Mana 298 - chapter 3 Flashcards
what are entrenched rights?
can only be changed only in the same way that the Act can be amended – agreement between the federal and provincial governments.
You cannot change, you have to amend the constitution
what are protected rights
Fundamental freedoms: religion, expression, press, media – publishing information critial of the government.
Democratic rights: right to vote for elected member of the house of common and national assembly, right to be qualified to stand for election (allowed to “play a meaningful role”
Mobility rights: right to move, live in any part of Canada and leave.
Legal rights: right to life, liberty, freedom and security but no euthanasian or assisted suicide (protection against unreasonable search)
Equality rights: equal treatment in law and to protection against discrimination.
Official languages of Canada: english and french, right to communicate in any of these languages
Minority language education rights: right of children to be educated in either French or English in any province (based on mother tongue of the parents).
what are the protected rights for quebec charter
Fundamental freedoms and rights:
Right, one’s physical protection – ability to make their own choices free of other government influence
Freedom to believe in any religion
Property is also protected as part of personal rights.
Right to life and security
Right to assistance
Freedom of expression
Safeguard of dignity and privacy.
Right to equal recognition and exercise of rights and freedoms
Right to be nullified or diminished
No one may harass or incite discrimination against a person
No one should be restricted from accessing public transportation or a public space.
Employment rights are also protected – interviews, hiring, training.
Political rights
Right of every person to be heard by their legislators in matters of concern
Right to vote and present themselves
Judicial rights
Right to a fair and impartial hearing by a tribunal
Economic and social rights
Provides economic and socia protections
Children: security ,free public education
Employees: reasonable and safe working conditions
Spouses: equal authority and obligations to each other
Aged persons: security and protection from exploitation.
If the individual is a public person : politician , celebrities, public figures.
what are the legal resources for the victim upon infringement?
Asking court for an injunction – ordering the offending party to stop an ongoing violation
Receiving compensation for moral, material damages
Punitive damages when its intentional
what is part of the civil code of quebec?
Enjoyment and exercise of civil rights
Ability to exercise all civil rights
Patrimony: sum of a person’s property value minus any obligations and personal rights that include life, integrity, reputation and privacy.
It cannot be for bad faith or purpose of causing others harm.
Integrity of the person - protected from interference, consent is valid only if given freely.
Care
Right to refuse any medicale care
Given by force if the person is incapable of given consent.
Care for a minor is authoried by a tutor
Respect of children’s rights
Respect of reputation and privacy
Change of name
Change of designation of sex
