definitions sections of the charter presentation cases s & d & p human rights textbook cases...
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DefinitionsSections of
the CharterPresentation
Cases S & D & PHuman Rights
Textbook Cases
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DefinitionsSections of the Charter
Presentation Cases S & D & P
Human Rights
Textbook Cases
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$200
The right to receive equal treatment, to be free from discrimination and harassment, and to have access to
places, services and opportunities.
Human Rights
$400
Legally sufficient to establish a fact or case
Prima Facie
$600
The right to conduct one’s affairs without governmental interference
Freedom
$800
To place within for purposes of protection; in constitutional law, to protect or guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution
Entrench
$1000
Giving advantages to groups who have been discriminated against in the past
Affirmative Action
$200
Rights & Freedoms
What does Section 1 of the Charter guarantee?
$400
The rights and freedoms that it guarantees are not absolute, but are subject to
“reasonable limits.”
What does Section 1 make clear?
$600
April 17, 1982
What was the date the Charter of Rights and
Freedoms passed?
$800
Known as the notwithstanding clause, grants the federal and provincial governments limited power to pass laws that are
exempt from s. 2 and ss. 7 to 15 of the Charter.
What is Section 33 of the Charter of Rights and
Freedoms?
$1000
Link to slide 67
Daily Double
$200
A female: Justine Blainey and the Ontario Hockey Association
Who was involved in the case of Blainey V. Ontario Hockey Association?
$400
Freedom of Expression, Section 2b
What section of the Charter was argued in R. V.
Keegstra? Or the R. V. Zundel case?
$600
The Lord’s Day Act violates section 2 (fundamental freedoms – freedom of
conscience and religion) of the Charter
What was the charter right or freedom argued in R. V. Big
M Drug Mart?
$800
While Zundel violated section 181, by spreading false news, he was not convicted on the basis that it violated his freedom of
expression under section 2b
What is the importance of R. V. Zundel?
$1000
The abortion provision in the Criminal Code of Canada was found to be unconstitutional, as it violated a
woman’s right under section 7 to “security of person”
What was the reasoning behind the courts decision in
R. V. Morgentaler?
$200
Having an oversimplified, standardized, or fixed judgment of a group of people
What is a stereotype?
$400
A preconceived opinion based on a stereotype or inadequate information
What is prejudice?
$600
Making a distinction between people and treating them differently on a basis other
than individual merit
What is discrimination?
$800
Could be a variety of answers: All young people are irresponsible
Provide an example of a Stereotype
$1000
Could be a variety of answers: A coach thinks that all boys play better soccer than
girls
Provide an example of prejudice
$200
Any province!
Name the province that has an appointed commission to
administer and enforce human rights codes
$400
4%
What percentage of human rights cases go to a tribunal?
$600
The most serious part of an accusation
What is a Gravaman?
$800
Order the offender to stop the practice, issue a letter of apology, restitution for mental anguish and losses suffered, employment
reinstated, promotion granted, develop a program to relieve or assist disadvantaged to achieve equal opportunity in the organization,
provide human rights and antidiscrimination training for all employees, develop policies to eliminate discrimination and
harassment
Name 3 possible remedies that can be applied to a human rights case
$1000
The person making an allegation of discrimination. They must prove their case
and provide a description of events.
Who is the complainant and what is their role?
$200
Direct Discrimination: an overt act of discrimination
Tawney Meiorin argued she was a victim of __ in British
Columbia (P.S.E.R.C.) v. B.C.G.S.E.U. 1999
$400
The international statute of freedom of expression.
In 1993, the United Nations Human Rights Commission ruled that Quebec’s “French
Only” sign law violated what?
$600
Compensation for lost wages and employment benefits. Air Canada had to pay an additional amount to cover the income tax liability that
he incurred as a result of the monetary award. Air Canada had to provide a written apology. Air Canada had to pay an additional $4000
for pain and suffering
The Canadian Human Rights Commission ordered the following
remedies in Kanags Premakumar v. Air Canada: Name two of them
$800
Section 8 of the Narcotic Control Act violated the presumption of innocence contained in Section 11
of the Charter
What did Oakes argue after he had been found guilty of unlawful possession of a narcotic for the purpose of trafficking?
$1000
Two years. An accused person has a right to be tried within a reasonable period of
time.How long did it take for R. v. Askov to go to trial? Why is
this important?
$400
Persistent behaviour that violates the human rights of the victim
Harassment
$800
An uncomfortable or disturbing atmosphere created by the negative comments or
behaviour of others
Poisoned Environment
$1200
A qualification that would normally be considered discriminatory but is necessary
for proper or efficient job performance
Bona fide occupational requirement
$1600
Section of the Constitution Act which sets out constitutionally protected rights and
freedoms
Charter of Rights and Freedoms
$2000
Guaranteed entitlements that cannot be transferred from one person to another
Inalienable rights
$400
34
How many sections are there in the Canadian Charter of
Rights and Freedoms?
