Human Rights Flashcards
Sovereignty-association:
The concept put forth by the Parti Quebecois government of Rene Levesque, whereby Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada
Entrenchment:
Protecting a portion of a constitution by ensuring that it can be changed only through constitutional amendment
Power of Disallowance:
A power granted to the federal government by s.90 of the Constitution Act, 1867 that gave it the right to disallow provincial legislation (declare it void) within one year of its passage; a type of veto power that has not been used since World War II and that is generally considered to be no longer valid
Reasonable Limits:
Restrictions on rights and freedoms that are imposed if the merits of the limits are determined to advance society’s interests
Notwithstanding Clause:
A clause in the Charter that may be invoked by parliament or provincial legislatures to override basic Charter provisions
Strike Down:
To rule that a piece of legislation in inconsistent with the Charter and is no longer valid
Judicial Activism:
The perception that judges, rather than Parliament, are making laws and imposing their personal values in their judgements
Read Down:
To rule that, while a piece of legislation may generally be consistent with the Charter, it is inconsistent in the particular case at hand
Discrimination:
Treating a person differently or adversely for no valid reason
Stereotyping:
Judging one person of a group and applying that judgement to all group members
Prejudice:
An opinion or judgement, especially an unfavourable one, based on irrelevant considerations or inadequate knowledge
Human Rights:
The rights of an individual that are considered basic to life in any human society, including the right to religious freedom and equality of opportunity; when such rights require protection, intervention by the state is necessary
Internment:
Confinement, such as in wartime, when a country forces people considered enemies to live in a special area or camp
Balance of Probabilities:
The basis of greater likelihood; the degree of proof in civil law, in comparison with proof beyond a reasonable doubt in criminal law
bona fire: (Latin)
“In good faith”; legitimate, genuine
Undue Hardship:
The result of a change that would affect the economic viability of an employer or produce a substantial health or safety risk that outweighs the benefit of accommodating someone
Ombudsman:
An official appointment to receive and investigate citizens’ grievances against the government
Francophone:
In a bilingual country, a person whose principal language is French
Anglophone:
In a bilingual country, a person whose principal language is English
Separatism:
The desire to establish a politically independent Quebec and to withdraw from Confederation
Sovereignty-association:
The concept put forth by the Parti Quebecois government of Rene Levesque, whereby Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada
Federalism:
Canada’s form of political organization in which the federal government governs the country as a whole, while the provinces and territories have specific, limited powers
Aboriginal Rights:
Rights that some Aboriginal peoples of Canada hold as a result of their ancestors’ longstanding use of the land. Aboriginal rights vary from group to group depending on the customs, practices, and traditions that have formed part of these distinct cultures
Collective Rights:
Rights acquired as a result of membership in a group; all members of the group share the same rights
Treaty:
A formal agreement between two auto
Amending Formula:
A method for making changes to a constitution; in Canada’s case, a method that would no longer involve the British parliament
Culture Genocide:
Deliberate and systematic destruction of the culture, traditions, language, and customs of a specific cultural group
Land Claims:
Formal demands made by Aboriginal peoples for ownership and control of lands on which they live or have traditionally lived
Specific Land Claims:
Claims that deal with specific grievances that Aboriginal peoples may have regarding the fulfillment of treaties and administration of lands and assets under the Indian Act
Comprehensive Land Claims:
Claims based on the recognition that there are continuing Aboriginal rights to lands and natural resources; these claims occur where Aboriginal title has not been previously dealt with by treaty or other means
Affirmative Action:
A policy designed to increase the representation of groups that have suffered discrimination
