Chapter 4

Question 1

Was there ever discriminatory legislation?

Answer 1

Yes, before the human rights legislation

Question 2

What are some examples of discriminatory legislation?

Answer 2

Chinese head tax

Japanese Canadian internment camps

Question 3

What are three things that can be done to statutes?

Answer 3

They can be repealed, amended, or abolished

Question 4

Vriend vs Alberta

Answer 4

Professor at religious college was dismissed because of his sexuality, sued school, was not protected by statute in Alberta, supreme court ruled the statute needed to be rewritten to protect homosexuals

Question 5

Who does the BC Human Rights Code apply to?

Answer 5

individuals and businesses

Question 6

What is the first court of appeal for human rights cases in BC?

Answer 6

The BC Human Rights Tribunal

Question 7

Does every right have a limit?

Answer 7

Yes, court decides

Question 8

Sears LTD case

Answer 8

Missus Omalley fired after working at Sears 3 years, due to religion change, she won, Sears failed their duty to accommodate

Question 9

Bhinder v CN

Answer 9

They tried to accommodate, he refused, caused undue hardship, CN won

Question 10

What Federal Human Rights Legislation is there?

Answer 10

Canadian Human Rights Act

Canadian Bill of Rights

Question 11

What is included in the Canadian Bill of Rights?

Answer 11

The right to enjoy owned property

Question 12

R vs Oakes

Answer 12

Oakes had drugs, tried to prove he was innocent until proven guilty, not a reasonable limit of law R won

Question 13

Hill vs Curch of Scientology

Answer 13

Scientologist lawyer slandered Hill, tarnished his reputation, Church claimed freedom of expression, limit, church lost, awarded 1.6 million to Hill

Question 14

Section 33 is what?

Answer 14

a notwithstanding clause so parliament can implement temporary laws breaching the rights and freedoms

Question 15

Example of section 33

Answer 15

Quebec wanted business signs in Quebec to be french prominent, breeches freedom of expression
Public officials cannot wear religious symbols

Question 16

Sunset Clause

Answer 16

5 year expiry of law

Question 17

R v Big M Drug Mart

Answer 17

Wanted to be open Sundays, argued freedom of religion was breached, won

Question 18

London Drugs v Red Deer

Answer 18

All businesses must be closed one day of the week, no breech was found, London drugs lost

Question 19

Do inmates get to vote?

Answer 19

Yes! if under 2 years

Sauve v. Canada

Question 20

Basile v Attorney General of Nova Scotia

Answer 20

Wanna sell books, infringement of mobility rights, won

Question 21

Rodriguez v BC

Answer 21

Wanna die legally, SC said no

Question 22

Carter v Canada

Answer 22

Wanna die legally, SC said yes, ethics have changed

Question 23

M v. H.

Answer 23

No spousal support for women splitting from homosexual marriage, breech of rights, Ontario had 6 months to change their statutes

Question 24

Do schools need to teach two languages?

Answer 24

No

Question 25

What section enforces Rights?

Answer 25

Section 24, courts can remedy and infringement of rights and freedoms