Chapter 6 (Book) - Definitions and The Evolution of Canadian Human Rights Law Flashcards
Civil Liberties Definition
Actions or rights exercised without government interference
Entrenched Definition
To codify rights so that they can be changed only by constitutional amendment, safeguarding them from political interference.
Defamation Definition
The act of making false statement that damage a person’s reputation; “slander” is the oral form of it, “libel” is the written form.
Validity Definition
Government action that is exercised properly
Redress Definition
A remedy for injury or loss (e.g. damages for pain and suffering)
Patriating Definition
To bring legislation under the legal authority of the nation to which it applies
Bona Fide Occupation Requirement Definition
-A provision that is deemed necessary in order to perform a job safely and efficiently
-In a discrimination complaint, it can be used to justify a particular job requirement that may otherwise be perceived as discriminatory
Accommodation Definition
The adaptation of an existing requirement or condition by an employer to enable an employee to carry out the essential aspects of a job.
Direct Discrimination Definition
A practice or behaviour that is overt and clearly discriminatory
Adverse-Effect Discrimination Definition
A requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect toward an individual or group.
Prima Facie Case Definition
From a Latin term meaning “first face or impression”, a case in which something is presumed to be true unless or until it is disproved by evidence.
Precedent Definition
A rule developed in one case and followed in subsequent similar cases
Undue Hardship Definition
In a discrimination case, the negative effect on a business, which the employer must prove, of accommodating the needs of a person by being too costly or producing health or safety risks.
Balance of Probabilities Definition
The standard of proof required in a civil action showing that it is more likely than not that something occurred.
Mediation Definition
A dispute resolution process whereby a neutral third party, called a “mediator” facilitates the settlement of an argument between two or more parties.
