Vocabulary
A legal and moral entitlement that citizens can expect from their government
The right to conduct one’s affairs without government interference
Rights and Freedoms
What is s. 33 of the Charter called? What does it outline?
Notwithstanding Clause 🡺 Allows federal + provincial governments to pass Legislation that is exempt from s. 2 to ss. 7 – 15 of the Charter
Created by Diefenbaker in 1960, First attempt to codify rights + Freedoms in Canada.
Canadian Bill of Rights
Guaranteed entitlements that cannot be transferred from one person to another
Inalienable Rights
To protect and guarantee a right or freedom by ensuring that it can be changed by an amendment to the Constitution.
Entrench
List 2 democratic rights listed in the Charter.
Citizen vote in an election
Elect a new gov’t every 5 years
Hold an assembly once a year
Identify the 5 areas that the OHRC protects Individuals from discrimination
Contracts, Goods + Services, Employment, Accommodation + Occupancy, Involvement / membership in Vocational Activities
Identified within S. 2(a) of the charter; refers to the ability to spread ideas widely without persecution.
Dissemination
What is the difference between discrimination, prejudice and stereotyping?
Discrimination: Action or Behavior stemmed from prejudice
Prejudice: Judgment based on irrelevant considerations or inadequate knowledge
Stereotype: Judgments based on exaggerated characteristics about groups applied to individual
What is S. 2 of the Charter known as? Identify its 4 components + give a case discussed in class that deals with it.
Fundamental Freedoms
a) Religion + Conscience
b) Expression
c) Peaceful Assembly
d) Association
Compare + Contrast following terms:
Direct Discrimination, Constructive Discrimination and Systemic Discrimination
Constructive: employment policies that inadvertently exclude certain individuals, resulting in discrimination
Direct: an overt act of discrimination
Systemic: patterns of behavior, policies or practices that are part of organization, which create disadvantage for racialized persons
Listed within S. 6 (Mobility Rights) of the Charter; surrendering an accused person to another jurisdiction to stand trial.
Extradition
Identify the difference between a respondent and complainant?
Respondent: the person or organization that the complainant alleges committed discrimination
Complainant: the person making an allegation of discrimination
What is s. 15 of the Charter? What rights does it outline?
Equality; equal before + under the law;
Equal protection + benefit of law; applied equally without discrimination
Identify the relationship between the terms: Accommodation + Undue Hardship
A: eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job
UH: The result of a change that would affect the economic validity of an enterprise or produce a substantial health + safety risk that outweighs the benefit of accommodation.
Legally compelling unless disproved by contrary evidence
Prima Facie Case
What legal rights our outlined in s. 12- 14 in the Charter?
12- Cruel + Unusual Punishment
13- Rights of Witnesses in Court
14- Right to Interpreter
Identify + Explain the 5 legal rights that the Charter outlines in s. 7-11 with regards to our treatment in criminal law.
7- Life, Liberty + Security of Person
8- Unreasonable Search + Seizure
9- Arbitrary Detention or Imprisonment
10- Rights Under Arrest
11- Rights When Charged w/ A Criminal Offense
List 4 Remedies that are available when Discrimination occurs
Ordering person to stop discrimination
Issuing a letter of apology
Pay Complainant for mental anguish or loss of pay or benefits
Employer must give back job
Anti-discrimination training for employees
Define the term Bona Fide Occupational Requirement; + Give an example of a case that demonstrates it (not discussed in class)
A qualification that would normally be considered discrimination but it necessary for proper or efficient job performance