chapter 3 Flashcards
before the Canadian charter of rights and freedoms, in 1982, did Canadians have guaranteed protection or nah?
naaah
when does discrimination under section 15 from a law or act of a government exist?
- differential treatment based on personal characteristic or doesn’t take into consideration the characteristic
- described or associated in section 15
- imposes and unnecessary burden on the person or perpetuates a stereotype
official languages of canada
French and English
–> only where f¡government has authority under the constitution
how is the Notwithstanding Clause (section 33) restricted
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)
sunset clause
once the Notwithstanding Clause (section 33) is used, it cannot operate for more than 5 years
reverse onus
guilty until proven innocent
who can discriminate under section 20.1 in quebecs charter?
insurance and pension plans
quebec political rights
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
quebecs judicial rights
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
quebecs economic and social rights
unlike the canadian charter, quebecs charter provides economic and social protections for various member of the community
injection
ordering the offending party to sop and ongoing violation
Punitive damages
granted by a court as a means of punishing the defendant to teach them a lesson
the civil code of quebec
- enjoyment of civil rights (art. 1 - 9)
- integrity of the person (art. 10)
- care (art. 11 - 25)
- respect of children’s rights (art- 32 - 34)
- respect of reputation and privacy (art. 35 - 41)
- change of. name (art. 57 - 70)
- change of designation of sex (art. 71 - 73)
enjoyment of civil rights (art. 1 - 9)
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
patrimony
property (assets) - liabilities
bad faith
purpose to cause harm to others
integrity of the person (art. 10)
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
care (art. 11 - 25)
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
respect of children’s rights (art- 32 - 34)
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
respect of reputation and privacy (art. 35 - 41)
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
article 36; the following may be considered invasions of privacy
- entering or taking anything from home
- intentionally intercepting or using his private communications
- appropriating or using his image or voice while he is in a private premise
- keeping his private life under observation by any means
- using his name, image, likeness or voice for a purpose other than the legitimate information of the public
- using his correspondance, manuscripts or other personal documents
- change of. name (art. 57 - 70)
every person, including minors aged fourteen years and older, can request a change of their family name for serious reason
- change of designation of sex (art. 71 - 73)
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
