Chapter 2

Question 1

Magna Carta

Answer 1

June 1215

Provided limited rights

Question 2

Charter

Answer 2

Part of the Constitution
Deals w human rights
Applies to all levels of government EXCEPT private individuals and and organizations

Question 3

Rule of Law Principle

Answer 3

Requires that laws be applied fairly and not arbitrarily

However a law must be just and in of itself, before it can be applied justly

Question 4

Universal Declaration of Human Rights

Answer 4

John Humphrey

international agreement

Question 5

Canadian Bill of Rights

Answer 5

1960 John Diefenbaker

Applied to matters only under federal jurisdiction (provided insufficient protection)

Question 6

Constitution Act Enactment of Canadian Charter of Rights and Freedoms

Answer 6

Enactment of Canadian Charter of Rights and Freedoms which is entrenched in the Canadian Constitution and overrides any federal or provincial law

Question 7

Charter

Answer 7

Has 34 sections. Characterizes certain rights and freedoms

binds the federal and provincial government, their agencies and departments BUT DOES NOT bind private citizens or corporations (provincial law does this)

Question 8

Section 2 (of the Charter) ((4))

Answer 8

Freedom of conscience and religion
Freedom of thought, belief, opinion and expression including freedom of the press
Freedom of peaceful assembly
Freedom of association

Question 9

Charter rights guaranteed ONLY to CITIZENS

Answer 9

democratic right to vote or run for election
mobility right to enter/leave canada
english or french minority language and education rights

Question 10

Charter rights EVERYONE

Answer 10

Legal Rights
Right to life, liberty and security of person
To be secure against unreasonable search (habeas corpus)
If arrested the right to a lawyer
Presumption of innocence
Equal protection and benefit of the law w/o discrimination
official language rights

Question 11

Sectio 33 ( of the Charter)

Answer 11

allows the federal/provincial government to pass legislation which has been exempt from section2, 7-15. Allows for legislation that overrides the charter

Question 12

Habeas Corpus

Answer 12

You shall have the body. deals with searches

Question 13

Sunset Clause

Answer 13

a declaration that the statute operates notwithstanding the Charter ceases to have an effect after five years

Question 14

Discrimination

Answer 14

CHRA is aimed at protecting individuals from discrimination

treating people differently, negatively or adversely w/out good reason

Question 15

Discrimination based on merit

Answer 15

Serves the legitimate interests of society

Question 16

CHRA

Answer 16

Canadian Human Rights Act 1977

Question 17

CHRA vs Charter

Answer 17

Charter Deals w/ all human rights
Charter is part of the constitution
Charter applies to all levels of govnt (except private citizens/organizations)

CHRA deals with equity rights
CHRA is federal legislation and subject to change
CHRA pertains to federal government and areas w/in the federal government

Question 18

CHRA and Drugs/Alcohol

Answer 18

Dependency is regarded as a handicap

Test is prohibited during the job application

Question 19

Discrimination based on Drugs/Alcohol

Answer 19

Allowed when:

jeopardizes the safety of the employee/others
is repeatedly causing lateness and/or absenteeism
is seriously and adversely affecting the behaviour of the employee

Question 20

Fiduciary Duty

Answer 20

the relationship btwn a person who has the power to affect another persons property or legal intersts

dr.s, lawyers, employers & supervisors

Question 21

Vicarious Liability

Answer 21

legal responsibility for the negligence of another person. Employees are liable when their employees harm a third party

Question 22

Record of Offenses

Answer 22

Can not discriminate when

offense involved a provincial or territorial act
offense was a criminal code and it was pardoned

Question 23

Duty to Accommodate

Answer 23

employers must attempt to accommodate the protected needs of employees (religion i.e)

Question 24

Exceptions to the CHRA

Answer 24

affirmative action programs
special intrest organizations (religious)
nepotism