Unit 2: Human Rights Flashcards
Universal Declaration of Human Rights
- All humans are born free and equal in dignity and rights
- Everybody has the right to life, liberty, and security of the person
- No one should be held in slavery or servitude
Ontario Human Rights Code
- Designed to protect us from being discriminated against based on: “grounds of discrimination”
Race, colour, sexuality, place of origin, sex, gender identity, disability, martial status, ethnic origin, ancestry, record of offences, religion, age, citizenship, family.
5 areas we cannot be discriminated.
Employment Accommodation Contract Services, goods, facilities Membership in unions, trades, or professional association
Remedies available
Issuing apology
Paying lost wages or benefits
Paying mental wages
Section 7 CRAF
Everybody has the right to life, liberty & security of the person
Section 8 CRAF
Everyone has the right to be secure against unreasonable search or seizure
Section 9 CRAF
Everyone has the right to not be arbitrarily detained or imprisoned.
Section 10 CRAF
Upon arrest, everyone has the following 3 rights:
a) to be informed promptly of reasons
b) To retain and instruct council without delay and to be informed of that right
c) To have the validity of the detention determined by the way of habeus corpus.
Reasonable limits clause
Legally allows gov’t to limit individuals charter rights
Notewithstanding clause
Allows gov’t to override certain portions of charter
Fundamental freedoms
a) Freedom of conscience and religion
b) Freedom of thought, belief, opinion, and expression
c) Freedom of peaceful assembly
d) Freedom of association
Democratic Rights
Right to vote in election
Equality rights
Equality before and under law and equal protection and benefit of law
R v Keegstra
Teacher who taught kids holocaust was a hoax
brought challenge over freedom of expression
Hate speech causes harm to hate group and society
R v Sharpe
Charged with possession of child porn
Argued it violated freedom of expression
Ruled child’s right to protection
R v Jordan
Charged with trafficking narcotics
11(b) to be tried within a reasonable time
He waited 4 years, law was changed to 18 m (minor) and 30m - 2 1/2y (major)
R v Feeney
Feeney was a suspect for murder
Officer entered home without permission
Evidence was tossed and there was new trial without evidence
R v Ladoucer
searched without reason
on road without licence
licence was suspended
charged bc reasonable limits
Carter v Canada
Donna DeLorme’s lawyers argue preventing her death is infringing upon her right to liberty freedom and security of person.
Physician assisted death was legalized m.
R v Morgentaler
Set up illegal abortion clinics
Argues violates right to security of the person & equality
Act is ultra vires
Ford v Quebec
Wanted his sign in English but Quebec prohibited it
Quebec informed notwithstanding clause
Sauve v Quebec
Prisoner’s right to vote
Infringes sect 3 of charter
Prisoners can now vote
Multani v Commission Scolaire Marguerite
Wanted right to wear kirpan
Can be worn under clothes sewn into sheath.