Chapter 2 and 3 Quest Practice

True/False

Indicate whether the statement is true or false.

____ 1. The Charter states that most rights and freedoms are absolute.

____ 2. Rights and freedoms are legal entitlements that citizens can expect from their government.

____ 3. Section 33 of the Charter, the Notwithstanding Clause, can be applied without review for an indefinite period.

____ 4. Freedom of peaceful assembly is one of the fundamental freedoms in Section 2 of the Charter.

____ 5. The right to vote is entrenched in the Charter. This means that it can never be removed under any circumstances.

____ 6. Every Canadian citizen over the age of 18 has the right to vote.

____ 7. The right to vote can be restricted by age, residency, and income.

____ 8. Provinces are not permitted to impose restrictions on mobility (moving freely within Canada).

____ 9. The section of the Charter that allows Canadians to move freely in and out of Canada, as well as within the country, is referred to as Mobility Rights.

____ 10. Legal rights include being informed of the reason(s) for being placed under arrest.

____ 11. A police officer requires a warrant to search a vehicle if he or she has reason to believe there are drugs in the car.

____ 12. Being detained is not the same as being arrested.

____ 13. If an accused person is not tried within a reasonable time, the court may agree to a stay of proceedings, effectively dropping the charges.

____ 14. Section 35 of the Charter defines what Aboriginal Rights are.

____ 15. “Read down” means that a court rules that a particular law is no longer valid because it has been proven to violate one or more Charter rights.

____ 16. The first province to give women the right to vote was Ontario in 1916.

____ 17. Discrimination involves treating individuals differently based on factors such as race, sex, or disability.

____ 18. In 1921, Agnes Macphail became the first woman ever elected to the House of Commons.

____ 19. Suffrage refers to a woman’s right to own property.

____ 20. In 1927, a group of feminists known as the Famous Five asked for Canadian women to be officially recognized as “persons”. This became known as the Persons Case.

____ 21. Pay Equity is specifically guaranteed in the Charter of Rights and Freedoms.

____ 22. In Canada, the term “Indian” is used in the constitution to designate First Nations people who are not Inuit or Metis.

____ 23. Assimilation is a key part of multiculturalism as it encourages ethnic groups to preserve their cultural identities.

____ 24. The Immigration Act, 1976 introduced a points system for people applying to live in Canada.

____ 25. During a period of selective immigration beginning in 1885, every potential immigrant to Canada had to pay a “Head Tax” of $50.

____ 26. In the 1980s, there was a major movement to open more institutions for people with disabilities, including those with mental illness.

____ 27. In a 9 to 0 decision, the Supreme Court of Canada ruled Ontario’s Family Law Act was unconstitutional because its definition of spouse excluded same-sex relationships.

____ 28. A person who makes a formal allegation of discrimination and seeks a remedy is called the respondent.

____ 29. In addition to the Charter and the Canadian Human Rights Act, each province has its own human rights code.

____ 30. The main purpose of human rights complaints is to punish the person(s) accused of discrimination.

Multiple Choice

Identify the choice that best completes the statement or answers the question.

____ 31. Section 1 of the Charter contains the ______.

a. / Reasonable Limits Clause
b. / Equality Rights Section
c. / Notwithstanding Clause
d. / Declaration of the Rights of Man and of the Citizen

____ 32. A restriction on individual rights under the Charter can remain if it is demonstrably justifiable in a free and ______.

a. / modern nation
b. / bilingual country
c. / multicultural society
d. / democratic society

____ 33. Legislation passed using the Notwithstanding Clause can remain in effect for how many years?

a. / 2 years
b. / 5 years
c. / 7 years
d. / 10 years

____ 34. What is the first question that must be asked when analyzing a potential Charter case?

a. / Is there an infringement?
b. / Does the Charter apply?
c. / Should the law be read down?
d. / Should the law be struck down?

