Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

School > Law Unit 2 Test > Flashcards

Law Unit 2 Test Flashcards

1
Q
  1. What are inalienable Rights?
A

Inalienable Rights are guaranteed rights that were given to you upon birth by your government, they cannot be taken away or transferred from one person to another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q
  1. Give some examples of Rights violations of Canada’s past. (2)
A
  • 1945 Japanese Internment Camps
  • Residential Schools
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q
  1. Which Prime Minister brought in the Bill of Rights?
A

John Diefenbaker brought in the Bill of Rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
  1. What are the main problems with the Canadian Bill of Rights?
A
  • It was not entrenched in the constitution, giving it no constitutional powers, weak
  • Thus, any government in power can change it
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
  1. What were the two main arguments of those who were against entrenching the Charter of Rights and Freedoms?
A
  • The judges had too much power over the charter because they were appointed not elected
  • The judges would impose their own opinions into the law, judicial bias
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q
  1. What does “entrenched” mean?
A

Entrenched means that the law will have constitutional status, meaning that it is well protected from being changed as it will need an amending formula to do so.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q
  1. What section of the Charter is the “Notwithstanding” clause under?
A

Section 33.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
  1. What province used the “Notwithstanding” clause to overrule Bill 21?
A

Quebec used the “Notwithstanding” clause (overrides sections 2-7 and 15 of the charter) to overrule Bill 21. Allowing them to pass a law that stated if you worked for the government you were can’t wear any outward religious symbol, which infringes on section 2 of the charter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q
  1. Give an example of 3 Fundamental Freedoms.
A
  • Freedom of Thought
  • Freedom of Expression
  • Freedom of Association
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
  1. What are democratic rights? (hint: look in the Charter)
A

Democratic Rights are within section 3-5 of the charter and include the Right to Vote, the Right to Become a member of Parliament, and the Right to Elect a New Government every 5 years.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q
  1. What is a Mobility Right?
A

A mobility right allows the citizens of Canada to leave country and is within section 6 of the charter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  1. What section of the Charter grants all Canadians “Life, Liberty and security of person”?
A

Section 7 of the Charter grants all Canadians ““Life, Liberty and security of person.” It protects you, you want to feel secure without anyone or the government hurting you, safety and security is needed before you can experience liberty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  1. Why is Section 8 so important if the Cops want to search your house?
A

Section 8 is so important is the Cops want to search your house because it prevents unjustified searches.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
  1. If you are thrown in jail and not told why, what section of the Charter could you use to get you out?
A

You could use section 10 to get out because you need to be told a valid reason before entering jail.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  1. Why is section 15 so important? What is left out of section 15 but is explicitly covered?
A

Section 15 is important because it covers our human rights, ensuring you are treated equally regardless of your background. Sexual orientation is left out of section 15 but is explicitly covered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q
  1. What year did the Charter come to Canada?
A

The Charter came to Canada in 1982.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  1. What does inter vires and ultra vires mean?
A

Inter vires and ultra vires mean inside the jurisdiction of the government and outside the jurisdiction of the government. Some topics are covered by the provincial government and some by the federal government because Canada is a large country so the federal government can’t handle everything.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q
  1. What is the difference between stereotyping and discrimination?
A

A stereotype is a thought, belief, or idea while discrimination is acting on those thoughts, beliefs, or ideas.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
  1. Are Post offices under the CHRA or the OHRC?
A

Post offices are under the CHRA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q
  1. What are some of the differences between The Ontario Human Rights Code and the Canadian Human Rights Act?
A

The OHRC deals with provincial issues usually involving housing, services, unions and such to administer the Ontario Human Rights Code. The CHRA deals with issues surrounding equality nationwide. OHRC is about the province of Ontario while the CHRA is federal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q
  1. Why is Bill 21 in Quebec so controversial? (2 reasons)
A

Bill 21 in Quebec is so controversial because it infringes upon the Freedom of Religion and Freedom of Expression. Also, overall because of how an actual government is willing to use section 33 to get what they want even if it targets certain groups of people.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q
  1. What is a “Bona fide occupational requirement’’?
A

A “Bona fide occupational requirement’’ is when a qualification that would normally be considered discriminatory is necessary for proper or efficient job performance. For example, you cannot be a truck driver if you’re blind.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q
  1. What is the difference between Direct and Constructive Discrimination?
A

