Chapter 7 Definitions

Question 1

Defame

Answer 1

To attack a person’s reputation by making a false or malicious statement;
-To defame someone orally is called “slander”
-To defame someone in written form is called “libel”

Question 2

Reverse Onus Provision

Answer 2

A shift of responsibility in a criminal case such that the defence must prove aspects of the case rather than the Crown

Question 3

Proportionality Test

Answer 3

A test used to determine whether the limitation of rights under s.1 of the Charter is justifiable.

Question 4

Rational Connection

Answer 4

A part of the proportionality test to determine whether there is a reasoned connection between the limitation of rights and the objective of the law.

Question 5

Minimal Impairment

Answer 5

A part of the proportionality test to determine whether a law interferes with rights and freedoms as little as possible.

Question 6

Reading Down

Answer 6

In constitutional law, narrowing the interpretation given to legislation in order to prevent it from being unconstitutional (done by a judge)

Question 7

Reading In

Answer 7

In constitutional law, inserting a term that had not been present in the actual legislation in order to prevent the legislation from being declared unconstitutional (done by a judge).

Question 8

Injunction

Answer 8

A remedy granted by the court directing a party to continue or refrain from an action.

Question 9

Damages

Answer 9

Money awarded by the court as compensation for loss or injury; such compensations may be given for actual losses and/or future losses.

Question 10

Stay of Proceedings

Answer 10

A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused

Question 11

Collective Bargaining

Answer 11

The formal process of negotiating conditions of employment between organized employees and their employer; the contract produced through this this process is a collective agreement.

Question 12

Extradition

Answer 12

The legal surrender or delivery of a fugitive from one state, country or government to the jurisdiction of another to face trial

Question 13

Arbitrary

Answer 13

Without reason or judgement

Question 14

Habeas Corpus

Answer 14

A court document, called a “writ” used to determine whether an accused can be legally detained; a Charter right that protects against unlawful arrest and detention

Question 15

Incriminating

Answer 15

Tending to establish or infer guilt of the accused

Question 16

Perjury

Answer 16

In criminal law, a formal charge laid against an individual for making a false statement under oath