Law Flashcards
1
Q
What is the role of social service workers in relation to inmates?
A
Social service workers may work with inmates and former inmates in a variety of settings and circumstances.
2
Q
Where do offenders sentenced to two years or more serve their time?
A
In penitentiaries.
3
Q
Where do offenders sentenced to less than two years serve their time?
A
In provincial or territorial prisons.
4
Q
What act describes the rights of Ontario inmates?
A
Ministry of Correctional Services Act (MCSA).
5
Q
Which act outlines the rights of inmates in federal penitentiaries?
A
Corrections and Conditional Release Act (CCRA).
6
Q
What are the rights of inmates regarding custody and control?
A
The right to be kept with the lowest level of restrictions on freedom consistent with the protection of society.
7
Q
List three rights of inmates under the CCRA.
A
- Right to medical care for physical or mental illness
- Right to participate in programming designed for rehabilitation
- Right to appeal important administrative decisions
8
Q
What percentage of the Canadian population do Indigenous peoples represent?
A
3.8 percent.
9
Q
What percentage of the total inmate population do Indigenous peoples account for?
A
23.2 percent.
10
Q
How much has the incarcerated Indigenous population increased from 2001-2 to 2011-12?
A
37.3 percent.
11
Q
What is the percentage of Indigenous women in the total federal inmate population?
A
33 percent.
12
Q
What does the Federal Corrections System aim to maintain according to the CCRA?
A
A just, peaceful and safe society.
13
Q
What are the three rights included in the Canadian Victims Bill of Rights (CVBR)?
A
- Right to information, protection, and participation
- Right to seek restitution
- Right to make a complaint to a federal department or agency
14
Q
What happens if an inmate is found guilty of a disciplinary offence?
A
They may receive sanctions, including a warning, loss of privileges, or extra duties.
15
Q
Fill in the blank: Inmates may be placed in _______ if they are considered dangerous to others.
A
Administrative Segregation.
16
Q
What are the two types of conditional release?
A
- Statutory release
- Parole
17
Q
What is the eligibility requirement for statutory release?
A
Completion of two-thirds of an offender’s sentence.
18
Q
What is the purpose of parole conditions?
A
To ease the parolee back into society.
19
Q
What type of detention facilities operate at the provincial level?
A
- Correction centres
- Jails and detention centres
- Youth custody facilities
20
Q
What is a conditional sentence of imprisonment?
A
A sentence served in the community, such as house arrest.
21
Q
What functions does the John Howard Society perform?
A
- Works with people who have come into conflict with the law
- Advocates for changes in the criminal justice process
- Engages in public education on criminal law
22
Q
What is one program provided by the Elizabeth Fry Society?
A
Healthy Choices (communication and relationship management program).
23
Q
What is the goal of the St. Leonard’s Society?
A
To prevent recidivism by providing educational programs and supportive services.
24
Q
What are the two main statutes that govern the treatment of young offenders in Canada?
A
Criminal Code and Youth Criminal Justice Act (YCJA)
25
At what age can a person be convicted of an offence under the Criminal Code?
12 years old
26
What is the primary purpose of the Youth Criminal Justice Act (YCJA)?
To provide a separate criminal justice system for youth that emphasizes rehabilitation and reintegration
27
What was the Juvenile Delinquents Act (JDA) based on?
Parens patriae – the government assumed control of delinquents due to presumed lack of parenting ability
28
What are the general principles of youth legislation?
* Prevention of crime and protection of the public
* Holding young persons accountable
* Emphasizing rehabilitation and reintegration
* Culturally sensitive responses
* Special protections for youth
29
What are some rights of youth in conflict with the law that social service workers should explain?
* Legal representation
* Notice to parents
* Pre-trial detention
* Medical and psychological assessments
* Records
30
What are extrajudicial measures as defined by the YCJA?
* Issuing a warning or caution
* Referring to a community program
* Referring to a sanctions program
31
What is the age range for a young person to be tried in youth court according to the YCJA?
From 12 years to 18 years old
32
What does section 38(1) of the YCJA state about the purpose of sentencing?