Direct discrimination is an overt act of discrimination while constructive discrimination includes employment policies that inadvertently exclude certain individuals, resulting in systemic discrimination. For example, a restaurant manager not hiring men because he thinks they make bad waiters versus a Sikh man who was asked to remove his turban in order to be an RCMP officer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q
  1. Give an example of a Poisoned Environment.
A

A poisoned environment is simply when you’re in an uncomfortable and negative atmosphere that doesn’t make you feel good because you know the negativity is about you but not directed toward you.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q
  1. Explain the term “Undue Hardship”.
A

Undue Hardship is the result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that outweighs the benefit of the accommodation. Basically, if a company can’t afford to accommodate you, it’s not their fault. For example, when a cinema couldn’t afford to install a wheelchair ramp, it was okay because they couldn’t afford it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q
  1. When looking at section 8 Rights, what function does the word “reasonable” perform when deciding if a search is legal?
A

The word “reasonable” when deciding if a search is legal performs the function of outlining what states and environments are necessary in order to legally search someone. For example, how it’s okay to search for a gun but not a pack of cigarettes, how it’s okay to randomly search people in airports but not in their own homes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Prejudice:

A

A preconceived opinion based on a stereotype or inadequate information.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Reasonable Limits:

A

The idea that all rights and freedoms are not absolute and have limitations in a free and democratic society. For example, although you have the Right to Free Speech, you cannot spew hate speech.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Entrench:

A

To protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Respondent:

A

The person or organization that the complainant alleges committed discrimination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Human Rights:

A

The right to receive equal treatment, to be free from prohibited discrimination and harassment, and to have access to places, services, and opportunities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Affirmative Action:

A

Giving advantages to groups who have been discriminated against in the past.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Notwithstanding Clause:

A

s. 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter.

34
Q

Duty to Accommodate:

A

Eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job.

35
Q

Freedom:

A

The right to conduct one’s affairs without governmental interference.

36
Q

Stereotype:

A

An oversimplified, standardized, or fixed judgment of a group of people.

37
Q

Sexual Harassment:

A

Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti.

38
Q

Right:

A

A legal, moral, or social entitlement that citizens can expect, mainly from the government.

39
Q

Discrimination:

A

Making a distinction between people and treating them differently on a basis other than individual merit.

40
Q

Accommodation:

A

The place where people live or want to live.

41
Q

Mobility Right:

A

Canadians’ Right to enter and leave Canada and to move from province to province.

42
Q

Inalienable Rights:

A

Guaranteed entitlements that cannot be transferred from one person to another.

43
Q

Bill 21 – Secularism Act (Quebec):

A
  • People support Bill 21 because they think by removing hijabs it will attach importance to the equality of women and men and separate the church and state.
  • People don’t support Bill 21 because it limits people’s options for jobs, targets religious minorities, and represents a government that has more power over people.
  • It’s controversial because it infringes upon the Freedom of -Religion and Freedom of Expression.
  • Infringes on sections 2, 7, 15, 12
  • They had to use s. 33 - Notwithstanding Clause which allowed them to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter.
44
Q

R. v. M. (M.R.) – School Searches:

A

The accused in this case has the abbreviation “M.(M.R.)” to protect his identity under the terms of the Young Offenders’ Act.
Section 8 of the Charter protected his privacy rights
As shown in this case, depending on where you are, you have a “reasonable” amount of privacy. He was searched because the level of privacy he has in a public school is different from in his own home because in public schools he can potentially harm others with possession of drugs, the environment makes the stakes higher.

45
Q

Section 1:

A

The rights in the Charter are guaranteed “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society” So although you are guaranteed these rights, they have limits. “Here are your rights to a certain extent.” For example, although you have freedom of speech, you can’t spew hate speech.

46
Q

Section 2 a):

A

The Freedom of Conscience and Religion, meaning you can entertain the religious beliefs that you want, and declare them openly through practice, worship, teaching, and dissemination. You can not be forced to act in any way that goes against your beliefs or conscience. For example, you have a right to declare your religious beliefs openly through religious clothing.

47
Q

Section 2 b):

A

The Freedom of Thought and Expression, meaning you are free to think and believe what you want and publicly express your opinions through writing, speech, painting, photography, and other methods. Includes freedom of the press and media because they communicate issues to the public. For example, you have a right to publicly express your own thoughts and create pieces of writing that explore those ideas without restraint on what you can or cannot write.

