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Grade 11 Law > Charter of Rights and Human Rights > Flashcards

Charter of Rights and Human Rights Flashcards

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1
Q

When was the Canadian Bill of Rights created?

A

1960

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2
Q

What is the CCRF?

A

The Canadian Charter of Rights and Freedoms

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3
Q

How did the Canadian Charter of Rights and Freedoms originate?

A

It originated from the Canadian Bill of Rights and Freedoms

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4
Q

What does the Canadian Bill of Rights and Freedoms guarantee?

A

It guarantees the same things that the Charter of Rights and Freedoms does

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5
Q

Was it subject to appeal or amendment?

A

It was an Act of Parliament so it was subject to re appeal or amendment as the will of the majority of Parliament

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6
Q

What section is the Notwithstanding Clause?

A

Section 33

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7
Q

Can federal and provincial legislation use the Notwithstanding Clause?

A

Yes they can, although the Federal government has never used this Clause before the provincial government has used it a few times.

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8
Q

What does Section 33 allow the government to do?

A

~They can opt out of the Charter

~allows provincial or federal legislation to include any law even if it contradicts the Charter

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9
Q

What is the S.C.C?

A

Supreme Court of Canada

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10
Q

What is the classification of S.C.C.?

A

It is the highest court in our legal system

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11
Q

How many Judges are in the Supreme Court?

A

There are 9 judges.

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12
Q

What is Docorum?

A

Docorum is a minimum of 5 judges who have to hear each trial

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13
Q

Why do at least 5 judges need to hear every case?

A

Five judges need to hear every case because it is not an even number so it avoids ties.

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14
Q

Do the judges decisions need to be unanimous?

A

No, its the majority that wins.

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15
Q

Who is the Chief of Justice?

A

Beverly MacLaughlin

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16
Q

Who pays the S.C.C. Judges?

A

The government

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17
Q

Are the judges on the S.C.C. controlled by the government?

A

No, they are completely independent of the executive and legislative branch of our federal government.

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18
Q

Can the Supreme Court declare a law unconstitutional?

A

Yes they can if it infringes on the rights of an individual. Since the charter came into effect some people think that the S.C.C. has too much power because of this

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19
Q

When was the S.C.C. established and where?

A

It was established in 1949 in Great Britain. Before that appeals were heard by the British Privy Council in Britain.

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20
Q

What is undue hardship?

A

The result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that out weighs the benefit of accommodating someone.

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21
Q

What is Intra Vires?

A

Latin for “within the power”, which means the power a government has to pass laws within its own jurisdiction

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22
Q

What is Ultra Vires?

A

Latin for “beyond the power”, which refers to areas that are beyond the power or jurisdiction of a government.

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23
Q

What Section is the Reasonable Limits Clause in?

A

Section 1

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24
Q

What is the Reasonable Limits Clause?

A

Section 1 of the Charter guarantees our rights and freedoms while, at the same time, making it clear that these rights and freedoms are not absolute but are subject to “reasonable limits”. If a province wishes to pass a law that limits a Charter right, it must show that this limitation can be justified in a free and democratic society.

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25
Q

What is a complainant?

A

The person making an allegation of discrimination.

26
Q

What is a respondent?

A

It is the party that responds to an appeal; also, the person or organization being sued in a legal action, such as a divorce or complaint of discrimination.

27
Q

What is the Ontario Human Rights Commission (OHRC)?

A

It is a body of at least 7 people appointed by the provincial Cabinet. It administers the Code

28
Q

What does the OHRC include?

A

It includes a Race Relations Divisions-deals specifically with matters concerning discrimination based upon race, ancestry, place of origin, colour, ethic origin, or creed.

29
Q

What is the job of the OHRC?

A

It’s role is to promote dignity and equality, to educate, to make policy recommendations to government, to investigate and settle (when possible) disputes, and to enforce terms of the Code

30
Q

How can the complaints be initiated?

A

It can be initiated by the person who feels their rights have been violated or by the commission itself. If the commission feels the complaint is genuine they will start a formal investigation (attempts to settle). Then a Board of Inquiry will hold a hearing to determine if any rights have been violated. If so, what action should be taken.

31
Q

Can lawyers participate, cross examine, examine witnesses, etc?

A

Yes they can

32
Q

If there is a finding that there has been a violation the Board may make one or more orders. What can this include?

A

~directing a party to do whatever is required to comply with the code
~Directing financial restitution, compensation, or damages
~Directing that measures be taken to increase access to facilities for people with disabilities
~Directing that a party cease and desist (stop) violating someone’s rights

33
Q

What happens in the Ontario Court of Justice?

A

Orders of the Commission can be registered in the Ontario Court of Justice and enforced in the same way-if the person fails to obey the order they can be prosecuted and fined under the Provincial Offences Act. Appeals can be made to the Ontario Court of Justice.

34
Q

What are the three sources of appeal?

A
  1. A party who wishes to appeal the decision of another court
  2. “as of right” appeal
  3. References from the federal government
35
Q

Explain: A party who wishes to appeal the decision of another court.

A

usually a provincial or territorial court of appeal or Federal court of appeal. must obtain
permission from a panel of three judges of the court.

36
Q

Explain: “as of right” appeal

A

As of right appeals, for which leave to appeal is not required.

37
Q

Explain: References from the federal government

A

requires court to give an opinion on the questions referred to it by the Governor in council.

