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
The final step in the discrimination complaint process.
Human Rights Tribunal
commission staff will try to work with both parties to settle the dispute. If a settlement is reached, both parties sign an agreement and the matter is closed.
Mediation
An officer conducts an impartial investigation including interviewing witnesses and gathering documentary evidence for a discrimination case.
Investigation
The findings of an investigation are shown to the two parties who are against each other in a discrimination case in order to reach a settlement before the case goes to the Human Rights Tribunal.
Conciliation
Freedom of conscience would be considered this.
Fundamental Freedoms
Rights guaranteed to you under Section 15 of the Charter.
Equality Rights
You an attend either a French or English school in Ontario because of these sets of rights.
Language Rights
You can make a living in another province because of these sets of rights.
Mobility Rights
Section 3 - 5 deal with these sets of freedoms
Democratic Freedoms
Protecting rights such as having a fair trial or right to a lawyer is set out in S.7 to s. 14 of the Charter
Legal Rights
The action of sending a person accused or convicted of a crime back to the country to which the crime was committed.
Extradition
A crime such as murder or betrayal of one’s country. In the US, the death penalty can be included in the sentence.
Capital Offence
A body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
Constitution
Is giving everyone what they need to be successful.
Equity
Your Law Teacher!!!
Mr. De Cicco
