C3 Flashcards
What does the Charter guarantee regarding human rights?
Prohibits governments from making laws or authorizing actions that infringe on certain rights.
This establishes a legal framework for protecting human rights.
What is the purpose of human rights legislation?
Provides protection against infringement of specified rights through actions of individuals, corporations, and government agencies.
It ensures accountability for actions that may violate human rights.
List the prohibited grounds of discrimination generally included in federal and provincial statutes.
- Race
- Sexual orientation
- National or ethnic origin
- Marital status
- Colour
- Family status
- Religion
- Physical or mental disability
- Age
- Pardoned criminal convictions
- Sex and/or Gender
These grounds are critical for understanding discrimination in various contexts.
What are the categories of discrimination?
- Direct discrimination
- Adverse-effect discrimination
- Systemic discrimination
- Harassment
Each category highlights different forms and implications of discriminatory behavior.
Define direct discrimination.
Occurs when a rule, practice, preference, or restriction is purposefully discriminatory.
It involves intentional actions against individuals based on prohibited grounds.
Define adverse-effect discrimination.
A rule, practice, preference, or restriction that is not discriminatory on its face but may still have a discriminatory effect, unintentionally.
This highlights the importance of examining the outcomes of policies.
What is systemic discrimination?
Unintentional discrimination rooted in long-standing stereotypes that create a discriminatory effect.
It reflects deeper societal issues that require systemic change.
What constitutes harassment in the context of human rights?
To trouble or annoy the victim or make them uncomfortable. If it causes fear for safety, it may be criminal harassment under section 264 of the Criminal Code.
This includes behaviors that create a hostile environment for individuals.
What is sexual harassment as defined by human rights statutes?
Includes sexual jokes, comments, sexually explicit images, unwanted touching, and requiring revealing uniforms.
It is recognized as a prevalent and serious issue that violates human rights.
In which areas do human rights laws prohibit discrimination?
- Employment
- Housing (accommodation)
- Services
- Contracts
These areas are essential for ensuring equal treatment across various facets of life.
What was the Community Contacts policy related to the Toronto Police Services?
Also known as ‘street checks’ or ‘carding’, was banned in Ontario in January 2017 to prevent racial profiling.
This policy change aimed to protect the rights of individuals against arbitrary police stops.
What is the exception to discrimination under human rights legislation?
Bona fide job qualifications.
This allows for legitimate discrimination based on specific skills or training necessary for a job.
What is the three-step test for bona fide job qualifications?
- Purpose rationally connected to job performance
- Adopted in good faith
- Reasonably necessary for legitimate work-related purpose
This test helps to determine if a job requirement is justifiable.
Give examples of prohibited discrimination in housing under Ontario’s Human Rights Code.
- Refusing to rent to an unmarried couple
- Asking for higher rent from an LGBTQ2+ couple
- Refusing to rent to a person with a disability
- Refusing to rent to families with young children
- Asking for a higher deposit from someone receiving public assistance
These examples illustrate the application of human rights in housing contexts.
What are some acts to consider related to housing?
- Residential Tenancies Act, 2006
- Social Housing Reform Act, 2000
These acts provide legal frameworks for tenant rights and landlord obligations.
Identify key terms related to housing.
- Rent-control
- Quiet enjoyment
- Landlord and Tenant Board
- Sub-let
- Non-profit housing
Understanding these terms is essential for navigating housing-related legal issues.
