Lesson 3 Flashcards
Section 10
Right to full and equal recognition and exercise of their human rights and freedom without distinction, exclusion or preference
section 10 discrimination based on
race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political conviction, language, ethnic, social condition, handicap
Discrimination exists where
distinction exclusion or preference has the effect of nullifying or impairing such right (closed list)
No presumption of discrimination
burden of proof on the victim to prove she has been discriminated against
section 10.1
harassment: nobody can harass you based on ground listed in s.10 (verbal or electronic)
Section 11
Signs, symbols and notice
Signs, symbol and notice
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
Limitation of expression
while one has freedom to express, cannot use to justify discrimination
Section 12
Goods and services: no one through discrimination may refuse to make a judicial act concerning G&S ordinarily offered to the public
Example of section 12
cannot refuse to serve someone based on how they look
Accepted forms of payments vs. ability to pay
If someone tries to pay all ways don’t work, would you accept a cheque? not discrimination because they demonstrated they have non money
Section 13
Contractual clauses
Contractual clauses
no one may in a juridical act stipulate a clause involving discrimination
If contractual clause discriminates
it will be deemed without effect
Section 15
Public places
Public place
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
Loitering
a shopping centre invites the public to shop, they could reasonably ask you to leave
Under CCQ nuisance
obligation not to cause undo disturbance to others. Can then ask to leave if the nuisance is present and not to prevent it
s.16, 18.1, 20
Employment
Section 16
discrimination in terms of hiring, apprenticeship, duration of probationary period, vocational training, promotion, transfer, displacement, laying off, suspension, dismissal or
Section 18.1
in employment application, cannot ask the questions in s.10
Exception to s.18.1
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
Affirmative action program
gives preference to groups who have been historically discriminated against in the past
Section 20
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)
photograph one job application
convenience ok but to judge then no
Section 19
equal salary
equal salary
every employer must without discrimination grant equal salary and wages to personal who perform equivalent work
why equivalent and not equal?
hard to define equal because a job is done differently
Section 18.2
Criminal record
Criminal record
no one may dismiss, refuse to hire or otherwise penalize a person in their employment bc convicted
conditions for criminal record to not be discriminated against
if the offence is in no way connected to the employment OR pardon
Pardon
do not need to disclose, members of public cannot have access to criminal record (cannot be asked if you were arrested)
Section 20.1
Risk determination factors
Risk determination factors
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
Section 49
Special and interpretative provisions
Special and interpretative provision
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)
Compensation
for moral (dignity, humiliation) and material (monetary) injury
Punitive
this is one of the few exception in QC law
Punitive damages serve two purpose
punish the wrongdoer
set an example so that others in the community will not act in the same way
Other interpretative sections of charter
section 52, 53, 54, 55, 86
section 52
no provision of any act can derogate section 1 to 38, except if those laws say they exist despite the charter
section 53
intent of the charter
intent of the charter
if any doubt arise the intent should be used to render decision: protect human and balance rights between individuals and society
Section 54
binds the government
section 55
jurisdiction of QC
Section 86
affirmative action programs
CCQ s.6
Good faith
CCQ s.7
Reasonable manner
CCQ s.8
Renouncing rights
CCQ s.9
Public order
Good faith
obligation exercise rights in good faith: cannot with intent to injure another
Renouncing rights
a person may only renounce his civil rights to the extent consistent with public order (only the rules from the code with supplement intention)
Public order
where a law is deemed in the best interest of society, all parties must respect and cannot voluntary give up rights
Why should a company adopt affirmative action program
- 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
Reverse discrimination
a possible legal recourse where an affirmative action program has not been properly applied
To judge on reverse discrimination
Person has actual skills, + program in place and properly applied