48
Q

Section 2 c):

A

The Freedom of Peaceful Assembly, meaning people are allowed to assemble and march against a government or for a cause as long as the assembly is peaceful and not considered a riot. For example, you have a right to participate in a protest that supports abortion rights as long as it is peaceful.

49
Q

Section 2 d):

A

The Freedom of Association, meaning people are allowed to connect with other people or groups such as unions, political parties, cultural groups, educational organizations, or sports clubs. For example, you have a right to meet with your basketball team and connect with them.

50
Q

Section 3:

A

The Right to Vote in an election and run for office, meaning if you are of the proper age, mental capacity, residence, and registration you can vote in an election. For example, if you are over 18, are mentally stable, live in Canada, and register to vote, you have the right to vote.

51
Q

Section 6:

A

The Right to Mobility, meaning that Canadian citizens can move in and out of the country and between provinces. For example, if you’d like to go on a vacation to the Bahamas, you have the right to do so.

52
Q

Section 7:

A

The Right to Life, Liberty, and Security of the Person, meaning that as a human being you are protected by the government in order to feel safe. For example, you have a right to not be raped or assaulted.

53
Q

Section 8:

A

The Right to No Unreasonable Search and Seizure, meaning that police must have good reasoning before searching a person, home, or the belongings of the accused. For example, if the police want to search you for theft, they must have good reasoning for believing you stole.

54
Q

Section 9:

A

The Right to Not be Arbitrarily Detained or Imprisoned, meaning that people cannot be held for questioning, arrested, or kept in jail by police without good reason. For example, a random person cannot just be kept in jail the police have to agree and have reasons for believing that the accused is a threat to society.

55
Q

Section 10:

A

Rights While Under Arrest or Detention, meaning that firstly, the arrested have a right to be properly informed of the reason for the arrest. Secondly, the arrested have the right to be informed that they have the right to receive the help of a lawyer. This means that while you’re being arrested, you need to be told why you’re being arrested and reminded that you have the right to a lawyer’s assistance. For example, if a man was being arrested for impaired driving, he must be told the reason for his arrest and reminded of his right to a lawyer even though his current state may prohibit him from understanding.

56
Q

Section 11:

A

Rights When Charged with a Criminal Offence, meaning that firstly, the accused must be told what the crime is, secondly, the trial must happen within a reasonable time, thirdly, the accused cannot be forced to testify at their own trial, fourthly, the accused are assumed innocent until proven guilty in a fair and unbiased trial, fifthly, the accused have the right to reasonable bail, sixthly, the right to trial by jury, and lastly the court can only convict the accused under the law they were charged. For example, if someone was originally charged with theft they cannot be convicted of assault in court.

57
Q

Section 15:

A

Equality Rights, meaning that every individual is equal and governments cannot discriminate in their laws or programs. So, everyone is equal before and under the law, every citizen has the right to equal protection and benefit from the law, and the rights are to be applied equally and without discrimination. Also, programs set up by governments to improve conditions for certain minority groups are okay even if they are seen as discriminatory to the majority. For example, laws that protect handicapped spots are acceptable because they improve the lives of minorities.

58
Q

Rights Protection - Rights

A

Granted by legislation (granted by your government to protect you from your government)
i.e.: Right of a prisoner to have in writing the reason for parole denial

59
Q

Rights Protection - Freedoms

A

Basic freedom not restricted by law (to an extent)
i.e. Freedom of Religion (you can practice your religion to an extent, no animal sacrifices)

60
Q

Canadian Bill of Rights

A

This document sets out the basic rights of Canadians. It was important to codify these rights and also recognize them formally. Problematic because it was so easily changed by the government in power.
- Items in the B of R but not in the CRF: Guarantees a person the right to enjoyment of property and the right not to be deprived thereof except by the due process of the law

61
Q

Difference Between Rights and Freedoms

A

A right is granted to you by the government to protect you from your government while freedoms are rights that allow you to live your life without interference from the government. Essentially, rights can be restricted by law (government) while freedoms cannot be restricted by law (government) to an extent.

62
Q

What two documents declared that people have inalienable rights? What are unalienable rights?

