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lawedddcbc do > deck_14237455 > Flashcards

deck_14237455 Flashcards

1
Q

Intra Vires

A

-latin terms used to describe law making jurisdiction- intra vires means a gov’t is passing laws within its jurisdiction (it has the power)

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2
Q

Ultra Vires.

A
  • ultra vires means a gov’t is passing laws outside its jurisdiction (it doesn’t have the power)
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3
Q

What does Section 91 of the Constitution cover?

A

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.

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4
Q

Distinguish among the roles of the three branches of government and explain the significance of each.

A

IDK

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5
Q

Why is it important for the judicial branch to be independent of the other branches of government?

A

they have to be impartial because they are making deciosn that require no bias

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6
Q

How is Canada’s Constitution amended?

A

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.

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7
Q

What are the 9 stages in the legislative process of a bill becoming law in Canada?

A

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

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8
Q

At what stage, if any, is the public consulted in this process?

A

5th stage during the Law Amendments Committee (e)

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9
Q

What is meant by the term “human right”?

A

A right granted to someone simply because they are human.

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10
Q

What is meant by the term “universal”?

A

Everyone gets the right that is universal.

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11
Q

Are human rights protected in international law?

A

YES and NO - through different charters and conventions but countries have to comply willingly
Example: Geneva Conventions

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12
Q

What is the “International Bill of Human Rights”?

A

The UN’s bill on human rights. (1948)

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13
Q

Human rights are often divided into three dimensions. What does this mean?

A
  • Political & Civil Rights
  • Economic, Social and Cultural Rights
  • Collective Rights Allows the focus to be on each dimension.
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14
Q

True or False? No right is considered more important or takes precedence over another right. Rights are indivisible.

A

TRUE

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15
Q

Who has the job of upholding human rights?

A

Countries

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16
Q

True or False: The International Criminal Court can rule on crimes against humanity, genocide and war crimes.

A

TRUE

17
Q

What is one of the problems of the ICC?

A

Not adopted by all countries like Russia, China and the US.

18
Q

What does the acronym NGO mean?

A

Non-governmental organization

19
Q

What role do NGOs play in the development of human rights?

A

They push the legal side of human rights cases.

20
Q

What are the controversies surrounding human rights?

A
  1. Universal nature - developed in the West and pushed onto the rest of the world
  2. Justification for War - countries can invade other countries using the excuse that human rights abuses are occuring
21
Q

What rights were guaranteed in the Bill of Rights?

A

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.

22
Q

Define discrimination under the Canadian Human Rights Act.

A

not respecting someones rights / treating other differently because of their age, religion, or disability

23
Q

What are the grounds of discrimination covered under the act?

A
  • race
  • nationaliy
  • skincolour
  • religion
  • age
  • sex
  • sexual prefernece
  • materinal status
  • family
  • disablitlity
24
Q

Explain what “Duty to Accommodate” is under the Canadian Human Rights Act.

A

places an onus on the person responsible for accommodation,

25
Q

Give examples of what constitutes “harassment” under the Canadian Human Rights Act.

A
  • bullying
  • making fun
  • getting pick on for race, sex, age etc.
26
Q

Explain how our rights and freedoms are legally protected in Canada.

A

The Charter protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country.

27
Q

Rights and Freedoms in Canada

A

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.This section is used by JUDGES to limit individual rights and freedoms.

28
Q

Fundamental Freedoms

A

(a) freedom of conscience and religion
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

29
Q

Democratic Rights

A

Democratic rights refer to the political rights and freedoms that are essential for the functioning of a democratic society

  • right to vote
  • freedom of expression
  • freedom of assembly
  • freedom of associton
  • right to run for office
  • right to a fair trial
30
Q

Mobility Rights

A

Every citizen of Canada has the right to enter, remain in and leave Canada.

31
Q

Legal Rights

A

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice

32
Q

Equality Rights

A

Equality rights are at the core of the Charter. They are intended to ensure that everyone is treated with the samerespect, dignity and consideration (i.e. without discrimination), regardless of personal characteristics such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, sexual orientation, marital status or citizenship.* This usually means that everyone should be treated the same by law and that everyone is entitled to the same benefits provided by laws orgovernment policies. However,The Charter does not require that the government always treat people in exactly the same way. For example, sometimes protecting equality means that rules or standards mustbe reasonably adapted to takeaccount of people’s differences,including by allowing people toobserve different religious holidays without losing their job, or putting specific supports in place to enable people with visual disabilities or hearing impairments to access government services.* It is also constitutional to createspecial programs aimed at improving the situation of individuals who are members of groups that have historically experienced discrimination in Canada, including on the basis of the grounds listed above.

33
Q

Language Rights

A

English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

34
Q

Minority-language Educational Rights

A

Section 23 of the Charter requires provincial and territorial governments to provide education to Canadians in the official language of their choice, even in areas where a minority of residents speaks that language.

35
Q

Aboriginal and Treaty Rights

A

As noted earlier, section 35 of the Constitution Act, 1982 recognizes and affirms the Aboriginal and treaty rights of Aboriginal peoples.The Charter cannot take away or diminish those rights, or any other rights or freedoms that Aboriginal peoples may acquire in the future (for example, from the settlement of land claims).

36
Q

Application of Charter

A

33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

37
Q

What other rights are protected in The Charter?

A

The Charter guarantees many basic human rights and fundamental freedoms. But we all have other rights that come from federal, provincial, territorial, international, and common law. Also, Parliament or a provincial or territorial legislature can always add to our rights.

38
Q

CHARTER VIOLATIONS

A

Charter violations typically refer to violations of constitutional rights and freedoms as outlined in a country’s constitution or charter of rights

lawedddcbc do (10 decks)

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