To hold a young person accountable through just sanctions that promote rehabilitation and reintegration
33
What options are available for sentencing youth under the YCJA?
* Reprimand
* Absolute discharge
* Conditional discharge
* Fines
* Restitution
* Community service
* Probation
* Custody and community supervision
* Intensive rehabilitative custody and supervision
34
What happens to youth records after the access period ends?
They are sealed and/or destroyed
35
What new laws were introduced on June 21, 2019, regarding youth who breach conditions?
Police have more discretion to use extrajudicial measures for breaches of administration of justice conditions
36
True or False: The YCJA allows for the publication of identifying information about young offenders.
False
37
What percentage of all arrests for violent crimes do youth younger than 18 account for in Canada?
7%
38
What was the trend in youth crime rates in Canada from 1991 to 2021?
Youth crime rates have been on a long downward trend
39
Fill in the blank: The YCJA prohibits the publication of _______ about young offenders.
identifying information
40
What are the most common criminal offences committed by youth in 2021?
* Level 1 assault
* Mischief
* Administration of justice violations
41
What is the role of a youth worker (SSW) as per the YCJA?
To support youth in the criminal justice system
42
What is the definition of legal capacity?
The right and ability of a person to exercise legal rights
43
What does criminal responsibility imply regarding legal consequences?
Not all people who commit criminal acts should bear the full legal consequences
44
What is the significance of sections 29(1) and 35 of the YCJA?
They hint at the interplay between the child protection system and youth criminal justice system
45
What rights do youth have regarding visits while in custody?
The right to receive regular visits from family members and legal representatives
46
What are the key components of a plan of care for youth in custody?
* Developed within 30 days of custody
* Youth participates in its development
47
What does the term 'intensive rehabilitative custody and supervision' refer to?
A sentencing option combining custody with rehabilitation services
48
49
What does Alternative Dispute Resolution (ADR) describe?
A range of recognized strategies designed to help resolve disputes without the traditional court system.
50
What is a common element in ADR?
Involvement of a neutral third party.
51
What is binding arbitration?
A process similar to court where the decision-maker imposes a decision on the parties.
52
What are the goals of ADR?
Support parties in conflict to fashion their own solutions and avoid litigation expenses.
53
Name one Ontario statute that recognizes ADR.
* Children’s Law Reform Act, RSO 1990, c C.12
* Condominium Act, 1998, SO 1998, c 19
* Insurance Act, RSO 1990, c I.8
* International Commercial Arbitration Act, 2017, SO 2017, c 2, Schedule 5
* Labour Relations Act, 1995, SO 1995, c 1, Schedule A
* Personal Health Information Protection Act, 2004, SO 2004, c 3, Schedule A
* Police Services Act, RSO 1990, c P.15
* Professional Engineers Act, RSO 1990, c P.28
* Residential Tenancies Act, 2006, SO 2006, c 17
* Workplace Safety and Insurance Act, 1997, SO 1997, c 16, Schedule A
54
What are the three keys to successful negotiation?
* The client must trust the negotiator.
* The client must provide specific instructions about desired results and concessions.
* The negotiator must work within the client’s instructions.
55
What role does the mediator play in mediation?
Facilitates discussion, encourages disclosure, and keeps talks productive without making decisions.
56
What is created at the end of the mediation process?
A written settlement agreement that binds the parties.
57
What is the first stage of mediation?
Opening Statements.
58
What is the focus during the Joint Discussion stage of mediation?
Building dialogue through open-ended questions about the issues.
59
In the Private Discussions stage, what should the mediator do?
Summarize strengths and weaknesses of each side’s position.
60
What is the goal of the Negotiation stage in mediation?
To present all ideas and agree on those that might work.
61
What happens in the Settlement stage if an agreement is reached?
Get everything in writing and ensure it is signed by both parties.
62
What is Mandatory Mediation?
63
What are the four alternative ways of resolving disputes?
* Negotiation
* Mediation
* Arbitration
* Litigation
64
What is the participation nature of negotiation?
Voluntary.
65
What is the control of process in arbitration?
Arbitrator controls the process.
66
What is a key reason why ADR may not be appropriate?
At least one party is motivated to pursue litigation rather than settle.
