Charter of Rights and Freedoms- Chapter 5 Flashcards
Discrimination
Making a distinction between people and treating them differently on a basis other than individual merit. Discrimination occurs when an individual is treated unfairly because he or she is a member of a certain group. Freedom from prohibited discrimination is a human right in Canada. The Canadian Charter of Human Rights prohibits discrimination onto the following grounds: race, colour, national or ethnic origin, religion, age, sex or gender (including pregnancy and childbearing), marital or family status, psychical or mental disability (including dependance of alcohol or drugs), pardoned criminal conviction, and sexual orientation.
Human Rights
The right to receive equal treatment, to be free from prohibited discrimination and harassment, and to have access to places, services, and opportunities.
Human Rights Codes
Legal Documents that protect people from prohibited discrimination. The Charter does not provide legal protection for citizens if they are discriminated by other individuals or private organizations, so remedies for such acts are found in provincial human rights codes.
Stereotyping
Having an oversimplified, standardized, or fixed judgment of a group of individuals. Discrimination is often based on stereotyping. Stereotyping often involves taking a characteristic of one member of a group (ex. social, ethnic, gender) and applying it to all members of the same group. When someone’s behaviour towards another is based on stereotypes, the result is discrimination.
Prejudice
A preconceived opinion based on a stereotype or inadequate information. Someone who is prejudiced judges an individual according to the group to which he or she belongs without taking into account individual qualities or abilities. Discrimination involves putting prejudice into action.
Complainant
The person making an allegation of discrimination. Those who feel they have been the victims of discrimination must follow the procedures established by their province’s human rights code. As the complainant, it is up to you to prove your case.
Prima Facie
Legally convincing unless disproved by contrary evidence. For a case to be considered prima facie, it must pass through the following: the complainant must have been qualified for the position, etc. they were attempting to obtain; the complainant was denied what they were seeking; something lacking the distinguishing characteristic was given what the complainant was seeking.
Gravamen
The most series part of an accusation. It is the third part of the prima facie test, which is that someone no better qualified than the complainant subsequently obtained what they wished, and this someone lacked the distinguishing characteristic that represents the “gravamen” (significant part) of the human rights complaint (ex. race, ethnicity).
Respondent
The person or organization that the complainant alleges committed the discrimination. If the complaint is valid and within jurisdiction of the provincial code, the Commission will serve the complaint upon the respondent, who will be asked to formally respond to the allegations or discrimination.
Mediation
Intervention between conflicting parties that promotes compromise or settlement of the dispute. If the complaint is not dismissed, the procedure will move onto the next step, where the Commission will ask the complainant and the respondent to enter into mediation. The parties are assisted by a mediation officer in an attempt to resolve the problems themselves. This is used before formal investigation.
Conciliation
Bringing conflicting parties to a resolution of their differences. If the parties do not agree to mediation or if no settlement is reached in mediation, the complaint is referred to investigation serves for a formal investigation by a human rights officer. This process involves gathering evidence relevant to the complainant, inspecting documents, records, and correspondence related to the case, examining facilities, and interviewing witnesses. After the investigation, the human rights officer writes a report to inform the parties of the results of the investigation. The officer may also try to resolve the complaint through conciliation, or bringing the parties to a resolution of their differences. If no resolution is reached, the case is referred to the commissioners.
Bona Fide Occupational Requirement
A qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance (ex. a transport company requires all employees to have a valid driver’s license).
Affirmative Action
Giving advantages to groups who have been discriminated against in the past. Affirmative action is allowed under human rights legislation. For example, where there are two equally qualified candidates applying for a job, priority will or may be given to the applicant who is a member of a historically disadvantaged group.
Constructive Discrimination
Employment policies that inadvertently exclude certain individuals through neutral employment requirements, resulting in discrimination. For example, in the past, police departments had a minimum height requirement that effectively excluded most women and many minority groups. This type of constructive discrimination has been struck down by the court.
Accomodate
To eliminate or adjust requirements or conditions to enable a per on to carry out the essential duties of an activity of job. The Supreme Court of Canada has ruled that an employer has a legal duty to accommodate an employe’s individual needs. This means that the employer must take reasonable measures to implement policies of working conditions to meet the special needs of an employee (ex. if an employee is unable to work on a certain day due to religious beliefs).
