Lesson 2 Flashcards
Charter of human rights
special purpose bc its goal is to balance the rights of individuals in relation to the rights of society
A charter of human rights should promote
reasonable accommodation
Federal charter
Canadian charter of rights and freedoms where the federal government has jurisdiction over certain areas like First Nations
The Quebec charter applies to
all human beings physically in the province of QC (visitors or passing through)
Charter covers
fundamental freedoms and rights
No charter protection
for corporations or animals
Law of public order
an individual cannot give up (waive) their rights under the charter, you cannot say it does not apply to you that would be against public order
the charter and other laws refer to his.he.him
refers to all people (drafting technique)
Section 1
right to life, personal security, inviolability and freedom; also has juridical personality
Hallmark of democracy (s.1)
everyone is recognized by the law and has the same rights and responsibilities
Section 2
right to assistance or duty of others to assist you
Every person must come to the aid of anyone whose life is in peril
personally or by calling aid, giving him the necessary and immediate assistance unless it involves dancer for himself or a third person or another valid reason
To motivate people to come in aid in QC
Good Samaritan legislation (1471 CCQ) to prevent an injured person from suing the person coming to his aid
Good Samaritan rule except
if injured person can prove gross negligence or intentional fault
Three degrees of fault
- negligence
- Gross negligence
- Intentional fault
Negligence
simple negligence or carelessness
Gross negligence
reckless disregard for safety of others
Section 3
fundamental freedoms
fundamental freedoms
- conscience (beliefs)
- religion (right to practice openly)
- opinion
- expression (not to defame)
- peaceful assembly
- association (could be restricted if on parole)
limitations to freedom
you cannot exercise your fundamental freedoms to unjustly impair rights of society
Section 4
Dignity, honour and reputation
defamation of character (s.4)
one cannot say, print or distribute information about people that are untrue and will damage their reputation
Section 5
right to private life
Private life
Supreme Court ruled that one may not take a photograph of identifiable person in public place and distribute or sell without consent
Section 6
Property protection
Property protection
right to 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, o one can take without your consent
Exception to property protection
expropriation by government but they must pay a fair value and gun ownership restricted with permits + zoning (need legal permission)
Section 7
Home
Home right
nobody can enter your home without your consent even if you’re renting
Reasonable grounds to the home right
emergency responders can enter your home without your permission if they deem it an emergency
if emergency respondents find something illegal in your house in plain sight
they can charge you with a crime (but need a search warrant to investigate further)
search warrant
granted by a judge, police can enter your home without your permission and search the premises
Section 9
Confidential information
Confidential information
every person has the right to non disclosure of confidential information
Examples of confidential informaton
medical records, employment records, bank, personal information like age religion and marital status
purpose of protection of confidentiality
prevent persons in possession of confidential information to disclose this info without your consent
Exceptions to confidentiality
third parties are entitled to request some confidential information in order to assess your eligibility or suitability (apartment, employment, law enforcement can ask ID)
Professional secrecy
part of confidentiality: no person bound to professional secrecy by law nor priest or minister of religion, may release even in court proceedings, confidential information revealed to them by reason of their position of profession
Exception to professional secrecy
the person who confided authorizes it or an express provision of law authorizes the release
Exception without consent to professional secrecy
hospital or health care: gun shot wounds and suspicious injuries to an infant
Section 9.1
Principle of reasonable accommodation
Reasonable limits
in exercising their fundamental freedoms and rights, a person should maintain a proper regard for democratic values, public order and well being of the citizens of QC
the scope of freedoms and limits to their exercise
may be restricted by law (s.9.1): this means the rights are not absolute and they cannot exercise his or her rights as to cause unreasonable inconvenience to the community)
The principal of balancing the rights or individual vs. community
reasonable accommodation (case by case)
