Unit Test 2

Question 1

Section 1

Answer 1

Guarantees our rights and freedoms while making it clear that these rights and freedoms are not absolute but are subject to “reasonable limits”.

Question 2

Section 23

Answer 2

Guarantees the right of English-speaking and French-speaking minorities in any province to have their children educated in their language, provided sufficient numbers warrant it.

Question 3

Section 24

Answer 3

Outlines the remedy available to individuals whose Charter rights have been infringed or denied, allowing them to seek appropriate and just relief from a court of competent jurisdiction.

Question 4

Section 25

Answer 4

Protects the rights of Aboriginal peoples in Canada, including Indians, Inuit, and Metis. The intention is to protect the culture, customs, traditions, languages, and other rights or freedoms pertaining to Aboriginal peoples.

Question 5

Section 27

Answer 5

Upholds Canada’s interests in respecting and preserving the cultural differences among Canadians.

Question 6

Section 28:

Answer 6

Guarantees that the rights and freedoms outlined in the Charter are equally guaranteed to male and female persons, ensuring gender equality within the context of the Charter.

Question 7

Section 33:

Answer 7

Allows Parliament or provincial legislatures to temporarily override certain Charter rights (sections 2, 7-15) for a limited period, subject to renewal. Also known as the “notwithstanding clause.

Question 8

Rights:

Answer 8

an entitlement that citizens can expect from their government. For example, the right to a fair trial.

Question 9

Inalienable Right:

Answer 9

entitlements that are guaranteed and cannot be surrendered or transferred to another. Example, equality and liberty

Question 10

Supreme Court of Canada:

Answer 10

the highest court of appeals in Canada; also deals with constitutional questions referred to it by the federal government.

Question 11

Franchise:

Answer 11

the right to vote

Question 12

override

Answer 12

to prevail

Question 13

Judges

Answer 13

the court official appointed to try cases in a court of law and to sentence convicted persons

Question 14

Abrogate

Answer 14

to abolish or annul a law

Question 15

Entrench:

Answer 15

to place within for protection; in constitutional law, to protect or guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution.

Question 16

Derogate

Answer 16

to take away or detract from

Question 17

Invoke:

Answer 17

to put a law into effect

Question 18

Freedom

Answer 18

the right to one’s affairs without government interference

Question 19

Constructive Discrimination:

Answer 19

Employment policies that inadvertently exclude certain individuals, resulting in discrimination.
Sometimes, seemingly neutral requirements for employment might lead to constructive discrimination
Example: In the past, police departments had a minimum height requirement that effectively excluded most women and many minority groups.

Question 20

Direct Discrimination:

Answer 20

Refers to discrimination that is practised openly such as refusing service of employment to someone simply because of his or her membership in a particular group.

Question 21

The Canadian Human Rights Act prohibits discrimination on:

Answer 21

Race
Color
National or ethnic origin
Religion
Age
Sex or gender (including pregnancy and childbearing)
Marital or family status
Physical or mental disability
Pardoned criminal conviction
Sexual orientation

Question 22

Accommodation (workplace)

Answer 22

to eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job
Ex: if an employee is unable to work on a particular day because of religious beliefs, the employer must try to resolve this conflict in a way that satisfies both parties.

Question 23

Notwithstanding Clause

Answer 23

Section 33 of the Canadian Charter of Rights and Freedoms which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss.7 to 15 of the charter, The Notwithstanding Clause

Question 24

Undue Hardship

Answer 24

The result of a change that would affect the economic viability of an enterprise of produce a sustainable health and safety risk that outweighs the benefits of accommodating someone
Ex: suppose a girl has a physical disability and is required to carry boxes up a flight of stairs. This would be considered an undue hardship to expect the employer to install an elevator just to accommodate her. These accommodations help her and her employer suffer no undue hardship.

Question 25

Poisoned environment

Answer 25

An uncomfortable or disturbing atmosphere created by negative comments or the behaviour of others
Ex: A female employee might be subjected to a poisoned environment if she constantly hears disparaging comments from male co-workers such as “women just aren’t as capable as men.” As with harassment, it is the responsibility of the work employer to ensure that a poisoned environment does not exist in the workplace.

Question 26

Bona fide

Answer 26

occupational requirement
A qualified caption that would normally be considered discriminatory but is necessary for proper of efficient job performance
Ex: Mandatory retirement age: Airlines and bus companies may have mandatory retirement ages for safety reasons