Definitions Flashcards
(13 cards)
Sparrow v Johnson (1899)
A black man a woman were refused seats in the orchestra section of the theatre. When they sued, it was on terms of fraud due to the couple already buying the tickets and the charter not existing yet. The tickets stand as a sort of contract and the theatre breached said contract.
Christie v York Corp (1940)
The legal issue in Fred Christie’s case was whether York Corporations, as a private business, had the right to refuse service based on race. Initially, Christie won the case and was awarded $25 because the judge ruled that refusing service violated sections 19 and 33 of the Quebec License Act. However, the Quebec Court of Appeal overturned the decision, stating that the act did not apply and businesses had the right to choose their customers. Christie then took the case to the Supreme Court.
Discrimination
the act of treating individuals or groups differently, not based on relevant differences
Equality Before the Law
Equality before the law is to be determined by comparing an individual to the rest of society, and not with a certain class of persons.
Equality Under the Law
Concerned with equal treatment and the content of the law.
It grants people equal treatment within a similarly situated test in the administration of the law.
Parliamentary Supremacy
The Parliament and the legislature of the province have the power to make and unmake any law and that no group or person can change or ignore these laws.
Only the people of Canada through the persons they elect can make or change laws. This also means parliament and the legislatures must obey their own laws.
The Rule of Law
The doctrine of the rule of law is one of the most important parts of the unwritten constitution.
The rule of law creates justice. There are 3 basic principles in the rule of law:
1. Your ability to defend yourself in court.
2. We can expect the person making the decision, the judge or government official, is free to make what he or she feels is the right decision.
3. That we can expect the decision to be fair, reasonable and rational.
Responsible Government
The doctrine of responsible government means: the people we elect to make laws, and govern us, are responsible for us. If we are not satisfied with laws they pass, then we as members of society can vote for someone else we think will do a better job.
Similarly Situated Test
Applies to the right of those who are similarly situated to be treated in a similar way.
Reductionist Theory
A person is free to do what is not positively prohibited by law. This was legal from 1967-1982.
Proportionality Test
The amount of what they are trying to take away, has to be equal to the objective.
Constitution
Document that outlines the rights and responsibilities of the government.
Desired Social Objective
Safety comes first
