CH. 2

Question 1

First national listing of human rights in Canada

Answer 1

Bill of Rights

Question 2

guarantee of specific rights and freedoms enshrined in the Constitution & enforced by the judiciary, overriding federal/ provincial laws that are inconsistent

Answer 2

Canadian Charter of Rights and Freedoms

Question 3

“you shall have the body”- protects you from illegal search

Answer 3

habeas corpus

Question 4

favouritism shown to family members

Answer 4

nepotism

Question 5

one person is favoured over another because they are more skilled than the other person.

Answer 5

Discrimination based on merit

Question 6

the Constitution Act and enactment of the Canadian Charter of Rights and Freedom

Answer 6

Human rights & freedom are protected regardless of the government in power

Question 7

Section 33 allows the federal and provincial gov’ts to pass legislation which has been exempt from section 2 and section 7-15. Allows a legislation to override the Charter.

Answer 7

Sec. 33 of the Charter

Question 8

Are the provisions of the Charter binding on everyone in Canada?

Answer 8

No- binds federal and provincial governments, their agencies and departments. Does not bind individuals or private corporations.

Question 9

How do provinces deal with the fact that the Charter is only binding upon governments, their agencies and departments?

Answer 9

They pass provincial human rights legislation to cover individuals and corporations.

Question 10

fundamental freedoms in Section 2 of the Charter?

Answer 10

1. Freedom of conscience and religion
2. Freedom of thought, belief, opinion and expression, including freedom of the press
3. Freedom of peaceful assembly
4. Freedom of association

Question 11

Treating ppl differently, (-)ly/ adversely with no good reason

Answer 11

CHRA’s definition of discrimination

Question 12

exists when one person has the power to affect another person’s property or legal interests. A person in this position has a duty to protect the interests of the other; need to act in someone else’s best interest. eg. lawyers, doctors, police, investment advisors, teachers.

Answer 12

Fiduciary duty

Question 13

Legal responsibility for negligence of another person.
(are liable when their employees harm a third party with whom their employer has no contract.)
- arises under tort law
(An employer may escape liability if the employee acted wholly outside the scope of his or her employment.)

Answer 13

Vicarious liability

Question 14

fundamental differences between the Charter and CHRA

Answer 14

The Charter deals with all human rights (i.e. legal rights, political rights, equality rights, religious rights, etc.); the CHRA mainly deals with equality rights
• The Charter is part of the Constitution, whereas the CHRA is a piece of federal legislation and therefore subject to change
• The Charter applies to all levels of government (exempt private individuals and organizations); CHRA pertains to the federal government and areas within federal jurisdiction

Question 15

Can employers ever test for drug and alcohol dependency?

Answer 15

Yes, once a written offer of employment has been submitted to the employee, providing the testing is related to the employee’s ability to perform the essential duties of the job.

Question 16

During the course of employment, what three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

Answer 16

1. Seriously and adversely affecting the employee’s behaviour.
2. Has caused the employee to repeatedly either miss work or be late for work.
3. Has jeopardized the safety of the employer, other employees, or the public.

Question 17

Exceptions for the police to search your room

Answer 17

No- exceptions:

• Consent searches
• Searches made in connection with an arrest.
• Emergency exception (imminent danger)
• The plain view doctrine.