67
What is restorative justice?
An approach to wrongdoing and conflict that seeks to repair relationships and restore community harmony.
68
Name one of the five key elements related to transformation in restorative justice.
* Community
* Capacity
* Connection
* Voice
* Sacredness
69
What are the nine interconnected elements upon which Restorative Practice is based?
70
What is the primary legislation that defines a wide range of offences in Canada?
Criminal Code of Canada
## Footnote
It sets the rules of procedure and establishes penalties for specific offences.
71
What is the jurisdiction of the federal government regarding criminal law?
Creation of criminal law
72
What is the jurisdiction of provinces and territories in relation to criminal law?
Administration and enforcement
73
What does 'actus reus' refer to in criminal law?
Physical act or omission involved in committing the offence
74
What does 'mens rea' signify in the context of criminal offences?
State of mind attributed to the accused that establishes their fault
75
True or False: The accused is required to present a defence in criminal proceedings.
False
76
What must the prosecution prove in a criminal case?
Every element of the charge beyond a reasonable doubt
77
What is a 'Stay of Proceeding'?
A ruling that stops further prosecution of the case
78
What does Section 8 of the Charter guarantee?
Right to be secure against unreasonable search or seizure
79
What does Section 9 of the Charter protect?
Right not to be arbitrarily detained or imprisoned
80
What is the difference between an 'information' and an 'indictment'?
'Information' is for provincial/territorial court; 'Indictment' is for superior court
81
Fill in the blank: Summary conviction offences are generally _______ offences and carry _______ penalties.
less serious; light
82
What type of offences may be tried as both summary conviction and indictable?
Hybrid/dual offences
83
What is the role of the prosecutor in a criminal case?
The government (the Crown)
84
What is a plea bargain?
Negotiation to plead guilty to a lesser charge
85
List the steps of a criminal trial.
* Jury selection
* Pre-trial motions
* Charges read
* Prosecution opening statement
* Defence opening statement
* Prosecution presents evidence
* Defence presents evidence
* Prosecution closing arguments
* Defence closing arguments
* Judge instructs jury
* Jury deliberates and delivers verdict
* Sentencing if guilty
86
What does precedent help to ensure in sentencing?
Consistency and fairness in sentences
87
What are the most common sentences imposed in criminal cases?
* Imprisonment
* Conditional sentence
* Suspended sentence
* Fine
* Discharge
88
In which type of institution are sentences of less than two years served?
Provincial/territorial institutions
89
What is the Canadian Victims Bill of Rights (CVBR)?
A law that includes rights for victims in the criminal justice system
90
What is the most common civil remedy pursued in civil actions?
Damages
91
What is the standard of proof in civil trials?
Balance of probabilities
92
What do safe injection sites provide?
* Clean needles
* Sterile water
* Alcohol wipes
93
True or False: A restraining order carries the same penalties as a peace bond.
False
94
What is the definition of civil procedure?
The rules and legal traditions that govern the conduct of civil trials
95
What must judges consider when sentencing Indigenous offenders according to Section 718.2(e) of the Criminal Code?
All available sanctions, other than imprisonment, that are reasonable in the circumstances
96
What is the primary last-resort income relief program in Ontario?
Ontario Works
## Footnote
Managed by the Ministry of Community and Social Services (MCSS)
97
What are the main purposes of the Ontario Works program as outlined in the Ontario Works Act, 1997?
* Recognize individual responsibility and promote self-reliance through employment
* Provide temporary financial assistance to those most in need
* Serve people needing assistance to be accountable to taxpayers
98
What types of benefits does Ontario Works provide?
Very modest subsistence-level benefits
## Footnote
Designed for residents who lack adequate means of support
99
What must applicants prove to qualify for Ontario Works benefits?
That they do not have the means to provide for their basic needs
## Footnote
This includes proving lack of other sources of income
100
What types of assistance are available through Ontario Works for job readiness?
* Resumé and cover letter development
* Interview skills coaching
* Referrals to basic education and job retraining programs
101
What is the LEAP program?
