Section A: Development of Rights and Freedoms
Human Rights in Canada based on the British system were based on which THEORY?
The Reductionist theory
What year was the Charter entrenched with the Constitution Act?
1982
In Ontario, all laws must align with the Ontario Human Rights Code and its human rights protections.
True!
Your rights and freedoms under the Charter can be limited under two sections, what are these 2 sections? (Section # and Name)
Section 1: Reasonable Limits Clause
Section 33: Notwithstanding Clause
When is Ms. M's birthday month
June!
Gemini
The Canadian Bill of Rights was created by which Prime Minister?
Prime Minister John G. Diefenbaker
What is the name of sections 7-14 of the Charter?
Hint: ________ rights
Legal rights
How many social areas and protected grounds exist to prohibit discrimination in the Ontario Human Rights Code?
5 social areas
17 prohibited grounds
True or False: The SCC created four criteria to determine if it is justified to limit a right or freedom; at least two of the four must be met.
False! All 4 criteria must be met
What is the name of the case involving the police flying a plane with a heat sensor over someone's home to gather evidence?
R v Tessling
Name this term: guaranteed natural rights that cannot be transferred or taken because they are part of our intrinsic human nature.
Inalienable Rights
What is the name of Section 2?
Fundamental Freedoms
Who is a complainant and respondent in a Human Rights case?
Complainant: the person who files the complaint and was discriminated against.
Respondent: the person who was accused of discriminating against the complainant
What is the name of the test that allows the courts to limit your Charter rights?
(Hint: it is the name of a precedent R v ___ case)
The Oakes Test
Name a Canadian law of the day you found interesting/still remember?
A whole bunch (I hope)
The Charter fixed TWO aspects of the Canadian Bill of Rights, what were these two changes?
(1) Applies to all levels of government
(2) Cannot easily be changed, constitutionally entrenched
What Charter Section # is your right against arbitrary detention/imprisonment
Section 9
Name one difference between the Charter and the Ontario Human Rights Code?
Level of law (all levels v provincial)
Focus (protection v anti-discrimination)
Scope (laws and governments v ALL)
Name one of the 7 key cases discussed in class and the section of which Freedom/Right was limited?
R v Saggau - S.1 and S8
R v Fearon, R v Mann, R v Atkinson, R v Patrick - S.8
R v Big M Drug Mart Ltd. - S.2
Dagenais v CBC Broadcasting S.2 v S.11
Why did the lawyer bring a pencil to court?
To draw conclusions :)
One of the protections from the Bill of Rights and the Charter was the right to franchise. What is the franchise?
Anything from Section 1-15.
Name the 9 steps in the human rights complaint process.
Complaint, response, reply, mediation, investigation, report, conciliation, no settlement, hearing.
Federal or Provincial government can use the Notwithstanding Clause to create laws that limit/infringe on your Rights and Freedoms, these short-term laws can only limit which Charter sections?
Section 2, 7-15.
Name ANY 2 cases we have discussed from Unit 1 or Unit 2.
R v Dudley and Stevens, R v Lavell, R v Tessling, R v Patrick, R v Atkinson, R v Mann, R v Saggau, R v Big M Drug Mart Ltd., R v Fearon, Dagenais v CBC Broadcasting, R v Oakes