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
•Section 36 (1) of the new charter guarantees that tax monies will be distributed so that all Canadians will enjoy the same level of success
•Principle of Equalization
•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 in Vocational Activities
•A shift of responsibility in a criminal case such that the defense must prove aspects of the case rather than the crown
•Also provide an example of when this may be done
•Reverse Onus Provision
•What is the difference between mediation and conciliation?
•Mediation – 1st mechanism used to resolve HR complaints. It is where a 3rd party, usually called a “mediator,” facilitates the settlement of an argument between two or more parties
•Conciliation – a voluntary method of settling disputes whereby a neutral 3rd party assists the parties involved to identify and discuss the issues, and then to resolve the conflict (more forceful)
•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 and explain 3 options that SCC has when they have deemed a law “unconstitutional”
•Strike down law (abolish law)
•Reading down – narrow the interpretation
•Reading in – legislation will stand and court will not have to strike it down
•Time limit to change law
•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 are 3 legal remedies offered in s.24 of the Charter?
•Injunction – court order requiring a specified party to take or not take a particular action
•Damages - $$$$$$$$$
•Stay of proceedings – court stops proceedings
•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 3 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)
•Bona Fide Occupational Requirement:
•A qualification that would normally be considered discrimination but it necessary for proper or efficient job performance