38
Q

Prior to 1982, why did Aboriginals want “to have their rights addressed in the Constitution”?

A

They wanted to have their rights addressed in the Constitution because they were worried that without constitutional protection, their aboriginal and treaty rights would continue to be modified or extinguished.

39
Q

What does Section 25 of the Constitution Act do for aboriginals?

A

It recognizes and confirms existing Aboriginal and treaty rights. It also identifies who is considered an Aboriginal person, confirms that treaty rights include those in existing and future treaties and guarantees these rights equally to male and female persons. These provisions exist outside the Charter, which means they are NOT subject to section 1 of the Charter. Also section 25 of the charter provides that Charter Rights cannot infringe on the rights pertaining to Aboriginal peoples.

40
Q

What was the effect of the government making “unrecorded promises”?

A

the Supreme Court of Canada enunciated various legal principles regarding the interpretation of treaties. It also established legal tests to determine the existence of treaty and Aboriginal rights to justify limits on those rights.

41
Q

What is harassment?

A

Persistent annoying or negative behaviour that violates the human rights of the victim

42
Q

What is discrimination?

A

Making a distinction between people and treating them differently on a basis other than individual merits.

43
Q

What is Bona Fide Occupational Requirement?

A

A qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance.

44
Q

What are the Fundamental Freedoms in section 2?

A

1) everyone has the freedom of conscience and religion
2) Freedom of thought, belief, opinion and expression, including freedom of the press
3) freedom of peaceful assembly
4) Freedom of association

45
Q

What is a poisoned environment?

A

an uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others

46
Q

What is meditation?

A

an ADR process in which a neutral third party works with the parties in a dispute to reach a compromise or settlement agreeable to both parties.

47
Q

What is constructive discrimination?

A

employment policies that inadvertently exclude certain individuals resulting in discrimination

48
Q

What is Direct discrimination?

A

an overt act of discrimination

49
Q

Areas covered by the Human Rights Code: Accomodations

A

Accommodations refers to the place people live or want to live, can be short-term (i.e. hotel) or long-term (i.e. apartments)

50
Q

What are the four areas covered by Human Rights Code?

A

1) Employment
2) Accommodation or Facilities
3) Meeting Special Needs
4) Goods and Services

51
Q

What is covered by employment?

A

~everyone has the right to equal treatment with respect to employment
~grounds for a complaint:
1) direct discrimination: openly refusing someone employment due to his/her race, gender, etc
2) not providing accommodations: employers must take employees needs into account (i.e. religious holidays, physical disabilities)
3) Harassment: racial, sexual, religious slurs/insults can be considered harassment if the actions are ongoing
4) Poisoned environment: when a person or group of people are continually subjected to actions or comments which create an uncomfortable atmosphere

52
Q

What is covered by accommodation and facilities?

A

~accommodation refers to the place people live or want to live, can be short-term or long-term
~facilities refers to areas or buildings designed for public use (i.e. parks, playgrounds, etc)

53
Q

What is covered by meeting special needs?

A

~human rights codes prohibit discrimination based on physical/ mental disabilities, and require employers to accommodate the needs of workers (including alcohol or drug addiction)

54
Q

What is covered by Goods and Services?

A

~goods applies to materials which can be purchased

~services are meeting a consumer’s needs which do not involve the purchase of a tangible good

55
Q

What is prima facie?

A

legally sufficient to establish a fact or case unless disproved by contrary evidence

56
Q

What are the types of remedies that the court can assign once someone has won their case about a complaint about their human rights being violated?

A
  • money compensation
  • money compensation for mental distress
  • letter of apology
  • get what would have been yours if you hadn’t been discriminated against (i.e. getting the job)
  • assign sensitivity training (in cases of management discriminating)
  • paid for time missed (if you’ve been fired wrongfully
57
Q

Explain the constitution act of 1982?

A

The constitution can be changed. This can happen in two ways:

1) through the interpretation of judges in various cases.
2) amending the formula outlined in the Act itself

There are five different amending formulas to suit five different situations. I.E. If the amendment will affect the whole nation, then the approval from the federal government and the 10 provinces would be required

58
Q

What is entrenched in the constitution?

A

The Canadian charter of rights and freedoms. Some people felt that by doing this then it would become law which is left to the interpretation of judges.

59
Q

What is section 15-equality rights?

A 
All Canadian citizens and "landed immigrants" are equal under the Charter and cannot be discriminated against based on:
-race 
-nationality 
-ethnicity 
-colour 
-sexual orientation 
-religion 
-sex 
-age 
Mental or physical disability
60
Q

What are section 3-democratic rights?

A

It states that every citizen has the right to vote in an election an run for office with restrictions such as age, mental capacity, residence, and registration. also, members of judiciary can not vote. But inmates can vote if they are serving a sentence under 2 years.

61
Q

What is section 6-mobility rights?

A

Canadians have the right to move in and out of the country and between the provinces. Also, accused persons can be sent to other countries to face trial because suppressing crime is of sufficient importance to warrant overriding the constitutionally protected right of citizens to remain in Canada. But they will not send people accused of capital offenses to a country where the death penalty is legal.

62
Q

What is section 7-legal rights?

A

It declared that everyone has the right to life, liberty, and security of the person and cannot be deprived of these rights except in accordance with the principles of fundamental justice.

Grade 11 Law (5 decks)

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