A

The Declaration of Independence and the Declaration of the Rights of Man were the two documents that declared that people have inalienable rights. Unalienable rights are guaranteed entitlements that cannot be transferred from one person to another.

63
Q

What document was created in 1948? How did it differ from other declarations?

A

The Universal Declaration of Human Rights was created in 1948. It differed from other declarations because it gives recognition to human rights on a universal level.

64
Q

Define ‘franchise’.

A

The Right to Vote.

65
Q

What did Diefenbaker include in his Bill of Rights?

A

Diefenbaker included:
- The rights of individuals to life, liberty, personal security, and enjoyment of property
- Freedom of religion, speech, assembly, and association
- Freedom of the press
- The right to counsel and the right to a fair hearing

66
Q

Why was the Charter of Rights and Freedoms entrenched in the Constitution?

A

The Charter of Rights and Freedoms was entrenched in the Constitution to protect the Rights and Freedoms from the government in power as they become constitutional law, which overrides all other laws.

67
Q

Human Rights in Ontario

A

Ontario was the first province to enact Human Rights legislation with the enactment of the Ontario Human Rights Code (and commission) in 1962.
The Code covers five social areas:
- Employment
- Services, goods and facilities
- Accommodations (housing)
- Contracts
- Membership in vocational associations and trade unions

68
Q

The Ontario Human Rights Code Status

A

It is simply a statute which can be changed by a majority vote in the legislature HOWEVER certain parts of the code have been given quasi-constitutional status meaning they override other provincial legislation

69
Q

The Ontario Human Rights Commission vs Canadian Human Rights Commission

A

It has no jurisdiction over federal organizations or those that are engaged in an activity that is regulated by the federal government. (i.e. if you worked in an airport you’d have to go to the federal commission)
If an organization is federally regulated, the Canadian Human Rights Act applies, and not the Code: these two laws are mutually exclusive.

70
Q

Ontario Human Rights Commission Description

A
  • It enforces and administers the code
  • Run by 7 people
  • Appointed by the cabinet
  • Their role is to promote human dignity, educate people about the code, make policy recommendations, and investigate claims
71
Q

Process

A
  • If a complaint is lodged (or discovered), an investigation is carried out
  • If the investigation finds proof, they will attempt to reach a settlement OR if no agreement is reached, cases are referred to a tribunal (similar to a court with less strict rules of evidence)
  • If there has been a violation, the Tribunal will order: Compliance, Compensation and a cease and desist order
72
Q

The Canadian Human Rights Act (1977) covers workplaces such as:

A
  • Crown corporations
  • the post office
  • airlines
  • television and radio stations
  • buses and railways which travel between provinces
73
Q

Harassment:

A

Persistent behaviour that violates the human rights of the victim.

74
Q

Accommodation:

A

The place where people live or want to live.

75
Q

Goods:

A

Merchandise that can be purchased.

76
Q

Services:

A

Ways of meeting consumer needs that do not involve the purchase of tangible goods.

77
Q

Support Required to use the Amending Formula:

A
  • For issues of national magnitude (office of the Queen, seats in the H of C, the composition of the Supreme Court) - Federal Parliament and all 10 provinces
  • For all other issues - Federal Parliament and 7 provinces comprising at least 50% of the population
78
Q

Judicial Amendments:

A

The Canadian Charter of Rights and Freedoms gives the courts the ability to interpret and define the meaning of our constitution. This allows for the constitution to change as society’s values change, however, opponents argue that it gives the judicial branch of government too much power over elected officials.

79
Q

The Charter and the Courts

A
  • The Charter has dramatically changed the role of the Courts
  • Prior to Charter only decisions were around issues of jurisdiction–intra or ultra vires (sections 91 & 92 of BNA Act)
  • All laws must adhere to the Charter’s principles
  • This gives judges a much more important role in creating and amending laws in Canada
80
Q

Judicial Activism:

A

The perception that judges rather than Parliament are making the laws and imposing their personal values in their judgement.

81
Q

Supreme Court of Canada

A
  • is the most important court in the land, consists of 8 judges and one Chief Justice, final court of appeal for all levels
  • most decisions are unanimous – if not majority and minority decisions are released
  • If the Court feels that a law violates the Charter it has two options: Strike Down – the law is no longer valid, Read Down – the law may generally be acceptable but not, in this case, it must be changed to comply with the Charter

School (86 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions