Unit 1: The Concept of Equality and The Canadian Charter of Rights & Freedoms Flashcards
What term refers to or signifies an “qualitative relationship” recognizing the similarities between people, object and situations in one or more ways?
Equality
Explanation:
-. In this context, equality refers to the comparison of different entities based on shared characteristics.
- Ensuring they are treated similarly in those specific respects while acknowledging that they may differ in other areas.
What term refers to the principle that all individuals are entitled to dignity, respect, and fair treatment under the law?
Equality
What term within legal studies and sociological lenses is an contested concept?
Equality
What does the term “Equality” mean? Please Explain in Detail
Refers to the principle that all individuals are entitled to dignity, respect, and fair treatment under the law
Which section of the Canadian Charter of Rights and Freedoms outlines equality?
Section 15
What was the first equality case to reach the Supreme Court of Canada that set the direction for interpreting Section 15 of the Canadian Charter of Rights and Freedoms?
Andrews v. Law Society of British Columbia:
What case challenged Section 15 of the Charter of Rights and Freedoms, arguing against the requirement of Canadian citizenship for admission to the Law Society of British Columbia?
Andrews v. Law Society of British Columbia:
What was the first case to reach the Supreme Court of Canada concerning equality rights under Section 15 of the Charter of Rights and Freedoms, and which shaped future interpretations of equality rights?
a) R. v. Morgentaler
b) Andrews v. Law Society of British Columbia
c) R. v. Oakes
d) Law v. Canada
b) Andrews v. Law Society of British Columbia
What does Section 15 of the Canadian Charter of Rights and Freedoms outline?
A) Freedom of expression
B) The right to bear arms
C) Equality rights, including protection from discrimination
D) The right to vote
C) Equality rights, including protection from discrimination
What term refers to outlined grounds within the Canadian Charter of Rights and Freedoms that are protected from discrimination?
Enumerated Grounds
What term refers to outlined grounds within the Canadian Charter of Rights and Freedoms that are protected from discrimination?
A) Analogous Grounds
B) Enumerated Grounds
C) Substantive Equality
D) Formal Equality
B) Enumerated Grounds
The characteristics such as race, national or ethnic origin, color, religion, sex, age, mental disability, and physical disability, which are outlined in the Charter to protect against discrimination, are referred to as what type of grounds?
Enumerated Grounds
What grounds are non-exhaustive in the charter and why?
Analogous grounds are non-exhaustive.
These are grounds that courts have recognized over time through judicial interpretation. They are not listed in the Charter but are treated similarly because they also relate to personal characteristics.
What does the term “Enumerated Grounds”mean? Please Explain in Detail
The term “Enumerated Grounds” refers to outlined characteristics within the charter of Rights and Freedoms that are protected from any form of discrimination. Such as “Religion, Race, Sex. Mental or Physical disability, age, nationality, etc
What does the term “Analogous Grounds” mean? Please Explain in Detail
The term “Analogous Grounds” refers to specific characteristic not outlined within a document such as the charter or Rights and Freedoms but are still work protecting from any form of discrimination.
Please list characteristics/examples that would be associated with the term “Analogous Grounds”
marital status, sexual orientation, citizenship (or non-citizenship), and off-reserve residence for Indigenous people
Characteristics such as marital status, sexual orientation, citizenship (or non-citizenship), and off-reserve residence for Indigenous people, which are not explicitly outlined in the Charter but still deserve protection from discrimination, are referred to as what type of grounds?
Analogous Grounds
What term refers to a group of individuals who receive legal benefits, privileges, and resources that another group (the claimant’s group) does not?
Comparator Groups
What was the 1982 amendment of the Constitution?
it is the charter of rights and freedoms - Pierre Trudeau was the one who added it
What grounds within the study of equality is non-exhaustive?
Analogous Grounds
How does the principle of comparator groups create a “but for” test?Please Explain in Detail
The principle of Comparator Groups creates a “but for” test by comparing a privileged group of individuals who receive legal benefits with less privileged groups. It determines whether the less privileged groups would have received the same treatment if they had a certain characteristic. This creation of the “But for” test helps to identify discrimination and assess whether individuals are equally compensated or represented under the law. Are there equality rights being met or compromised?