Lesson 2 Flashcards
What is a charter of human rights?
It is a law with a special purpose.
- The goal of the charter of human rights is to balance the rights of individuals in relation to the rights of society.
- While the state should not overly control or repress its citizens, citizens cannot on the other hand be totally free to do what they want (there needs to be a degree of order in place).
- A charter of human rights should therefore promote reasonable accomodation.
What is the canadian charter of rights and freedoms?
This course will not cover the canadian charter of rights and freedoms. We will only deal with specific provisions of the quebec charter of human rights.
- The federal government has exclusive jurisdiction over certain areas, e.g., rights of first nations communities.
What is the quebec charter of human rights?
- Applies to all human beings physically in quebec (does not just apply to residents, applies to everyone who is physically in the province, including visitors and people passing through the province).
- The charter covers fundamental freedoms and rights.
- There is no charter protection for corporations (legal persons) or animals (property) - only protects human beings.
What is law of public order?
An individual cannot give up (waive) their rights under the charter (the charter of quebec is referred to as a law of public order).
What is juridical personality (section 1)?
Every human being has a right to life, and to personal security, inviolability, and freedom. He also possesses juridical personality.
- Juridical personality = everybody is recognized by the law and has the same rights and responsibilities (law treats everybody equally).
What is assistance (section 2)?
- Every human being whose life is in peril has a right to assistance.
- Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason (this right is not absolute).
Assistance (section 2): What is good samaritan legislation (section 1471 CCQ)?
Good Samaritan legislation exists to prevent an injured person from suing the person coming to his aid, unless the injured person can prove gross negligence or intentional fault.
3 degress of fault:
- negligence (simple negligence/carelessness)
- gross negligence (reckless disregard for safety of people aroung you).
- intentional fault (can be shown that you intended to assault the person in question).
Good Samaritan legislation is there to encourage people to come to the aid of someone whose life appears to be in peril.
What are fundamental freedoms (section 3)?
Every person is a possessor of the fundamental freedoms including the following (this list is not exhaustive):
- freedom of conscience (beliefs)
- freedom of religion (right to practice religion openly)
- freedom of opinion
- freedom of expression (does not give you the right to defame another person)
- freedom of peaceful assembly (right to meet in groups)
- freedom of association (right to associate with anyone you want, restrictions: if you are released from prison on parole, you may be prohibited from associating with convicted felons)
There are however limitations on your freedoms: you cannot exercise your fundamental freedoms in such a way as to unjustly impair the rights of society, section 9.1).
What is dignity, honour, reputation (section 4)?
Everyone has the right to the safeguard of their dignity, honour, and reputation.
Dignity, honour, reputation (section 4): what is defamation of character?
one cannot say, print or distribute information about people that is untrue and will damage their reputation (refers to liable and slander).
What is private life (section 5)?
Every person has a right to respect for his private life.
E.g., one may not take a photograph of an identifiable person in a public place and distribute/sell the photograph without the subject person’s consent.
- Paparazzi may be an issue then in quebec because of this private life protection in section 5 of the charter.
- however celebrities and politicians usually notify paparazzi where they’re going to be through their press agent (in that case, paparazzi is okay)
- however, for ordinary people, nobody can take your photo and use it without your consent (exceptions: crowd scenes are okay).
- If you are an identifiable subject of a picture, then the picture cannot be used without your consent in quebec.
What is property (section 6)?
Every person has the right to the peaceful enjoyment and free disposition of their property except to the extent provided by law.
- you can do what you want with your property
- you can own property (house, car) and no one can take it without your consent
- exception: expropriation by government for public purposes as long as they pay you FV
- exception: gun ownership - you need legal permits to own and can only sell to someone with permits
- exception: zoning - need legal permission to build, make use of real estate (requirements and exceptions established by law as to what exactly you can build and do with your real estate).
What is home (section 7)?
Nobody can enter your home without your consent (you do not have to own your home for this to apply, you can be renting).
- Reasonable grounds: emergency responders (firefighters, police) can enter your home without permission if they deem it an emergency.
- If they find anything illegal in plain sight they can charge you with a crime (need search warrant to investigate further).
- Search warrant: when granted by a judge, police can enter your home without your permission and search premises.
What is confidential information (section 9)?
Every person has the right to non-disclosure of confidential information.
E.g., medical records, employment records, bank records, personal info such as age, religion and marital status, university/education records.
- Persons in possession of confidential information about you cannot disclose this information to other people without your consent.
- In certain situations third parties are entitled to request some confidential information from you in order to assess your eligibility or suitability (employers and residential landlords who wish to assess skills, educational qualifications and/or financial solvency, etc.)
- Law enforcement can request your ID anytime.
What is professional secrecy (section 9)?
No person bound to professional secrecy by law, nor priest or minister of religion may release, even in a court proceeding, confidential information revealed to them by reason of their position or profession, unless the person who confided this information authorizes it or unless an express provision of law authorizes the release.
- Exception: hospital/health care professionals - in certain situations are required to report GSWs or suspicious injuries to an infant.
- Note that the judge will stop a witness from divulging confidential information during his testimony.
