chaper 2 and 3 PP Flashcards

Question

Administrative Tribunals (Boards)

Answer 1

have the power to enact administrative regulations --> force a law or how a law should be used Internal review mechanism of Administrative decisions No appeals usually

Answer 2

Judges lawyers notaries arbitators/mediators

Answer 3

Selected by government The court system is adversarial not inquisitive, except Small Claims Court

Answer 4

Must be Member of the Quebec Bar give legal advice assist in setting up new business prepare contracts have exclusive right to represent clients plead cases before the court

Answer 5

also give legal advice Can’t represent in court, except non-contested issues Exclusive right to prepare certain contracts and authentic acts Produce authentic documents, which “make proof of their own contents” exclusive to Quebec

Answer 6

Can’t represent in court Objective third party

Answer 7

Diverging opinions on issues with majority rule over minorities Trying to balance individual rights with societal objectives

Answer 8

to keep a balance between individual rights and societal objectives

Answer 9

rights included, hence protected, in the constitution --> neither the federal nor provincial governments can change them alone --> 7 provinces containing at least 50% of the population canada need to approve it

Answer 10

all levels of the government must respect the Charter (Section 32(1)) federal, provincial, municipal, and any associated organization and employee must respect this violation between private individuals is not protected --> only applies to government positions

Answer 11

Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights

Answer 12

Freedom of religion, thought, expression freedom of the press and other media the right to assemble and associate basic minimum needs for every citizen of a democratic society to develop and flourish

Answer 13

Right to vote and run for office "every citizen must be allowed to play a meaningful role during an election"

Answer 14

Freedom to travel and work anywhere in Canada the right to live anywhere in Canada person or corporation can do business anywhere in Canada

Answer 15

Right to life, liberty, security --> excludes euthanasia or assisted suicide right to judicial protections against unreasonable search or detention and against cruel and unusual punishment innocent until proven guilty, right to a lawyer and to be informed of reason of arrest

Answer 16

Protection from discrimination

Answer 17

section 33 and section 1 allows the government to limit our rights with: The Notwithstanding Clause (section 33) The Oakes Test (section 1)

Answer 18

Government can limit rights found in s.2 and s.7 – 15. empowers the federal or provincial government to pass laws notwithstanding some of the provisions of the Charter --> can adopt a statute that will be protected from a court striking it down even tho it may violate a charter right

Answer 19

5 years called the sunset clause

Answer 20

Section 1 of the Charter allows government to limit rights if the objective of the limit has a strong societal importance Section 1 of the Charter allows government to limit rights if the “means” chosen is the least intrusive must show how the statute that infringes the charter must be maintained can limit any freedom and right found in the charter

Answer 21

Quebec Charter can also be used for violations between private individuals --> canadian charter applies only to government infringement of citizen's rights and freedoms Quebec Charter not entrenched in a Constitution so easier to change --> canadian charter is entrenched, so it cannot be changed without approval of federal or provincial government

Answer 22

Fundamental Freedoms and Rights (s. 1 - 9) Protection from Discrimination: right to equal recognition and exercise of rights and freedoms (s. 10 - 21.1) political rights (s. 21 - 22) judicial rights (s. 23 - 38) economic and social rights (s. 39 - 48)

Answer 23

S.1 Right to life and security S.2 Right to assistance --> Except for fear or other valid reason S.3 Freedom of expression, opinion and religion, right to associate S.4-6 Safeguard of dignity and privacy protection of property right to physical protection and integrity

Answer 24

S.10 Discrimination defined as an act that nullifies or impairs a right --> only rights listed are protected S.11 No discriminatory symbols or signs S.12 Can’t refuse to contract based on discrimination S.13 Discriminatory clauses in contracts are void S.15 Can’t deny access to public place --> Unless “undue hardship” proven S.16 No employment related discrimination allowed S.18.1 No obligatory S. 10 questions in application forms and interviews, except if aptitude and qualification are related (s.20) or questions are based on affirmative action program S.18.2 Can’t discriminate against job applicants due to past criminal record if it si not related to job they obtained a pardon S.19 Equal pay for equal work, except if --> Based on aptitudes and qualifications --> Based on pay equity plans S.20 Can discriminate in hiring if: --> Based on aptitudes and qualifications --> If a community or religious organization S.20.1 Insurance and retirement plans can discriminate person must also not be restricted from accessing public transportation or a public place

Answer 25

Injunction (cessation of violation) Compensation for Material damages Compensation for Moral damages --> physiological distress Punitive damages --> if the infringement was intentional --> Preventative role

Answer 26

sections 1 to 9 Government has justify limits under Oakes Test principles