The Charter of Rights and Freedoms/ Canada’s Constitution
What section can override all other sections?
Section 1 can override all other sections
What is a function of law?
A function of law is what a law does for us as citizens
Under Substantive law what are the 2 sections called?
Public and Private law
Define the word Quasi?
Quasi means partly or almost in the sense of something being true or illegal
How do human rights differ from civil rights?
Human rights differ from civil rights in that they refer to the relationship between private individuals
Which right come before gender, race, age, belief, and family status?
Civil Rights come before all of the listed rights
What are the 5 functions of law?
Establish rules of conduct, provide a system of enforcement, Protect rights and freedoms, protect society, and Dissolve disputes
What is Procedural law?
Procedural law is the process involved in preserving the rights under substantive law
What is the difference between Mens rea and Actus rea?
Mens rea explains a person’s intent to commit a crime while Actus rea explains the external element or objective of a crime
What is an example of something that breaks human rights laws?
Discrimination breaks human rights legislation
What must happen in order to change the constitution?
In order to change the constitution; parliament must consent to the change and two-thirds of the provinces and 50% of the population must agree to the change
Why do we have/need laws?
Laws make a clear understanding of what is expected of you and how to behave
What is the difference between a plaintiff and a defendant?
A plaintiff is a person or company that initiates the lawsuit/action. A defendant is a person or company the plaintiff is suing
What is the difference between strike down and re down?
Strike down is when the court says something is illegal and removes it. Re-down is when laws are changed or modified for a specific circumstance
What is the difference between intentional discrimination and unintentional discrimination?
Intentional discrimination refers to discriminatory acts that are purposefully perpetrated by a person or organization. Unintentional discrimination refers to discriminatory acts that are not purposeful because the discriminator was not aware that their comment/action was discriminatory
In the case of Hunter v. Southam Inc which Charter rights were gone against?
Southam Inc challenged this act by saying it went against the right to be secure against unreasonable search or seizure
What is an exception to protecting your rights and freedoms?
Your freedom of expression does not allow you to verbally harass someone
What are the 3 types of law under Public law?
Criminal law, constitutional law, and administrative law
What is the rule of the Magna Carta?
Magna Carta guarantees habeas corpus which says that ‘you the person’ have the right to be in front of a judge within a fair amount of time after you are charged
When was the Canadian Human Rights act created and what does it protect?
The Canadian Human Rights Act was put into effect in 1977, it ensures that all Canadians are treated equally and fairly in federal manners
What are the 3 things a law must include for it to be considered reasonable to restricting a Charter Right or Freedom?
1.Puts in place an important government objective 2.There is minimal restriction on rights and freedoms 3.The law is clear and sets the exact expectation
What are two ways that disputes can be settled?
Disputes can be settled through negotiation or through the court system
What are the 5 types of law under Private law?
Family law, tort law, contract law, property law, and labour law
What was the name of Canada’s first constitution and when was it created?
Canada’s first constitution was called The British North America Act and was created on July 1, 1867
What is a court called used to deal with these issues?
A tribunal is a type of court of justice, could be used when dealing with human rights violation