$800
The Supreme Court of Canada
Who is responsible for interpreting and enforcing the terms in the Charter of Rights
and Freedoms?
$1200
Everyone has a right to life, liberty and security of the person and cannot be deprived of these rights except in accordance with the principles of fundamental justice
What is included under Legal Rights (section 7) of the
Charter?
$1600
Governments cannot treat or punish individuals in an unnecessarily harsh
fashion
George Bush recently visited Vancouver. Some people think he is guilty of
violating section 12 of the Charter. What part of section 12 do people believe he is
guilty for?
$2000
Pierre Trudeau
What Prime Minister was in power when the Canadian
Charter of Rights and Freedoms was passed?
$400
The legislation did not include sexual orientation as a prohibited ground of discrimination
Why was Delwin Vriend prevented from making a complaint under the
Alberta Individual Rights Protection Act?
$800
The exception for sports teams violated section 15 (equality) of the Charter in a way that could not be
justified under section 1 (guaranteed rights) and struck down the provision that allowed male-only
sports teams in private organizations
What was the reason behind the courts ruling in Blainey V. Ontario Hockey
Association?
$1200
In 1985 Ernst Zundel was charged with “spreading false news” by publishing a pamphlet entitled “Did Six
Million Really Die?” in Canada, contrary to s. 181 of the Criminal Code.
What are the pertinent facts of R. V. Zundel?
$1600
High school teacher James Keegstra and The Supreme Court of Canada
Who was involved in R. V. Keegstra?
$2000
In a 5 to 4 decision, the Supreme Court upheld the provision of the Criminal Code of Canada that said assisted suicide was illegal. The debate continues.
What was the importance of Rodriguez V. British Columbia?
$400
Stereotype
“Irish people like to drink a lot” is an example of what?
$800
Prejudice
“A man believes his rich neighbour works harder than his poorer neighbour” is an
example of what?
$1200
Discrimination
“A woman in her 30’s in treated better than a woman in her 70’s by a store’s staff”
is an example of what?
$1600
Discrimination
“A police officer keeps a closer watch on a black teenager than a white teenager out in front of a store” is an example of what?
$2000
Prejudice
“A professor believes the older students in his first year university class are
smarter than the younger ones” is an example of what?
$400
ALL PEOPLE: Regardless of sex, race, color, language, national origin, age, class, religion or political beliefs
Who do Human Rights belong to?
$800
Direct result of the experiences of World War II
Why was the Universal Declaration of Human Rights adopted by the UN in 1948?
$1200
Discrimination based on: race, colour, national or ethnic origin, religion, age, sex, gender, martial and family
status, and sexual orientation, physical or mental disability, pardoned criminal convictions.
What does the Canadian Human Rights Act prohibit? Name 4 of
them.
$1600
All of them. They are subject to the Charter of Rights and Freedoms.
How many provinces have human rights codes?
$2000
The character or state of being universal; existence or prevalence everywhere meaning universal inclusiveness in scope or range and
relation, extension, or applicability to all
Define: Universality
$400
Conspiracy to commit extortion
What was Elijah Askov charged with in R. V. Askov?
$800
5
How many years did Tawney Meiorin fight to get her job back as a firefighter? B.C. (P.S.E.R.C.) v.
B.C.G.S.E.U
$1200
Alleged discrimination on the basis of family status. Mattern and Russell were refused to rent a
camping space.
Why did Mattern and Russell file a complaint with the Alberta Human
Rights Commission? Mattern v. Spruce Bay Resort.
$1600
Section 241(b) of the criminal code makes assisted suicide illegal. People argue that it violates Section 7 (right to “life, liberty and security of a person”) 12
(protection against cruel and unusual punishment) and 15(1) (equality)
Name two sections of the Charter that are in involved in the Assisted
Suicide debate?
$2000
Is the highest court in B.C. It hears appeals from the Supreme Court, from the Provincial Court on some
criminal matters, and reviews and appeals from some administrative boards and tribunals
In Lavigne v. Ontario Public Service Employees Union the trial judge found that Lavigne’s freedom of
association guaranteed by section 2 (d) had been infringed. Yet the Court of Appeal reversed the ruling.
What is the Court of Appeal?
Daily Double
1. Applied only to federal jurisdiction
2. Did not take precedence over any other statute
3. As a statute it could only be amended by a majority vote in the House of Commons
Name one limitation of the Bill of Rights
Daily Double
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