Unit 2 (Law)

Question 1

What section(s) of the Charter regard Fundamental Freedoms?

Answer 1

Section 2 (s. 2)

Question 2

What section(s) of the Charter regard Democratic Rights?

Answer 2

Sections 3, 4, and 5 (ss. 3-5)

Question 3

What section(s) of the Charter regard Mobility Rights?

Answer 3

Section 6 (s. 6)

Question 4

What section(s) of the Charter regard Legal Rights?

Answer 4

Sections 7, 8, 9, 10, 11, 12, 13, and 14 (ss. 7-14)

Question 5

What section(s) of the Charter regard Equality Rights?

Answer 5

Section 15 (s. 15)

Question 6

What section(s) of the Charter regard Official Languages Rights?

Answer 6

Sections 16, 17, 18, 19, 20, 21, and 22 (ss. 16-22)

Question 7

What section(s) of the Charter regard Minority Language Education Rights?

Answer 7

Section 23 (s. 23)

Question 8

What is the blueprint for human rights laws made by the United Nations?

Answer 8

The Universal Declaration of Human Rights (UDHR), 1948

Question 9

Is the UDHR legally binding on all nations?

Answer 9

No, it is simply a blueprint for human rights laws

Question 10

What is a freedom?

Answer 10

An action considered so fundamental it should very rarely be limited/denied

Question 11

What is a right?

Answer 11

Something granted by legislation

Question 12

When was the Canadian Bill of Rights passed and under who?

Answer 12

The Canadian Bill of Rights was passed in 1960 under prime minister Diefenbaker

Question 13

What did the Canadian Bill of Rights achieve?

Answer 13

The Canadian Bill of Rights codified many rights ans freedoms already recognized in common law

Question 14

What are two important weaknesses of the Canadian Bill of Rights?

Answer 14

1. It is a federal statute, therefore it only applies to federal jurisdiction
2. It is a statute law, therefore it can repealed or amended by the federal government at any time

Question 15

Where can the Charter of Rights and Freedoms be found?

Answer 15

The Charter of Rights and Freedoms is entrenched into the Constitution Act, 1982

Question 16

What is a benefit of the Charter being entrenched in the Constitution?

Answer 16

It is difficult to change the Charter and it applies to all levels of government

Question 17

What matters must abide by the constitution and the Charter?
Hint: What sections are there that state what applies to the Charter?

Answer 17

All federal [s. 32(1)(a)] and provincial [s. 32(1)(b)] laws/matters

Question 18

What does the Charter of Rights and Freedoms govern?

Answer 18

The Charter of Rights and Freedoms governs the relationship between the state (the federal/provincial governments) and an individual/organization

Question 19

Does the Charter of Rights and Freedoms apply to private relationships?

Answer 19

No, because neither the federal nor provincial governments are involved, so the Charter does not apply

Question 20

What is section 33 (s. 33)?

Answer 20

The “notwithstanding” clause, allowing federal/provincial government to enact legislation that infringes on the Charter of Rights and Freedoms

Question 21

How can the federal/provincial government infringe on the Charter of Rights and Freedoms? How does it work?

Answer 21

The federal/provincial government must expressly state in the legislation that they are invoking section 33, and it can only stay in effect for 5 years (the “sunset” clause), which ensures a new government is voted in

Question 22

Under section 1, it contains a reasonable limits clause. What does this guarantee?

Answer 22

This guarantees your rights and freedoms which is subject to “reasonable limits”. Your rights and freedoms can be limited in certain situations where it is seen reasonable to be done.

Question 23

What does the “notwithstanding” clause apply to?

Answer 23

The clause applies only the the fundamental freedoms (section 2), legal rights (section 7-14), and equality rights (section 15) aspects of the Charter.

Question 24

Section 2 (s. 2) of the Charter of Rights and Freedoms grants Fundamental Freedoms. What are these freedoms?

Answer 24

Section 2 of the Charter lists the basic freedoms of all people in Canada. These are called the fundamental freedoms;
1. Freedom of conscience and religion.
2. Freedom of though, belief, opinion, and expression
3. Freedom of peaceful assembly
4. Freedom of association.
These freedoms are not absolute and can be subject to reasonable limits.

Question 25

What does the Charter of Rights and Freedoms protect?

Answer 25

The charter protect individual rights and freedoms in public matter between the government and individuals or organizations.

Question 26

What does the Ontario Human Rights Code protect?

Answer 26

Discrimination in 5 areas:
1. Services, good and facilities - including schools, hospitals, shops, restaurants, sports and recreation organizations and facilities.
2. Housing - the place where you live or want to live, whether you rent or own the premises.
3. Contracts - includes both written and oral agreements.
4. Employment - includes job ads, application forms, job interviews, work assignments, work environment, training, promotions, discipline, terminations, volunteer duties, etc.
5. Membership in vocational associations and trade unions.

Question 27

What are prohibited grounds for discrimination?

Answer 27

The code protects people based on the following grounds;
- Age
- Ancestry
- Citizenship
- Colour
- Creed
- Disability
- Ethnic Origin/Place of origin/Race
- Gender expression/Gender Identity
- Marital Status/Family Status/Sex/Sexual Orientation

Question 28

Define the Burden of Proof

Answer 28

The onus of bringing forth proof (evidence) to prove someone’s legal argument to the court.

Question 29

Define Entrenched

Answer 29

Fixed firmly or securely in law.

Question 30

Define Remedy

Answer 30

The way in which a wrongdoing is fixed by the court or other judicial body.

Question 31

Define Strike Down

Answer 31

To rule in court that a law is invalid and no longer in effect.

Question 32

Define Read Down

Answer 32

To rule in court that a law is generally acceptable, but a specific part of the law is invalid and thus removed.

Question 33

Define Read In

Answer 33

To add a term to a law that changes the law, but still allows the law to be upheld as constitutional.

Question 34

Define Infringed

Answer 34

Broken or violated, as in an agreement or right that is infringed.

Question 35

Define Discrimination

Answer 35

Treating individuals or groups unfairly or differently because such characteristics as race, sex, religion, age, or disability.

Question 36

Define Prejudice

Answer 36

A preconceived opinion of a person based on the person’s belonging to a certain group.

Question 37

Define Stereotyping

Answer 37

Judging, or forming an opinion of one person of a group and applying that judgment to all members of the group.

Question 38

Define Complainant

Answer 38

A person who makes an allegation of discrimination.
Intentional Discrimination; treatment of others that is unfair (on the basis of prejudice or stereotype) and on purpose.

Question 39

Define Unintentional Discrimination

Answer 39

Actions that appear to be neutral but that have the effect of discriminating against most members of a group.

Question 40

Define Bona Fide Occupational Requirement

Answer 40

A legitimate, reasonable necessity (requirement) of a job; a possible defence against unfair discrimination in hiring and other employment situations.

Question 41

Define Accomodation

Answer 41

Removing a barrier or changing a policy to avoid discrimination.

Question 42

Define Undue Hardship

Answer 42

A financial or health and safety risk that makes it impossible to accommodate complainant in a discrimination case.

Question 43

Grounds of Discrimination

Answer 43

Categories of types of discrimination protected by law.