didn't give up land,the land is a legacy;part of their culture
Believe the land is a legacy and part of their culture
43
Why do all levels of Canadian governments need to follow the Charter of Rights and Freedoms?
No idea
If the gov. does follow the Charter, then rights/freedoms will be kept
We have a Charter?
If the gov. doesn't follow the Charter, there's no point in having one
44
'Indian'-Word used by Europeans to describe First Nations of North America- diverse, don't define themselves as 'Indian'
False
True
