Lesson 2

Question 1

Charter of human rights

Answer 1

special purpose bc its goal is to balance the rights of individuals in relation to the rights of society

Question 2

A charter of human rights should promote

Answer 2

reasonable accommodation

Question 3

Federal charter

Answer 3

Canadian charter of rights and freedoms where the federal government has jurisdiction over certain areas like First Nations

Question 4

The Quebec charter applies to

Answer 4

all human beings physically in the province of QC (visitors or passing through)

Question 5

Charter covers

Answer 5

fundamental freedoms and rights

Question 6

No charter protection

Answer 6

for corporations or animals

Question 7

Law of public order

Answer 7

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

Question 8

the charter and other laws refer to his.he.him

Answer 8

refers to all people (drafting technique)

Question 9

Section 1

Answer 9

right to life, personal security, inviolability and freedom; also has juridical personality

Question 10

Hallmark of democracy (s.1)

Answer 10

everyone is recognized by the law and has the same rights and responsibilities

Question 11

Section 2

Answer 11

right to assistance or duty of others to assist you

Question 12

Every person must come to the aid of anyone whose life is in peril

Answer 12

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

Question 13

To motivate people to come in aid in QC

Answer 13

Good Samaritan legislation (1471 CCQ) to prevent an injured person from suing the person coming to his aid

Question 14

Good Samaritan rule except

Answer 14

if injured person can prove gross negligence or intentional fault

Question 15

Three degrees of fault

Answer 15

1. negligence
2. Gross negligence
3. Intentional fault

Question 16

Negligence

Answer 16

simple negligence or carelessness

Question 17

Gross negligence

Answer 17

reckless disregard for safety of others

Question 18

Section 3

Answer 18

fundamental freedoms

Question 19

fundamental freedoms

Answer 19

1. conscience (beliefs)
2. religion (right to practice openly)
3. opinion
4. expression (not to defame)
5. peaceful assembly
6. association (could be restricted if on parole)

Question 20

limitations to freedom

Answer 20

you cannot exercise your fundamental freedoms to unjustly impair rights of society

Question 21

Section 4

Answer 21

Dignity, honour and reputation

Question 22

defamation of character (s.4)

Answer 22

one cannot say, print or distribute information about people that are untrue and will damage their reputation

Question 23

Section 5

Answer 23

right to private life

Question 24

Private life

Answer 24

Supreme Court ruled that one may not take a photograph of identifiable person in public place and distribute or sell without consent

Question 25

Section 6

Answer 25

Property protection

Question 26

Property protection

Answer 26

right to peaceful enjoyment and free disposition of their property except to the extent provided by law:

1. you can do what you want with your property
2. you can own property, o one can take without your consent

Question 27

Exception to property protection

Answer 27

expropriation by government but they must pay a fair value and gun ownership restricted with permits + zoning (need legal permission)

Question 28

Section 7

Answer 28

Home

Question 29

Home right

Answer 29

nobody can enter your home without your consent even if you’re renting

Question 30

Reasonable grounds to the home right

Answer 30

emergency responders can enter your home without your permission if they deem it an emergency

Question 31

if emergency respondents find something illegal in your house in plain sight

Answer 31

they can charge you with a crime (but need a search warrant to investigate further)

Question 32

search warrant

Answer 32

granted by a judge, police can enter your home without your permission and search the premises

Question 33

Section 9

Answer 33

Confidential information

Question 34

Confidential information

Answer 34

every person has the right to non disclosure of confidential information

Question 35

Examples of confidential informaton

Answer 35

medical records, employment records, bank, personal information like age religion and marital status

Question 36

purpose of protection of confidentiality

Answer 36

prevent persons in possession of confidential information to disclose this info without your consent

Question 37

Exceptions to confidentiality

Answer 37

third parties are entitled to request some confidential information in order to assess your eligibility or suitability (apartment, employment, law enforcement can ask ID)

Question 38

Professional secrecy

Answer 38

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

Question 39

Exception to professional secrecy

Answer 39

the person who confided authorizes it or an express provision of law authorizes the release

Question 40

Exception without consent to professional secrecy

Answer 40

hospital or health care: gun shot wounds and suspicious injuries to an infant

Question 41

Section 9.1

Answer 41

Principle of reasonable accommodation

Question 42

Reasonable limits

Answer 42

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

Question 43

the scope of freedoms and limits to their exercise

Answer 43

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)

Question 44

The principal of balancing the rights or individual vs. community

Answer 44

reasonable accommodation (case by case)