law unit 2 Flashcards
define reduction theory
person is free to do what is not positively prohibited by the law
define Ontario Human Rights Commission
administrative
an administrative of at least 7 persons that enforce the Ontario Human Rights Code and promote dignity and equality
define board of inquiry
holds a hearing to see if a violation took place and what should take place
define similarly situated test
applies to those who are similarly situated and to be treated equally
define discrimination
the act of treating a group or individual differently not based on relevant differences
define terminal action
a general recongition to treat a group or indivdauls more favorbly
define reverse discrimination
discrimination against the majority
define bill 178
restricts the use of bilingual signs in Quebec
define equality before the law
comparing
equity in the administration of the law is with comparing with society and not a person of society
define equality under the law
equal treatment
concerned with equal treatment in the content of the law it guarantees equal treatment with a similarly situated test in the administration of the law
define reasonable limits clause
there are limits to people’s rights and freedoms so long they can be demonstratively qualified
define parliamentary supremacy
parliament has the right to make or unmake laws no person has the right to change these laws the only ones who can are people we elected
define responsible government
the people we elect make laws and govern us are responsible to us and what they do in parliament
define rule of law
defending ourselves
our right to defend ourselves in court the judge has a right to make the decison he/she thinks is the most fair
explain human rights pre-charter
- charter of rights and freedoms
- the judge made law or precedence
- statutory rights
human rights laws were changed in 1982 when the charter proclaimed itself into the constitution which means it is entrenched so not all laws can be easily taken away
three factors of cvil liberites
- the government must meet the test of validity or be done with legal authority
2, people’s rights and freedoms are violated must seek legal damages - statutes that were infringed are subjected to strict examination by the courts
what is the 1899 Sparrow vsJohnson case?
pre charter
a black man and woman were refused theatre seats they sued and were awarded damages not on the grounds of discrimination but on the grounds of breach of contract
what is human legislation in Canada?
federal
- as a provincial act, the human rights code can only apply to enterprises that are in the federal domain
- The federal government is not affected by this but is subjected to the Canadian Human Rights Acts of 1976
what does the Ontario Human Rights Commission do?
they will consider if the complaint is valid, and start a formal investigation to settle individuals if needed they will bring in a board of inquiry
what are the three points of the Bill of Rights and why was this not a good bill?
- it was a mear statute and not entrenched in the constitution
- the bill was a federal statute and only applies to federal domains
- it was inapplicable due to its narrow scope
it does not protect Canada from the abuses of the government
what are the human rights in the charter?
in 1982 Canada got its constitution and it takes precedence over both federal and provincial government
what did Pierre Trudeau believe
he believed we have a right to life, liberates and property and they subside from any government authority
what concerns were raised about the charter?
that the charter would transfer all legal authority from the legislatures to the judiciary making control change from elected officials to appoint juirs
application of the charter
since the charter is a part of the constitution it can only be changed with the same amending formula as the constitution
what are the limitations of the charter (notwithstanding clause)
this clause was used to introduce Bill 178 and individual rights are not absolute the conflict between our rights and freedoms is taken into consideration to create a qualified set of rights rather than absolute ones
what are the limitations of the charter (reasonable limits clause)
when it comes to a case where someone’s rights and freedoms are violated the court should consider the application of section 1 it should be a rational way of achieving governmental objectives while interfering as little as possible
what are equality rights according to arisotial
he believed we should treat equal to their degree of equality and rejected the idea of absolute equality
1960 Canadian Bill of Rights - Christie v York Corp case details
a man was refused a beer for being a black man and was told they have “standards” he sued for $200 in damages and this decision was based on sections 19 and 33 of the “Quebec Licencing Act” which made it illegal to refuse service but it was appealed and argued that his case fell under the general principle of freedom which means the owner was within his rights
Kearsley v City of St. Catherines, Ontario Human Rights Commission, April 2002 case details
he applied for a position to be a firefighter he had to do a medical exam, the examiner discovered that he had an irregular heartbeat and said he couldn’t be a firefighter he had consulted multiple other doctors who said he was able to. he filed a complaint with the OHRC they held a board inquiry the doctor argued that he was at an increased risk for stroke they brought an expert in that argued that he wasn’t at an increase of stroke. he won the case
Eaton v Brant County Board of Education case details
emily has cerasle palsy, vision impairment and many other things per her parents’ request she was put into a normal classroom with an assistant. after 3 years her teacher said this school environment may be very harmful to her and said that she should be put into a special needs room, her parents went through 2 appeals and agrued that Emily rights were infringed on her sc 15 rights and said unless her parents consented she was staying in public school
