Definitions Flashcards
Reductionist Theory
A person is free to do what is not positively prohibited by law. Therefore, civil liberties do not come from positive law or government action, but from an absence of positive law or government action.
Equality Under the Law
under the law - ex) separated based on age in court, tried differently, fair proceeding under the law
Equality Before the Law
no discrimination/ predjudice and stuff people are treated equally, same proceedures, ex) arrest procedure, reading rights, ect
Parliamentary Supremacy
Parliament or the legislature of the province can make/ unmake any laws and that no person or group has the right to change or ignore these laws. (only through elections they can).
this also means parliament or the legislature have to obey their own laws
Responsible Government
the people we elect to make laws and govern us are responsible to us for what they do in parliament and the legislatures of the provinces
The Rule of Law
- our right to defend ourselves in court, 2. that we can expect the person making the decision (judge of gov official) is free to make what he or she believes is the right decision, 3. we can expect the decision will be fair reasonable and rational.
Ontario Human Rights Commission
An administrative body of at least 7 persons that enforce the Ontario Human Rights Code.
The role of the commission is to promote human dignity and equality, make policy and recommendations to the government, and investigate and settle disputes over rights and enforce the terms of the code.
Human Rights in Canada (the charter)
In 1982 Canada got its constitution and within the constitution is Canada’s charter of rights and freedoms. Because it is part of the constitution it takes precedence over both federal and provincial laws
3 ways rights and freedoms are bestowed
Charter of rights and freedoms
Judge made law (precedent)
Statutory rights