____ 35. Fear of spreading hate has been used by courts as a reason to limit which Charter right?

a. / Freedom of Religion
b. / Freedom of Association
c. / Freedom of Expression
d. / Freedom of Conscience

____ 36. The sections of the Charter that protect personal and privacy rights are known as what?

a. / Democratic Rights
b. / Fundamental Freedoms
c. / Legal Rights
d. / Equality Rights

____ 37. Section 11 of the Charter states that an accused person ______.

a. / must testify in his or her own defence
b. / cannot be forced to testify
c. / must prove his or her innocence
d. / may be subject to a lie detector test

____ 38. In the Criminal Code, what is the maximum penalty for uttering threats?

a. / life in prison
b. / 2 years
c. / 5 years
d. / 10 years

____ 39. Protection from discrimination is reflected in what section of the Charter?

a. / Equality Rights
b. / Democratic Rights
c. / Legal Rights
d. / Mobility Rights

____ 40. When a court orders that a term be added to a law that has been found to violate one or more Charter rights, this process is known as ______.

a. / reading in
b. / reading down
c. / striking in
d. / striking down

____ 41. If someone believes that one or more of their Charter rights have been interfered with, what may they seek?

a. / a remedy
b. / a verdict
c. / a resolution
d. / a reward

____ 42. Under Equality Rights in the Charter, which of the following does not belong? Equal...

a. / access to property.
b. / under the law.
c. / protection and benefit.
d. / before the law.

____ 43. When judges put their personal views into judgments, this is known as what?

a. / precedent
b. / judicial remedy
c. / judicial activism
d. / statute law

____ 44. What do the Charter’s sections on language rights (16-22) proclaim?

a. / that French and English are Canada’s official languages
b. / that federal laws must be printed in French and English
c. / that federal government services must be available in French and English
d. / all of the above

____ 45. Which of the following is a recent addition to the various categories of discrimination recognized by the Charter?

a. / race
b. / religion
c. / sexual orientation
d. / sex or gender

____ 46. Which of the following was the first women's suffrage organization in Canada?

a. / the Winnipeg Political Equality League
b. / the Toronto Women's Literary Club
c. / the Women’s Parliament
d. / the Manitoba Suffragist Movement

____ 47. Who founded the first women's suffrage organization in Canada?

a. / Dr. Emily Stowe
b. / Nellie McClung
c. / Agnes McPhail
d. / Emily Murphy

____ 48. By the end of which war did Canadian women gain the right to vote in federal elections?

a. / World War I
b. / World War II
c. / Boer War
d. / Korean War

____ 49. Which of the following are significant Aboriginal issues?

a. / right to self-government
b. / poverty
c. / land claims
d. / all of the above

____ 50. In the Persons Case of 1929, the British Privy Council ruled that women were “persons” who also qualified for appointment to:

a. / Parliament
b. / The League of Nations
c. / the Senate
d. / the Congress

____ 51. The Famous Five were Emily Murphy, Irene Parlby, Henrietta Muir Edwards, Louise McKinney, and:

a. / Kim Campbell
b. / Nellie McClung
c. / Dr. Emily Stowe
d. / Agnes Macphail

____ 52. In Delgamuukw v. British Columbia (1977), which of the following did the Supreme Court not do?

a. / describe a test for Native title
b. / show how the constitution protects Native title
c. / hold that Aboriginal oral histories are acceptable as evidence
d. / return British Columbia land to Aboriginal peoples

____ 53. In 1990, an attempt to ratify the constitution was blocked by a Native politician named Elijah Harper. What document did he vote against?

a. / The Victoria Charter
b. / The Charlottetown Accord
c. / The Constitutional Agreement
d. / The Meech Lake Accord

____ 54. During World War II, Canada refused thousands of Jewish refugees because

a. / they would upset Canada's ethnic balance
b. / they represented a security threat
c. / they would need social assistance
d. / all of the above

____ 55. During World War I, which group of Canadians were branded “enemy aliens”?

a. / Japanese Canadians
b. / Chinese Canadians
c. / Ukrainian Canadians
d. / African Canadians

