definitions sections of the charter presentation cases s & d & p human rights textbook cases...

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

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$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?

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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

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