Learning, Earning, and Parenting program for young parents aged 16 to 25
## Footnote
Supports those attending or wishing to return to high school
102
What is the eligibility requirement for the Ontario Disability Support Program (ODSP)?
Applicant must be an Ontario resident and at least 18 years of age
103
What does ODSP provide to individuals?
Income assistance to adult residents unable to earn enough income due to long-term health problems or disabilities
104
What are the three types of benefits provided by the Canada Pension Plan (CPP)?
* Retirement benefits
* Survivor benefits
* Disability benefits
105
What is the basic qualification for Old Age Security (OAS)?
Residence in Canada for at least ten years between the ages of 18 and 65
106
What is the purpose of the Guaranteed Income Supplement (GIS)?
To assure a minimum standard of living for low-income seniors
107
True or False: A person must have contributed to the Old Age Security system to receive benefits.
False
## Footnote
OAS does not require contributions for benefit eligibility
108
What is the maximum monthly shelter allowance for a single person under Ontario Works?
$390
109
Fill in the blank: The Ontario Works program provides financial assistance based on _______.
[needs- and means-testing]
110
What types of clients might social service workers encounter in financial need?
* Recently disabled individuals
* Individuals in shelters for abused women and children
* Individuals facing financial crises
* Older adults in nursing homes
111
What is the maximum annual Canada Child Benefit payment for each eligible child under the age of 6?
$6,833 per year ($569.41 per month)
112
What is the purpose of the Allowance in relation to low-income individuals aged 60 to 64?
To provide income to those with a spouse or partner eligible for OAS/GIS
113
What is the role of municipalities concerning income assistance programs?
Provide administrative support for certain programs
114
What types of income sources does ODSP assess for eligibility?
* Employment income
* Business income
* Compensation settlements
115
What is the maximum monthly allowance for a recipient and spouse with no children under Ontario Works?
$1,136
116
What is the purpose of the Employment Placement program under Ontario Works?
To identify employers willing to hire employees who require retraining
117
What is the maximum monthly allowance for a family of two children under the age of 18 on Ontario Works?
$1,309
118
What are the primary Ontario statutes that govern education?
Education Act, Education Quality and Accountability Office Act, Immunization of School Pupils Act, Health Protection and Promotion Act
## Footnote
These statutes outline the legal framework and requirements for education and health in schools.
119
What does the Education Act establish regarding school attendance?
Children must attend school at age six and continue until age 18 or an approved learning program
## Footnote
Students who turn 18 after the school year starts can leave before the year begins.
120
What is the home-schooling exemption under the Education Act?
Children receiving satisfactory instruction at home or elsewhere are exempt from attending school
## Footnote
This is specified in section 21(2)(a) of the Education Act.
121
What significant changes did Bill 212 introduce to school discipline?
Some suspensions are no longer mandatory, teachers cannot suspend students, and principals cannot expel students unilaterally
## Footnote
The act focuses on a range of consequences for unacceptable behavior.
122
List activities that must lead to suspension according to the Education Act.
Activities include:
* Uttering threats of serious bodily harm
* Possessing a weapon
* Using a weapon to cause harm
* Committing sexual assault
* Bullying
* Trafficking in drugs or weapons
* Physical assault requiring medical treatment
* Vandalism causing extensive damage
* Giving alcohol to a minor
## Footnote
These activities are considered serious and require immediate action by school authorities.
123
What is cyberbullying as defined by the Accepting Schools Act, 2012?
Bullying by electronic means, including impersonation and electronic communication to multiple individuals
## Footnote
Schools are required to implement bullying prevention programs and strategies.
124
What is the role of the IPRC in special education?
Identification, Placement, and Review Committee identifies exceptional pupils and determines their placement
## Footnote
This process is critical for developing appropriate educational plans.
125
What must be included in an Individual Education Plan (IEP)?
An IEP must include:
* Description of strengths and needs
* Specific educational expectations
* Outline of special education programs and services
* Methods for reviewing progress
* Transition plan for educational transitions
## Footnote
The IEP is developed in consultation with parents or the student if they are 16 or older.
126
What is the purpose of the Education Quality and Accountability Office (EQAO)?