____ 56. In 1996, the federal government added which of the following terms to the Canadian Human Rights Act as a prohibited basis for discrimination?

a. / religion
b. / sexual orientation
c. / gender
d. / physical disability

____ 57. Which of the following are considered legal disabilities in the province of Ontario?

a. / brain injury
b. / deafness
c. / obesity
d. / all of the above

____ 58. An action that appears to be neutral but has the effect of discriminating against most members of a particular group is an example of what?

a. / occupational harassment
b. / intentional discrimination
c. / unintentional discrimination
d. / occupational discrimination

____ 59. To remove or change a policy in order to avoid discrimination is an example of which of the following terms?

a. / accommodation
b. / assimilation
c. / compromise
d. / temperance

____ 60. In Ontario, where are human rights complaints often heard?

a. / Human Rights Commission
b. / Provincial Superior Court
c. / Human Rights Tribunal
d. / Provincial Supreme Court

Completion

Complete each statement.

61. The Charter’s second section explains the basic freedoms that all Canadian citizens have. This section is called ______.

62. The freedom to participate in a peaceful public demonstration is protected by this freedom in the Charter: ______.

63. The freedom to join a trade union is protected by this freedom in the Charter: ______.

64. Section 15 of the Charter guarantees that ______has the right to equal treatment by the law.

65. This part of the Charter ensures that proper procedures are followed in the criminal justice system, including arrest and search procedures: ______.

66. When courts find that a law is generally acceptable, but not in the particular case that is before them, they ______the law.

67. Protection against discrimination based on religion, age, or race can be found among these rights in the Charter: ______.

68. In addition to deciding which level of government has the power to enforce laws, ______also can decide whether or not laws or government actions are constitutional.

69. There are essentially two ways to enforce rights and freedoms in the Charter. One is to use the authority provided under Section 52 of the Constitution Act, 1982. The other is to ______under Section 24 of the Charter.

70. The acronym LEAF, referring to the organization that promotes women’s equality in Canada, stands for ______.

71. Pay equity is the principle of equal payment for ______.

72. In Calder v. Attorney-General of British Columbia, 1973, the main issue for the Nisga’a people that led to negotiations with the Trudeau government was ______.

73. In 1969, the Trudeau government released a controversial document on Native issues called the ______.

74. After the Meech Lake Accord was voted down, the ______Accord was proposed—but it failed as well.

75. The name of the member of the Manitoba legislature who blocked the Meech Lake Accord was ______.

76. Prior to 1885, Chinese labourers were brought to Canada to build the first national railroad. These workers were paid ______a day.

77. Japanese Canadians were rounded up and sent to internment camps during ______.

78. In 1967, Justice Minister ______decriminalized homosexuality.

79. In 1997, the federal government offered ______benefits to its gay and lesbian employees.

80. In the case of M. v. H., 1999, the Supreme Court ruled that same-sex couples have the same

______and ______as heterosexual couples.

Matching

Match each term with the correct statement below.

a. / Mobility Rights / f. / Entrenched
b. / Strike Down / g. / Conscience
c. / Infringed / h. / Association
d. / Amendments / i. / Democratic Rights
e. / Read Down / j. / Peaceful Assembly

____ 81. right to move freely within Canada

____ 82. rights that are a permanent part of the Constitution

____ 83. the right to vote

____ 84. fundamental freedom that prevents someone from being forced to act against their beliefs

____ 85. a court ruling that a law is acceptable except for a certain part that has to be removed

____ 86. fundamental freedom that allows peaceful protests

____ 87. changes to a constitution

____ 88. a court ruling that a law has become invalid

____ 89. fundamental freedom allows someone to join a cultural organization

____ 90. violation of one or more constitutional rights

Match each term with the correct statement below.

a. / suffrage / f. / stereotyping
b. / pay equity / g. / employment equity
c. / assimilated / h. / discrimination
d. / points system / i. / prejudice
e. / interned / j. / feminist

____ 91. person who believes women are equal to men