Untitled Deck Flashcards
What is the focus of Chapters 4-6?
History of Human Rights and the Development of Canada’s Constitution and Charter.
What does the Statute of Westminster pertain to?
It pertains to the legislative independence of the British dominions.
What is the significance of Quebec in relation to the Constitution?
Quebec is recognized as a distinct society within Canada.
How is legislation made in Canada?
Legislation is made through a process involving proposal, debate, and approval by Parliament.
What are the limitations of the Charter?
The Charter has specific limitations that can restrict certain rights under defined circumstances.
What is the notwithstanding clause?
The notwithstanding clause allows Parliament or provincial legislatures to pass laws that may operate despite certain Charter rights.
What types of freedoms are protected under the Charter?
The Charter protects various freedoms, including freedom of expression, assembly, and religion.
What does OHRC stand for?
Ontario Human Rights Commission.
What are CSOT and PT in relation to the Charter?
CSOT refers to the Canadian Society of Occupational Therapists, and PT refers to Physical Therapy, both relevant in the context of the Oakes Test.
What is the Oakes Test?
The Oakes Test is a legal test used to determine if a law that limits Charter rights can be justified.
What are the four key Charter questions?
The four key questions assess whether a right has been infringed, if it is a reasonable limit, and the justification for the limitation.
What remedies are available for a Charter Challenge?
Remedies can include striking down legislation, declaring a law invalid, or providing other appropriate relief.
When does the Charter apply versus the OHRC?
The Charter applies to government actions, while the OHRC applies to discrimination in various contexts.
What are the prohibited grounds of discrimination?
Prohibited grounds include race, gender, age, disability, and sexual orientation.
What types of discrimination exist?
Types of discrimination include direct, indirect, systemic, and harassment.
What is the issue of Separate School Funding?
Separate School Funding refers to the funding of religiously affiliated schools, particularly in relation to public funding.
What should you review for the test?
Review all tasks 2.0-2.12, create a physical chart, read the textbook, and know the cases.
What cases should you know for the test?
Know details and decisions of the cases: Halpern, Oakes, Keegstra, Andrews, Zylberberg, CAS, Zundel, Morgentaler, and Vriend (only if in textbook).
