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?
What Aristotle test is based on the principle that “things that are alike should be treated alike.”?
Similarly Situated Test
What is another name for “Formal Equality?”
Mechanical Equality
What is another name for “Mechanical Equality?”
Formal Equality
Read statement: “Applies the law in a uniform way, treating all people the same regardless of differences. This approach can fail to address deeper social inequalities.”
Based from the statement, what is the term?
Formal equality
What test implies that claimants belong to a group that would receive the legal benefit if they did not possess the disqualifying characteristic?
“But For” Test
Situation: A law mandates that all public facilities must be accessible to people with disabilities, but does not provide additional resources or accommodations beyond basic accessibility requirements.
What type of equality is this, given that the law applies the same standard of accessibility to all facilities without addressing varying needs for different types of disabilities?
Formal equality
A public service organization offers its services to everyone in the community equally, without any special accommodations for individuals with disabilities.
What type of equality is this?
Formal Equality
A school provides extra tutoring and resources to students from low-income families to help them perform at the same level as students from wealthier backgrounds.
What type of equality is this?
Substantive Equality
______________________ “applies the law in a uniform way, treating all people the same regardless of differences. This approach can fail to address deeper social inequalities.” (FILL IN THE BLANK)
Formal equality
What term refers to a group of individuals who receive legal benefits, privileges, and resources that another group does not, creating a “but for” comparison?
Comparator Groups
____________________ understands that people have different circumstances and needs. It aims to adjust legal treatment to account for these differences, ensuring that disadvantaged groups receive the accommodations they need for true fairness. (FILL IN THE BLANK)
Substantive Equality
What theoretical perspective refers to the interconnections or relationship between individual experiences, and larger societal patterns, trends, or forces?
Sociological Imagination
Who was the individual who coined the theoretical perspective known as or referred to as “Sociological Imagination”?
C. Wright Mills
What theoretical perspective suggest that social institutions (like family and education) play crucial roles in maintaining societal equilibrium, and that social problems often arise from institutional failures during times of change?
Functionalism
What theoretical perspective views society as a complex system whose parts work together to promote stability and social order?
Functionalism
Define Functionalism, Write answer
views society as a complex system whose parts work together to promote stability and social order?
Define The “Sociological Imagination”?, Write answer
Refers to the interconnections or relationship between individual experiences, and larger societal patterns, trends, or forces?
Why does Marx believe a capitalist society is built on conflict?
a) Because of inequality between races
b) Due to the competition between businesses
c) Because of the inherent conflict between the bourgeoisie and proletariat
d) Due to struggles between nations
c) Because of the inherent conflict between the bourgeoisie and proletariat
According to Karl Marx, what drives the history of humanity?
a) Technological advancements
b) Class conflict
c) Religious beliefs
d) Political ideologies
b) Class conflict
Who co-authored The Communist Manifesto with Karl Marx?
a) Adam Smith
b) John Stuart Mill
c) Friedrich Engels
d) Max Weber
c) Friedrich Engles
What theoretical perspective refers to an analysis of politics and society, based in Marxian theory, that focuses on the historical and ideological forces that influence culture and human behaviour?
Critical Theory
Define Critical Theory, Write Answer
Refers to an analysis of politics and society, based in Marxian theory, that focuses on the historical and ideological forces that influence culture and human behaviour.
What theoretical perspective of social inequality is based on Marxist theory?
Critical Theory
What theoretical perspective refers to deregulation of global markets, largely through the reduction of state power?
Neo Liberalism
What theoretical perspective of social inequality refers a collection of varied groups struggling to dominate society and its institutions? And who was it coined by?
Conflict Theory, Karl Marx,
Which theoretical perspective of social inequality examines how gender inequality shapes women’s lives differently from men’s, focusing on how individuals often perform specific roles that define and influence their social activities?
Feminism
Define Feminism, Write Answer
Examines how gender inequality shapes women’s lives differently from men’s, focusing on how individuals often perform specific roles that define and influence their social activities.
Define Conflict Theory, Write Answer
Refers a collection of varied groups struggling to dominate society and its institutions.
What theoretical perspective of social inequality coined by “Kimberle Crenshaw” refers to describing the occupational implications of being both Black and a woman. It combines intersections of race and gender and helps us avoid making oversimplified generalizations?
Intersectionality
Which theoretical perspective of social inequality, coined by Kimberlé Crenshaw, refers to describing the occupational implications of being both Black and a woman, combining intersections of race and gender to avoid making oversimplified generalizations?
A) Conflict Theory
B) Functionalism
C) Symbolic Interactionism
D) Intersectionality
D) Intersectionality
Define, Neo Liberalism, Write Answer
It is known for as the economic face of capitalism, promoting the deregulation of global markets through less gov’t or state intervention
