deck_14237455 Flashcards
(38 cards)
Intra Vires
-latin terms used to describe law making jurisdiction- intra vires means a gov’t is passing laws within its jurisdiction (it has the power)
Ultra Vires.
- ultra vires means a gov’t is passing laws outside its jurisdiction (it doesn’t have the power)
What does Section 91 of the Constitution cover?
Broadly speaking, section 91 of the Constitution Act, 1867 assigns matters that affect the entire country to the federal Parliament. Examples include the postal service, the military and currency.
Distinguish among the roles of the three branches of government and explain the significance of each.
IDK
Why is it important for the judicial branch to be independent of the other branches of government?
they have to be impartial because they are making deciosn that require no bias
How is Canada’s Constitution amended?
To change the Constitution using the general formula, the change needs to be approved by
1) the federal Parliament,
2) 2) the Senate, and
3) 3) a minimum number of provincial legislatures. There must be at least seven provinces that approve the change, representing at least 50% of Canada’s population.
What are the 9 stages in the legislative process of a bill becoming law in Canada?
a. Notice in placement on the order page in the legislature (MP)
b. First Reading
c. Vote in the Legislature
d.Second Reading
e. Law Amendments Committee (Public Consultation)
f. Third Reading
g. Vote in the Legislature
h. Royal Proclamation into Law (Royal Assent)
i. Law comes into force with parliament official enacts the law
At what stage, if any, is the public consulted in this process?
5th stage during the Law Amendments Committee (e)
What is meant by the term “human right”?
A right granted to someone simply because they are human.
What is meant by the term “universal”?
Everyone gets the right that is universal.
Are human rights protected in international law?
YES and NO - through different charters and conventions but countries have to comply willingly
Example: Geneva Conventions
What is the “International Bill of Human Rights”?
The UN’s bill on human rights. (1948)
Human rights are often divided into three dimensions. What does this mean?
- Political & Civil Rights
- Economic, Social and Cultural Rights
- Collective Rights Allows the focus to be on each dimension.
True or False? No right is considered more important or takes precedence over another right. Rights are indivisible.
TRUE
Who has the job of upholding human rights?
Countries
True or False: The International Criminal Court can rule on crimes against humanity, genocide and war crimes.
TRUE
What is one of the problems of the ICC?
Not adopted by all countries like Russia, China and the US.
What does the acronym NGO mean?
Non-governmental organization
What role do NGOs play in the development of human rights?
They push the legal side of human rights cases.
What are the controversies surrounding human rights?
- Universal nature - developed in the West and pushed onto the rest of the world
- Justification for War - countries can invade other countries using the excuse that human rights abuses are occuring
What rights were guaranteed in the Bill of Rights?
right not to be deprived of any of those rights except in accordance with “due process,” meaning basic procedural fairness.
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
Define discrimination under the Canadian Human Rights Act.
not respecting someones rights / treating other differently because of their age, religion, or disability
What are the grounds of discrimination covered under the act?
- race
- nationaliy
- skincolour
- religion
- age
- sex
- sexual prefernece
- materinal status
- family
- disablitlity
Explain what “Duty to Accommodate” is under the Canadian Human Rights Act.
places an onus on the person responsible for accommodation,
