charter of human rights and freedoms (non-discrimination)

Question 1

what does it mean that the Charter of Human Rights and Freedoms (qc) be quasi-constitutional?

Answer 1

it means that it is possible for the QC government to make a law that violate the charter but it is a fundamental law, meaning that in most cases, all other Québec laws must comply with the Charter.

Question 2

what is the scope of application of the CHRFqc?

Answer 2

it applies to the authority of the Quebec Government, under the legislative authority and to executives activities of the government law and it applies to laws affecting the private sectors in the province

Question 3

what is the section 9.1 limited to?

Answer 3

it limits the exercise of individual rights and freedom, meaning one has the responsibility to respect those of the person with whom she or he coexist

Question 4

to which constitution the Charter of Rights and Freedom (canada) is entrenched?

Answer 4

to the constitution of 1982, and it is subject to the amending formula

Question 5

what is the amending formula?

Answer 5

the federal government and seven provinces accounting for 50% of the population must approve a change in this Charter

Question 6

what is the scope of application of the Canadian rights and freedom charter?

Answer 6

it applies to the parliament and the government of canada, to the legislature and government of all provinces (government actors, government programs and legislation)

Question 7

what does the canadian rights and freedom charter protect?

Answer 7

it protects fundamental rights and freedom, the rights to not be discriminate by the government/government actions

Question 8

what is the limitation of section 1 of the Canadian rights and freedom charter?

Answer 8

this section is also known as the reasonable limit clause (the government can limit an individual’s charter rights like to prevent hate speech)

Question 9

what is the purpose of the Oakes test?

Answer 9

it is to determine when a Charter violation is found if there is a justified and reasonable reason to limit a person’s Charter rights

Question 10

what is the first step process of the Oakes test?

Answer 10

1. there must be a PRESSING and SUBSTANTIAL OBJECTIVE for the law or government action, meaning that the purpose of the law must be important for society

Question 11

what is the second step of the Oakes test?

Answer 11

2. the means chosen to achieve the objective must be PROPORTIONAL to the burden on rights of the claimant meaning that the limitation must be rationally connected to the objective of the law, there must be minimal impairments (the restrictions must be small, not be out of balance) and it must have proportional effect (the benefits of the law need to be greater than the negative effects produced by a limitation on a right)

Question 12

what are the differences between the qc and the Canadian charter?

Answer 12

Canadian applies to both federal and provinces, the Quebec charter applies also to private individuals and the Quebec charter is quasi-constitutional, not need for the Oakes test

Question 13

what is the Meiorin test?

Answer 13

it is a test to determine if the employer has established a standard that is a bona fide occupational requirement

Question 14

what are the Meiorin steps?

Answer 14

1. the employer must demonstrate the standard was adopted for a purpose rationally connected to the performance of the job 2. must show that he honestly believe the standard is necessary to fulfill the work (must show the standard requirement is objective) 3. must show that the employer cannot accommodate without undue hardship

Question 15

what is undue hardship?

Answer 15

financial cost must be so great as to alter the essential nature of the enterprises (it cost too much to accommodate) and accommodate would present health and safety concerns

Question 16

how to satisfied the undue hardship test?

Answer 16

if the characteristics of an illness are such that the proper operation of the business is hampered excessively and if an employee remain unable to work even though the employer tried to accommodate her/him

Question 17

what is the duty to accommodate?

Answer 17

it is to ensure that an employee who is able to work can do so, the employer must arrange the employee’s workplace or duties to enable the employee to do his or her work

Question 18

what is the link between the duty to accommodate and the Canadian human rights act?

Answer 18

the link is that is requires employer to identify and eliminate rules that have discriminatory impacts and it applies to all ground of the Canadian Human Rights Act