Chapter Five Flashcards
Human rights act
Passed in 1977 and applies to federal government departments
Provincial human rights codes
All provinces have their own human rights codes but are subject to the charter.
Prima facie
Legally convincing upon first impressions i
Tribunals
Just like a trial. Formal body that will hear a case and make a decision based on evidence. Cases can be appealed to legit courts.
Harassment
Persistent behaviour that violates the human rights of the victim
Direct discrimination
When one is directly discriminated against because of their religion, sex, and etc.
Complainant
Person who has made allegations of discrimination
Federal human rights
Charter of rights and freedoms, along with the Canadian human rights act (1977) which applies to several departments. Can seek remedy under the CHrA
Time limits for complaint
Differs in provinces, usually 1 year
Employer responsibilities
Must be accountable to consider special needs for their employers
Affirmative action
Giving advantages to groups who have been discriminated against in the past
Mediation
An attempt to work out a solution is made between the respondent and complainant
Statues
Law put into effect
Gravamen
Grievance/reasoning/ main cause of accusation
Stereotyping
Having an oversimplified way to describe people
Prejudice
Preconceived opinion based on inadequate information or a stereotype
Conciliation
Finding a solution between the respondent and the complainant
Difference between the provincial human rights act + the charter
Provincial codes are subject to the charter
Who has “burden of proof”
The complainant has burden of proof. Proof must be established as a prima facie case (legally convincing).
To what degree must an employer accommodate an employee
Must accommodate their needs to the point of an undue hardship. If the attempt to accommodate will affect the economic viability of an enterprise, produce a substantial health risk.
What must the respondent do for disabilities
Not discriminate against them
What causes predjudice
Environment, family + friends opinions, wrong information, and assumptions.
Paragraph questions
- affirmative action is when people who have been wronged before in the past receive advantages to make up for past.
- First Nation’s people, Trudeau’s cabinet, etc.
