History of the Law
a law passed by a legislative body
statute
What protection do witnesses have in court?
Cannot have their testimony used against them
When can a government limit your rights?
When it is demonstrably justified to do so
Three branches of government in Canada
Executive, legislative, judicial
Prejudice vs stereotyping
prejudice - groups to individuals
stereotyping - individuals to groups
a document that requires a person to be brought before a court to determine if their detention is legal
habeas corpus
What type of offenses carry a mandatory minimum sentence in Canada?
Weapons and murders, etc.
Landmark charter case which demands proper disclosure of all evidence to the defence.
R. V. Stinchcombe
Citation
When are employers not required to accommodate disabilities?
When it becomes an undue hardship on the employer
What are the three characteristics of laws?
1. established and enforced by the government
2. mandatory
3. have a detailed system of consequences
Three ways an unconstitutional law is remedied
1. strike down
2. read down
3. read in
Clause that overrides personal rights and freedoms and can only last for 5 years.
Notwithstanding clause
Recorded written decisions of judges
case law
Federal law that deals with protecting human rights
Canadian Human Rights Act (1977)
Division of law that outlines the steps involved in protecting your rights - eg. if police search you, they must follow rules.
Procedural law
What year was the Canadian Charter of Rights and Freedoms (part of the constitution act) passed?
1982
4 fundamental freedoms
Religion, expression, peaceful assembly, and association
4 things you are protected from in the workplace
sexual harassment
poisoned environment
accommodation
undue hardship
discrimination based on a requirement necessary to carry out a job effectively
bona fide requirement
Give 2 of the five functions of law
1. Establish rules of conduct
2. System of Consequences
3. Protect rights and freedoms
4. Protect society
5. Resolve disputes
List 5 of your rights when charged with an offense
1. The right to be told what the charges are without unreasonable delay
2. The right to be tried within a reasonable time
3. Cannot be forced to testify in your own case
4. Cannot be denied bail without a good reason
5. Innocent until proven guilty
List 3 of your rights when arrested
1. to be informed of the reason for the arrest
2. to obtain counsel in a reasonable amount of time
3. appear before a judge to determine if the detention is legal (habeas corpus)
a legal decision that serves as an example and authority in subsequent similar cases
precedent
What are human rights cases resolved in?
A tribunal