law unit 2 Flashcards
right?
legal, moral, and social claim that people are entitled to
entrenched?
something that cannot be changed in the constitution
stereotype?
fixed judgement in a group of people
notwithstanding clause
provision that allows provincial or federal legislatives to override certain sections of the charter
complainant
party that initiates the legal accusation due to discrimination
respondent
party who responds to the complaint
harassment
constant aggressive behaviour towards a group of people
freedom
right to live your life without interference of the government
supremacy
superior
prima facie
- at first sight
evidence that is enough to prove whether s crime happened or not
discrimination
unjust treatment to people due to certain characteristics
human rights
right to receive equal treatment, free from discrimination and harassment
mediation
when a third party helps a dispute between two parties
poisoned environment
environment with constant discrimination or harassment
bill of rights
- 1960 John Diefenbaker
- Provincial statute
- was not supreme
drawbacks of bill of rights
- equal to other statutes
- easily amended
- not supreme
Reasonable Limits
- section 1 of charter
- certain rights and freedoms can be limited
1. the reason of the limitation is shown to be important enough to justify the overriding of the constitutionally protected right.
2. measures taken to limit the right are reasonable and logically connected to the objective for which it was enacted.
3. the right must be limited as little as possible
4. the most severe the limitation, the more important the objective must be
constitution act
- includes charter
- supreme
prejudice
opinions based on stereotypes
gravamen
the essence of a complaint
constructive discrimination
discrimination done in an indirect way
undue hardship
when relieving a discrimination causes strain in an employer