Law Charter Stuff (part 3) Flashcards
Duty to Accommodate
The legal obligation to modify rules, practices, or environments to avoid discrimination, unless doing so causes undue hardship.
Direct Discrimination
When someone is treated unfairly or differently because of a protected characteristic, like race or disability.
Constructive Discrimination
A policy or practice that appears neutral but negatively affects individuals from a protected group.
Bona Fide Occupational Requirement (BFOR)
A legitimate job requirement essential for performing job duties safely and effectively.
Poisoned Environment
A hostile or toxic atmosphere created by discriminatory behavior or comments that affect one’s ability to work or learn.
Human Rights Code
A provincial law that protects people from discrimination and harassment in areas such as employment, housing, and services.
Canadian Charter of Rights and Freedoms
A constitutional document that guarantees fundamental rights and freedoms to everyone in Canada.
Section 1 of the Charter
States that rights and freedoms are guaranteed but can be limited if justified in a free and democratic society.
Section 6 – Mobility Rights
Guarantees the right to enter, remain in, or leave Canada and to move and work within any province.
Section 24 – Enforcement
Allows individuals to go to court if their Charter rights are violated and seek remedies.
Notwithstanding Clause (Section 33)
Allows governments to override certain Charter rights temporarily for up to five years.
Equality Before the Law
The principle that all individuals must be treated equally by the legal system without discrimination.
Affirmative Action
Programs designed to improve opportunities for disadvantaged groups and are allowed under the Human Rights Code and Charter.
Legal Rights (Sections 7–14)
Rights related to the justice system, including the right to a fair trial, legal counsel, and freedom from arbitrary detention.
Fundamental Freedoms (Section 2)
Includes freedom of conscience, religion, expression, peaceful assembly, and association.