To assess levels of literacy and competence in mathematics for students in grades 3, 6, 9, and 10
## Footnote
EQAO testing is promoted for government accountability, though some parents question its effectiveness.
127
True or False: The Education Act allows for truancy penalties for students aged 12 to 15 who miss school regularly.
True
## Footnote
Penalties can include fines or probation orders.
128
What does the Ontario Autism Program (OAP) provide for families?
Foundational family services for eligible families, even if on a waitlist or receiving a one-time reimbursement
## Footnote
This initiative was announced in September 2020 to support families in Ontario.
129
What is the difference between legal information and legal advice?
Legal information provides general knowledge about laws, while legal advice involves specific recommendations tailored to a client's situation.
## Footnote
Legal advice includes actions like recommending clients leave home or change locks, while legal information may include providing local legal aid contacts.
130
What does divorce law address?
The 'status' issue of whether parties can consider themselves single again and remarry if they wish.
131
What is the purpose of family property law?
To determine the appropriate division of assets and real property brought into and accumulated during the union.
132
What does family support law ensure?
That economically dependent family members receive economic help from those who supported them during the union.
133
What is a parenting order?
A legal arrangement ensuring the day-to-day care of children and the ongoing relationships with parents reflect the children's best interests.
134
How are family law issues resolved?
Through courts and mediation, where a neutral professional helps parties reach an agreement.
135
What governs the dissolution of formal marriages in Canada?
The federal Divorce Act.
136
What is the only ground for divorce in Canada?
Marriage breakdown.
137
What are the three ways to prove marriage breakdown?
* One year’s separation
* Adultery
* Cruelty
138
What is the nature of divorce granted in Canada?
Divorce is granted on a 'no-fault' basis.
139
What significant legal change occurred in July 2005 regarding marriage?
Same-sex couples were allowed to marry anywhere in Canada.
140
What does the Family Law Act in Ontario establish?
Rules for the calculation and division of family property.
141
What is an equalization payment?
One-half of the difference between the net family property of each spouse.
142
What is the matrimonial home?
Property that spouses ordinarily occupied as their family residence at the time of separation.
143
What terminology replaced 'custody' and 'access' in the Divorce Act?
'Parental time' and 'parental decision-making.'
144
What does parental decision-making involve?
The authority to make decisions about education, medical treatment, and religious observance.
145
What is the best interest of the child standard?
A framework for determining parenting decisions based on various factors affecting the child.
146
What are some factors considered in the best interest of the child?
* The child’s needs
* The nature and strength of relationships with family
* Willingness of each spouse to support the child’s relationships
* History of care of the child
* The child’s views and preferences
147
What historical role does the Children’s Lawyer serve?
To provide legal representation for children in Ontario.
148
What can a court do if one party is withholding a child from the other party?
Make an order allowing the other party to 'locate and apprehend' the child.
149
What is the requirement for child support under the Divorce Act?
Parents must contribute to the support of a child of the marriage.
150
What age does the Divorce Act require child support until?
Until the child is 16 years old, or beyond if the child is incapable of supporting themselves.
151
What distinguishes spousal support from child support?
Spousal support is for economically dependent spouses, while child support is specifically for children's needs.
152
What are the three kinds of domestic contracts?
* Marriage contract
* Cohabitation agreement
* Separation agreement
153
What is a public adoption?
Involves children in extended society care and requires working with a children’s aid society.
154
What is a private adoption?
Handled by private agencies or individuals licensed by the government, with costs ranging from $15,000 to $25,000.
155
What is kinship adoption?
Adoption of a stepchild or relative, typically processed through the Ontario court.
156
What is a homestudy in the context of adoption?
An assessment of a family or individual considering adoption, covering motivation, personality, and parenting beliefs.
157
What commitments does the Act make regarding child protection?
Moving toward a child-centred practice, acknowledging the voice of young people, addressing systemic racism
## Footnote
Refers to First Nations, Inuit, and Metis children and young persons
158
What is the primary goal of the CYFSA?
Promote the best interests, protection, and well-being of children
159
What does the 'least disruptive' course of action consider?
The child's existing environment, including family unit, community, educational setting, and physical environment
160
What duty does the CYFSA impose on individuals regarding child abuse?
