DEFINITIONS + LEGISLATIONS Flashcards
What is the Canadian Charter of Rights and Freedoms ?
Enacted in 1982
Entrenched into constitutional law
Guarantees rights and freedoms to everyone in Canada
What is the Canadian Bill of Rights ?
- Enacted in 1960
- Provided legal rights ex: speech, religion, equality before the law
- Limited, did not have constitutional status
Laid groundwork for charter of rights
What is positive law?
Human made - what the government decides is right for their population
- There are no standards that these laws must conform to in order to be valid
- These laws were developed in a period of violence, fear, confusion, which affected the way people viewed the purpose and origin of the law
What is Natural Law ?
- Unchanging moral principles regarded as a basis for all human conduct.
- Based on the fact or notion that a God created the universe according to eternal and unchangeable laws
What are security certificates?
A legal tool in Canadian immigration law that allows the govt. To detain and deport non-citizens deemed to pose a threat to national security without revealing sensitive evidence used against them.
What is section 1 of the charter?
Reasonable limit clause
What is section 2 of the charter? (a,b,c,d)
a) freedom of religion
b) freedom of expression
c) freedom of assembly
d) freedom of association
What is section 3 of the charter?
Democratic rights
What is section 7 of the charter?
Life, liberty, and security of the person.
What is section 8 of the charter?
Search and seizure.
What is section 9 of the charter?
Arbitrary detention.
What is section 10 of the charter? (a,b,c)
a) right to be informed of reasons for arrest
b) right to counsel
c) habeas corpus (“to have your body” , to confirm whether your detention is lawful)
What is section 11 of the charter? (b, d)
b) To go to trial within a reasonable time
d) Presumption of innocence
What is section 12 of the charter>
Cruel and unusual punishments
What is section 15 of the charter?
Equality rights
What is section 24b of the charter?
Exclusion of evidence
What is section 33 of the charter?
Notwithstanding clause
Define Undue Hardship
The point beyond which employers are not expected to accommodate.
(Present in Thwaites v. Canada)
Define bona fide job qualification
A requirement that every individual performing a specific job must meet, because the requirement is essential to the effective & safe performance of the job.
What is the Criminologist School of Thought?
Humans act as morally independent beings, arriving at decisions by the way of rational thought.
This theory perceives crime as a rational calculated activity, it ignores factors beyond individual choice, poverty, or mental disorder.
What is the positivist school of thought?
Uses science over philosophy to study crime and its causes. This theory believes that biological factors undermine criminal activity and criminals require treatment over punishment.
What is the consensus theory in the sociological school of thought?
Assumes an understanding of right and wrong
What is the conflict theory in the sociological school of thought?
Morality is defined by social groupings, and their struggle for power. It argues that social cohesion or lack of identification with conventional values, encourage crime.
What is the social contract theory?
Argues that weak social bonds with family, friends, community and religion, can encourage criminal behaviour.
