chapter 3

Question 1

before the Canadian charter of rights and freedoms, in 1982, did Canadians have guaranteed protection or nah?

Answer 1

naaah

Question 2

when does discrimination under section 15 from a law or act of a government exist?

Answer 2

1. differential treatment based on personal characteristic or doesn’t take into consideration the characteristic
2. described or associated in section 15
3. imposes and unnecessary burden on the person or perpetuates a stereotype

Question 3

official languages of canada

Answer 3

French and English

–> only where f¡government has authority under the constitution

Question 4

how is the Notwithstanding Clause (section 33) restricted

Answer 4

can only be used to limit rights set out in sections 2 and 7 to 15 of the charter

once it is used, it cannot operate for more than 5 years (sunset clause)

Question 5

sunset clause

Answer 5

once the Notwithstanding Clause (section 33) is used, it cannot operate for more than 5 years

Question 6

reverse onus

Answer 6

guilty until proven innocent

Question 7

who can discriminate under section 20.1 in quebecs charter?

Answer 7

insurance and pension plans

Question 8

quebec political rights

Answer 8

the right for every person to be heard. by their legislators in matters of concern

each person possesses the right to vote and present themselves for election to public office

Question 9

quebecs judicial rights

Answer 9

similar to legal rights of the canadian charter

–> every person accused of an illegal activity has to right to a fair and impartial hearing by a tribunal

–> nobody may be detained except as provided by law and they must be treated with humanity

–> all people are protected from unreasonable search and seizure of property

Question 10

quebecs economic and social rights

Answer 10

unlike the canadian charter, quebecs charter provides economic and social protections for various member of the community

Question 11

injection

Answer 11

ordering the offending party to sop and ongoing violation

Question 12

Punitive damages

Answer 12

granted by a court as a means of punishing the defendant to teach them a lesson

Question 13

the civil code of quebec

Answer 13

1. enjoyment of civil rights (art. 1 - 9)
2. integrity of the person (art. 10)
3. care (art. 11 - 25)
4. respect of children’s rights (art- 32 - 34)
5. respect of reputation and privacy (art. 35 - 41)
6. change of. name (art. 57 - 70)
7. change of designation of sex (art. 71 - 73)

Question 14

enjoyment of civil rights (art. 1 - 9)

Answer 14

all persons born alive and viable (able to survive on own) have juridicial personality and can exercise all civil rights

–> ex: patrimony

cannot exercises these in bad faith

Question 15

patrimony

Answer 15

property (assets) - liabilities

Question 16

bad faith

Answer 16

purpose to cause harm to others

Question 17

integrity of the person (art. 10)

Answer 17

every person is protected from any interference, except if the law allows it or the person has given a free and enlightened consent

–> consent is valid only if it was given free of physical or psychological pressure and the person fully understood

Question 18

care (art. 11 - 25)

Answer 18

an adult has the right to refuse and all medical care, even if the rudsal may mean the person’s life would be placed at risk

medical care can only be forced upon if the person cannot give consent

minors aged 14 and over can give consent of their own

adult may consent to donate body part os submit themselves to medical experiments as long as the benefits fair outweighs the disadvantages

Question 19

respect of children’s rights (art- 32 - 34)

Answer 19

all children have a right to protection, security, and attention from their parents or appointed guardians

every decision concerning them must be made in their best interest

in court cases, child may be heard by a judge if possible

Question 20

respect of reputation and privacy (art. 35 - 41)

Answer 20

no person may invade the privacy or harm the reputation of another

cant violate article 36 basically

also has strict rules on who can keep a file or collect information on a person

Question 21

article 36; the following may be considered invasions of privacy

Answer 21

1. entering or taking anything from home
2. intentionally intercepting or using his private communications
3. appropriating or using his image or voice while he is in a private premise
4. keeping his private life under observation by any means
5. using his name, image, likeness or voice for a purpose other than the legitimate information of the public
6. using his correspondance, manuscripts or other personal documents

Question 22

6. change of. name (art. 57 - 70)

Answer 22

every person, including minors aged fourteen years and older, can request a change of their family name for serious reason

Question 23

7. change of designation of sex (art. 71 - 73)

Answer 23

a person that got operated and has resided in quebec for at least a year can request a change in their birth certificate and given name