A duty of care to report child abuse and neglect
161
When did the Act respecting First Nations, Inuit and Metis children come into force?
January 1, 2020
162
What is the goal of the Act Respecting First Nations, Inuit & Metis Children, Youth & Families?
Keep Indigenous children and youth connected to their families, communities, and culture
163
What services should children receive according to the Act?
Services from organizations managed and operated by their own community, respecting its heritage and traditions
164
Under the CYFSA, what age group do children's aid societies provide protection for?
Children under the age of 16, and 16- and 17-year-olds in certain circumstances
165
What is a temporary care agreement?
An agreement where a parent places the child in care of a children’s aid society when unable to cope
166
What are some examples of voluntary services under the CYFSA?
* Parenting classes
* Programs for developmental problems
* Programs for disabilities
* Programs for behavioral problems
* Programs for addiction
* Programs for domestic abuse
* Programs for divorce
167
What triggers the duty to report under the CYFSA?
A reasonable belief that a child has suffered or is at risk of abuse or neglect
168
What are the steps to report suspected child abuse?
* Report without delay (within 24hrs)
* Report to a children’s aid society
* Explain reasons for suspicion
* Report directly, not relying on others
* Report new observations after the initial report
169
What can happen if a professional fails to report suspected child abuse?
They can be charged with an offence and fined up to $5,000
170
Who is part of the review team deciding if a child is in need of protection?
At least one legally qualified medical practitioner and others qualified for assessments
171
What options must be chosen within five days after bringing a child to a place of safety?
* Return the child to the parent(s) or guardian
* Bring the case before the court for a child protection hearing
* Have a temporary care agreement put in place
172
What factors are considered for the best interests of the child?
* Physical, mental, and emotional needs
* Level of development
* Cultural background
* Religious faith
* Existing family relationships
* Child's views and wishes
173
What is a Supervision Order?
Child stays in the home with support for 3-12 months
174
What can failure to provide protection and service to a child lead to?
Loss of designation as a child protection agency or potential civil lawsuits
175
What is required when preparing to be a witness in court?
* Review your file
* Bring the file
* Do not change anything
* Only speak to what you have documented
176
What is evidence in legal proceedings?
Anything that tends to support or disprove a conclusion
177
What is the Health Care Consent Act?
Legislation related to consent and capacity issues in Ontario.
178
What is implied consent?
Consent obtained through a person's actions or inactions.
179
What is express consent?
Consent obtained in writing or orally for a specific procedure.
180
What is an advance directive?
Directives regarding a person's wishes for care if they become incapable of consenting.
181
Who can be a substitute decision-maker?
A relative, appointed by a government tribunal, power of attorney, or guardian under SDA.
182
What factors can affect the health care needs of the elderly?
General health, disabilities, financial situation, housing, support network.
183
What is the goal of palliative care?
To reduce suffering and improve quality of life for those with life-limiting illness.
184
True or False: Mentally competent people in Canada can refuse treatment.
True.
185
What does euthanasia refer to?
A deliberate act to end the life of another to relieve suffering.
186
What was the outcome of R v Latimer?
Latimer was convicted of second-degree murder for asphyxiating his daughter.
187
What is the significance of Criminal Code section 241(b)?
It states that aiding or abetting suicide is an indictable offence.
188
What did the June 2016 law change about medical assistance in dying?
It created a framework for medical assistance in dying under certain conditions.
189
What are the eligibility criteria for medical assistance in dying (MAID)?
* Be at least 18 years old and mentally competent
* Have a grievous and irremediable medical condition
* Make a voluntary request for MAID
* Give informed consent
190
Fill in the blank: If a mental illness is the ______ medical condition leading you to consider MAID, you are not eligible to seek MAID.
only
191
What will happen after March 17, 2023, regarding MAID and mental illness?
Individuals with a mental illness as their sole condition will have access to MAID if they meet eligibility requirements.
192
What was the interim report released on June 22, 2022, about?
MAID and Mental Disorder as the Sole Underlying Condition.
193
What is the new eligibility date for MAID for persons with mental illness as their sole condition?
