Unit 2 - Human Rights Flashcards
How are human rights different from charter rights?
• charter governs the relationships between government and individuals
• human rights govern relationships between individuals
• charter is entrenched in constitution
• Sask human rights act is a law and there’s also a human rights code
• charter is harder to change because it’s entrenched in the constitution
• Supreme Court adjudicates charter rights and human rights commission adjudicates human rights
In what set of laws can our human rights be found in Saskatchewan?
The Saskatchewan Human Rights Code
What is primacy?
Because the human rights are so important, the code takes precedent over other provincial laws.
What is the purpose of the saskatchewan human rights commission?
Protect, discourage, and investigate against discrimination
What is discrimination?
Prejudice + action
It is against the law to be discriminated against on what grounds?
• Religion
• creed
• marital status
• family status
• gender
• disability
• age (18+)
• colour
• ancestry
• nationality / place of origin
• race or perceived race
• receipt or public assistance
Where are your human rights protected?
• place of work
• education
• housing
• public services (hotels, restaurants)
• unions
• signs, notices, advertisement for public display
What can the human rights commission do if they feel you have been discriminated against?
The 3 remedies
What are the criteria for “reasonable accommodation”?
• does not cause undue financial hardship or distress
• not deprive others of their rights (safety and security of person)
• does not interfere with the primary objective or purpose of the business/program
Difference between complainant and respondent
A Complainant is a person who makes a complaint to the Human Rights court of appeal
The Respondent is the the person who is accused in, or is responding to, the complaint.
What is the job of the Saskatchewan court of appeal?
If you have a problem with a ruling you go to them
What are the remedies for human rights offences?
• Verbal or written apology
• reimbursement for lost rights or opportunities
• compensation of lost wages
What does human rights legislation cover?
• Human rights are protected
1) Provincially -> Sask human rights code
2) federally -> Canadian human rights act