Unit 2 - Terms Flashcards
The section that confirms that the rights listed in the Charter are guaranteed.
Section 1
A legal test for determining if a limit to a Charter right is justified and reasonable
Oakes test
To protect and guarantee a right where the only way to change that right is to amend the constitution.
Entrench
The transfer of the Canadian constitution from UK to Canadian responsibility.
Patriation
A legal, moral or social entitlement that citizens can expect from the government
Rights
The right to conduct your affairs without government interference.
Freedoms
Groups that are smaller in number compared to the whole.
Minority
The greater number, totalling more than half of the total.
Majority
Fundamental rights and freedoms to which all people are entitled: the right to receive equal treatment, to be free from discrimination and harassment, and have equal access to places, services, and opportunities.
Human Rights
An individual is treated in an unfair or unequal way because of a factor such as race, religion, or disability.
Discrimination
Is treating everyone the same.
Equality
It is the threshold that a peace officer must satisfy before certain powers can be employed, which includes arrest and searches.
Reasonable Grounds
A key Clause; Section 1 of the Charter, recognizes that Charter rights and freedoms are not absolute, and not guaranteed to such an extent that they may never be limited.
Reasonable Limits Clause
A legal document that protects people in Ontario against discrimination based on the grounds and areas to which the discrimination took place.
The Ontario Human Rights Code
Found under Section 33 of the Charter and allows governments to declare that a particular action or law operates “in spite of” a right or freedom in the Charter of Rights and Freedoms.
The Notwithstanding Clause