March 17, 2027.
194
What does the Charter guarantee regarding rights?
Prohibits governments from making laws or authorizing actions that infringe on those rights.
195
What does human rights legislation protect against?
Infringement of specified rights through the actions of other persons, including individuals, corporations, and government administrators.
196
List the prohibited grounds of discrimination according to federal and provincial statutes.
* Race
* Sexual orientation
* National or ethnic origin
* Marital status
* Colour
* Family status (including pregnancy and child-bearing)
* Religion
* Physical or mental disability (including dependence on alcohol or drugs)
* Age
* Pardoned criminal convictions
197
What areas do provincial statutes cover?
* Civil rights
* Most aspects of family law
* A wide range of commercial and economic rights
* Incorporation of provincial companies
* Regulation of employment
* Public hospitals and health care
* Education
198
What areas do federal statutes cover?
* Immigration
* Employment in the federal public service
* Telecommunications
* Federal taxation
* Federal pension system
* Design and administration of federal aid programs for people with disabilities
199
What are the four categories of discrimination?
* Direct discrimination
* Adverse-effect discrimination
* Systemic discrimination
* Harassment
200
Define direct discrimination.
Occurs when a rule, practice, preference, or restriction occurs purposely with intention.
201
Define adverse-effect discrimination.
A rule, practice, preference, or restriction that is not discriminatory on its face but may still be discriminatory unintentionally.
202
What is systemic discrimination?
Unintentional discrimination rooted in long-standing stereotypes that create a discriminatory effect.
203
What constitutes harassment?
To trouble or annoy the victim or make them uncomfortable; may constitute criminal harassment if it causes fear for safety.
204
What is sexual harassment?
A prevalent and serious issue highlighted in human rights statutes, including behaviors like sexual jokes, unwanted touching, and requiring revealing uniforms.
205
In what areas do human rights laws prohibit discrimination?
* Employment
* Housing (accommodation)
* Services
* Contracts
206
What was the Toronto Police Services’ Community Contacts policy also known as?
Street checks or carding.
207
When was carding officially banned in Ontario?
January 2017.
208
What exception does human rights legislation make regarding discrimination?
Bona fide job qualifications.
209
What is a bona fide job qualification?
Specific skills or training that a prospective employee needs to perform the job.
210
What is the three-step test for bona fide job qualifications?
* Standard must be for a purpose rationally connected to job performance
* Standard must be adopted in good faith
* Standard must be reasonably necessary for the work-related purpose
211
Provide examples of prohibited discrimination under Ontario’s Human Rights Code.
* Refusing to rent to an unmarried couple
* Asking for a higher rent from an LGBTQ2+ couple
* Refusing to rent to a person with a disability
* Refusing to rent to families with young children
* Asking for a greater deposit from a tenant receiving public assistance
212
What are the acts to consider related to housing in Ontario?
* Residential Tenancies Act, 2006
* Social Housing Reform Act, 2000
213
Fill in the blank: The term for the right to live in a property without interference is _______.
quiet enjoyment
214
What is the Landlord and Tenant Board?
A tribunal that resolves disputes between landlords and tenants.
215
What does the term 'sub-let' refer to?
Renting out a property by a tenant to another person.
216
True or False: Human rights laws apply only to employment.
False
217
What are the four sources of laws applicable to social services?
* Common law
* Statute law
* The Constitution
* By-laws
218
Define common law.
A body of legal principles established through court decisions that governs legal issues not fully addressed by statutes.
219
What is statute law?
Written codes of law created by federal and provincial legislatures, typically dealing with particular subject matters.
220
What is the Constitution?
The supreme law of the land that establishes the basic framework under which all other laws are created.
221
What is the Canadian Charter of Rights and Freedoms?
A part of the Constitution of Canada that expresses the fundamental values and principles of society.
222
What year was the Canadian Charter of Rights and Freedoms enacted?
1982
223
What does the Canadian Charter of Rights and Freedoms provide?
A mechanism for balancing the rights and freedoms of individuals against the broader need to protect society.
224
True or False: Government policy is considered law.
False
225
What is a policy?
A deliberate system of guidelines to guide decisions and achieve rational outcomes.
