Part B (Definitions) Flashcards
Discrimination
The act of treating individuals or groups differently not based on relevant differences
there are 3 basic principles in the Rules of law
- Ability to defend yourself in court.
- We can expect the person making the decision, the judge or government official, is free to make what he or she feels is the right decision.
- We can expect the decision to be fair, reasonable, and rational.
Responsible Government
the people we elect to make laws and govern us are responsible for us. If we are not satisfied with the laws they pass, then we, as members of society, can vote someone else we think will do a better job.
Similarly situated test
Applies to the rights of those who are similarly situated to be treated in a similar way
Equality under the law
Concerned with the equal treatment in the content of the law, it guarentees people equal treatment within a similallry situated test in the administration of the law.
Equality before the law
Equality in the administration of the law (procedure law). Is to be determined while comparing an individual with the rest of society and not a certain class of persons
1899 Sparrow vs. Johnson – pre-charter human rights case
A black man and woman were refused seats in the orchestra section of the theatre
The court awarded damages to the plaintiff not of the grounds of racial discrimination but on the grounds of breach on contract
Discrimination was not a factor in the first human rights pre charter
British North America Act
Christie v York Corp (1940)
Christie v York Corp (1940): Fred Christie, a Black man, went to a tavern in Montreal owned by York Corporation and attempted to purchase beer.
The tavern refused to serve him solely because of his race, despite the fact that he had been served there on previous occasions.
Christie sued, arguing that the refusal was discriminatory and violated his rights as a paying customer.
The trial court ruled in Christie’s favor, but the decision was overturned by the Quebec Court of Appeal.
The case was then taken to the Supreme Court of Canada. Where it ruled against Christie,It was found that section 19 and 33 of the Quebec License Act was not violated since the law only applies to Travelers and Christy was a citizen