Lesson 3 Flashcards
Section 10
Right to full and equal recognition and exercise of their human rights and freedom without distinction, exclusion or preference
section 10 discrimination based on
race, colour, sex, pregnancy, sexual orientation, civil status, age, religion, political conviction, language, ethnic, social condition, handicap
Discrimination exists where
distinction exclusion or preference has the effect of nullifying or impairing such right (closed list)
No presumption of discrimination
burden of proof on the victim to prove she has been discriminated against
section 10.1
harassment: nobody can harass you based on ground listed in s.10 (verbal or electronic)
Section 11
Signs, symbols and notice
Signs, symbol and notice
no one can distribute, publish or display pictures signs or symbols involving discrimination or authorize (editor of a publication even if you’re not the one who has written) anyone to do so
Limitation of expression
while one has freedom to express, cannot use to justify discrimination
Section 12
Goods and services: no one through discrimination may refuse to make a judicial act concerning G&S ordinarily offered to the public
Example of section 12
cannot refuse to serve someone based on how they look
Accepted forms of payments vs. ability to pay
If someone tries to pay all ways don’t work, would you accept a cheque? not discrimination because they demonstrated they have non money
Section 13
Contractual clauses
Contractual clauses
no one may in a juridical act stipulate a clause involving discrimination
If contractual clause discriminates
it will be deemed without effect
Section 15
Public places
Public place
No one may through discrimination inhibit access of another to public transportation or place, such as commercial establishment, hotel, restaurant, theatre, cinema… or his obtaining G&S
Loitering
a shopping centre invites the public to shop, they could reasonably ask you to leave
Under CCQ nuisance
obligation not to cause undo disturbance to others. Can then ask to leave if the nuisance is present and not to prevent it
s.16, 18.1, 20
Employment
Section 16
discrimination in terms of hiring, apprenticeship, duration of probationary period, vocational training, promotion, transfer, displacement, laying off, suspension, dismissal or
Section 18.1
in employment application, cannot ask the questions in s.10
Exception to s.18.1
information is useful to the application of section 20 OR useful in the implementation of affirmative action program in existence at the time of application
Affirmative action program
gives preference to groups who have been historically discriminated against in the past
Section 20
distinction, exclusion or preference based on aptitudes or qualification requirement for an employment is deemed non-discriminatory (are any of the listed in s.10 needed for the job)