226
What is administrative law?
Governs how the decision-making powers of government are exercised.
227
What are administrative tribunals?
Entities resolving disputes over administrative decisions, similar to courts but more specialized.
228
What are trial courts?
Where disputes are first heard, including lower courts and specialty courts.
229
What is the highest level of provincial court?
Appeal Courts
230
What is the Supreme Court of Canada?
The final appeal and highest court in the country, dealing with matters of national importance.
231
What does Bill C-15 (2020) aim to ensure?
That Canadian laws are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
232
List three measures included in Bill C-15.
* Address injustices against Indigenous peoples
* Promote mutual respect and understanding
* Monitor and oversee the implementation of the declaration
233
What understanding do social service workers need regarding the law?
Social service workers need to have an understanding of the law.
234
Are social service workers qualified to give legal advice?
No, social service workers are not qualified to give legal advice.
235
What can social service workers be sued for?
Social service workers could be sued for malpractice.
236
Are social service workers protected by solicitor–client privilege?
No, social service workers are not protected by the rule of solicitor–client privilege.
237
What should social service workers restrict their professional practice to?
Social service workers should restrict their professional practice to the field in which they are trained.
238
What is legal information?
Legal information is general information about the law without specific reference to an individual’s particular circumstance.
239
When providing legal information, what must social service workers ensure?
SSWs must ensure the information is accurate.
240
What should brochures or handouts used by social service workers do?
Brochures or handouts should be used to keep facts straight and suggest seeking professional legal advice.
241
What does the Code of Ethics cover for social service workers?
The Code of Ethics covers how to:
* Maintain best interests for the client
* Respect the intrinsic worth of clients
* Act with integrity and objectivity
* Have and maintain competence
* Not exploit relationships with clients
* Protect client confidentiality
* Not act in a way that discredits the profession
* Advocate for ethical policies.
242
What do practice guidelines assist social workers with?
Practice guidelines assist with:
* Parenting time assessments
* Medication practices
* Consent and confidentiality with children and youth
* Performing the controlled act of psychotherapy.
243
What are the eight subject areas with key principles in Standards of Practice?
The eight subject areas are:
* Relationship with client
* Competence and integrity
* Responsibility to clients
* Social work and social service work record
* Confidentiality
* Fees
* Advertising
* Sexual misconduct.
244
What is an important skill for social service workers related to documentation?
Note-taking is an important skill for social service workers.
245
What should social service workers consider when note-taking?
When note-taking, consider:
* Who will read these notes?
* What will the reader be hoping to learn from them?
* Is the reader familiar with the context or must I provide background information?
* What are the privacy implications?
* What is my own purpose for making these notes?
246
What are the requirements for notes taken by social service workers?
Notes must be:
* Useful and understandable
* Focused and concise.
247
What is the purpose of reports written by social service workers?
Reports are prepared specifically for use by persons other than the writer and for specific purposes.
248
What are common types of reports written by social service workers?
Common types of reports include:
* Human resources
* Individual/Family Relations
* Care Workers or Health Care Professionals
* Corrections
* Social Benefits.
249
What is the goal of OCSWSSW?
The goal of OCSWSSW is to maintain standards of practice promoting high-quality service to clients.
250
What are the three consequences of liability issues for social service workers?
The three consequences are:
* Sanctions for professional misconduct
* Criminal charges
* Lawsuits under the civil law of torts.
251
What committees deal with complaints made against social service workers?
The complaints and discipline committee includes:
* Complaints Committee
* Discipline Committee.
252
What training should social service workers have when working with physically hard-to-handle clients?
Social service workers should receive thorough training in the use of restraints.
253
What is the general rule regarding the use of force by social service workers?
Unless aware of a specific employment policy permitting the use of force, it should be avoided completely.
254
What are the two types of tort liability?
The two types of tort liability are:
* Intentional torts
* Unintentional torts.
255
What does negligence imply in the context of tort liability?
Negligence implies a lack of action in circumstances where action is warranted.
256
What is vicarious liability?
Vicarious liability means the employer may be held responsible for actions taken on employer’s time, within employee’s job description.
