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COMM 315 > Lesson 3 > Flashcards

Lesson 3 Flashcards

1
Q

Section 10

A

Right to full and equal recognition and exercise of their human rights and freedom without distinction, exclusion or preference

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2
Q

section 10 discrimination based on

A

race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political conviction, language, ethnic, social condition, handicap

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3
Q

Discrimination exists where

A

distinction exclusion or preference has the effect of nullifying or impairing such right (closed list)

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4
Q

No presumption of discrimination

A

burden of proof on the victim to prove she has been discriminated against

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5
Q

section 10.1

A

harassment: nobody can harass you based on ground listed in s.10 (verbal or electronic)

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6
Q

Section 11

A

Signs, symbols and notice

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7
Q

Signs, symbol and notice

A

no one can distribute, publish or display pictures signs or symbols involving discrimination or authorize (editor of a publication even if you’re not the one who has written) anyone to do so

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8
Q

Limitation of expression

A

while one has freedom to express, cannot use to justify discrimination

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9
Q

Section 12

A

Goods and services: no one through discrimination may refuse to make a judicial act concerning G&S ordinarily offered to the public

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10
Q

Example of section 12

A

cannot refuse to serve someone based on how they look

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11
Q

Accepted forms of payments vs. ability to pay

A

If someone tries to pay all ways don’t work, would you accept a cheque? not discrimination because they demonstrated they have non money

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12
Q

Section 13

A

Contractual clauses

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13
Q

Contractual clauses

A

no one may in a juridical act stipulate a clause involving discrimination

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14
Q

If contractual clause discriminates

A

it will be deemed without effect

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15
Q

Section 15

A

Public places

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16
Q

Public place

A

No one may through discrimination inhibit access of another to public transportation or place, such as commercial establishment, hotel, restaurant, theatre, cinema… or his obtaining G&S

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17
Q

Loitering

A

a shopping centre invites the public to shop, they could reasonably ask you to leave

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18
Q

Under CCQ nuisance

A

obligation not to cause undo disturbance to others. Can then ask to leave if the nuisance is present and not to prevent it

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19
Q

s.16, 18.1, 20

A

Employment

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20
Q

Section 16

A

discrimination in terms of hiring, apprenticeship, duration of probationary period, vocational training, promotion, transfer, displacement, laying off, suspension, dismissal or

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21
Q

Section 18.1

A

in employment application, cannot ask the questions in s.10

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22
Q

Exception to s.18.1

A

information is useful to the application of section 20 OR useful in the implementation of affirmative action program in existence at the time of application

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23
Q

Affirmative action program

A

gives preference to groups who have been historically discriminated against in the past

24
Q

Section 20

A

distinction, exclusion or preference based on aptitudes or qualification requirement for an employment is deemed non-discriminatory (are any of the listed in s.10 needed for the job)

25
Q

photograph one job application

A

convenience ok but to judge then no

26
Q

Section 19

A

equal salary

27
Q

equal salary

A

every employer must without discrimination grant equal salary and wages to personal who perform equivalent work

28
Q

why equivalent and not equal?

A

hard to define equal because a job is done differently

29
Q

Section 18.2

A

Criminal record

30
Q

Criminal record

A

no one may dismiss, refuse to hire or otherwise penalize a person in their employment bc convicted

31
Q

conditions for criminal record to not be discriminated against

A

if the offence is in no way connected to the employment OR pardon

32
Q

Pardon

A

do not need to disclose, members of public cannot have access to criminal record (cannot be asked if you were arrested)

33
Q

Section 20.1

A

Risk determination factors

34
Q

Risk determination factors

A

okay to use age, sex and civil status for rates of pensions deemed non-discriminatory if on the basis of risk factors based on data

35
Q

Section 49

A

Special and interpretative provisions

36
Q

Special and interpretative provision

A

any unlawful interference with any rights or freedoms recognized by charter entitles the victim to get cessation of the interference(Make it stop) and compensation (damages)

37
Q

Compensation

A

for moral (dignity, humiliation) and material (monetary) injury

38
Q

Punitive

A

this is one of the few exception in QC law

39
Q

Punitive damages serve two purpose

A

punish the wrongdoer

set an example so that others in the community will not act in the same way

40
Q

Other interpretative sections of charter

A

section 52, 53, 54, 55, 86

41
Q

section 52

A

no provision of any act can derogate section 1 to 38, except if those laws say they exist despite the charter

42
Q

section 53

A

intent of the charter

43
Q

intent of the charter

A

if any doubt arise the intent should be used to render decision: protect human and balance rights between individuals and society

44
Q

Section 54

A

binds the government

45
Q

section 55

A

jurisdiction of QC

46
Q

Section 86

A

affirmative action programs

47
Q

CCQ s.6

A

Good faith

48
Q

CCQ s.7

A

Reasonable manner

49
Q

CCQ s.8

A

Renouncing rights

50
Q

CCQ s.9

A

Public order

51
Q

Good faith

A

obligation exercise rights in good faith: cannot with intent to injure another

52
Q

Renouncing rights

A

a person may only renounce his civil rights to the extent consistent with public order (only the rules from the code with supplement intention)

53
Q

Public order

A

where a law is deemed in the best interest of society, all parties must respect and cannot voluntary give up rights

54
Q

Why should a company adopt affirmative action program

A
  • ethical duty to help correct historical wrongs
  • Ensure that work force better reflects ethical and social diversity of community
  • promote public image
  • beenfit from gov incentive program
55
Q

Reverse discrimination

A

a possible legal recourse where an affirmative action program has not been properly applied

56
Q

To judge on reverse discrimination

A

Person has actual skills, + program in place and properly applied

COMM 315 (4 decks)

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