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Childhood and The Law 2212G > test #2 (terms) > Flashcards

test #2 (terms) Flashcards

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1
Q

what does public interest standing?

A

it is a legal doctrine allowing individuals or organizations to bring a case to court even if they are not directly affected by the issue

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2
Q

what is the significance of public interest standing?

A

this ensures that fundamental rights and constitutional issues can be challenged in court, even if no directly affected individual is available to litigate

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3
Q

what is the definition for Section 1- reasonable limits on charter rights?

A

Section 1 allows for rights and freedoms under the charter to be limited, but only if the limit is demonstrably justified in a free and democratic society

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4
Q

what is the significance of section 1 (reasonable limits)?

A

this section balances individual rights with broader societal interests, preventing absolute freedom while maintaining protections against unjustified government restrictions

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5
Q

what is the definition of section 7- security of the person?

A

this guarantees individuals the right to life, liberty, and security of the person and protection from state actions that violate these rights unless justified under fundamental justice principles

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6
Q

what is the significance of section 7 (security of the person)?

A

important part of the human rights protections in Canada and is often invoked in cases involving bodily autonomy, criminal justice, and government treatment of vulnerable groups

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7
Q

what is the definition of section 15- equality under the law?

A

this guarantee’s that every individual is equal before and under the law, with equal protection and benefit of the law without discrimination

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8
Q

what is the significance of section 15 (equality under the law)?

A

section 15 is important in protecting against discrimination and ensuring laws do not unfairly disadvantage certain groups, such as children, people with disabilities, or racial minorities

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9
Q

what is the definition of section 32- application of the charter?

A

outlines the scope of the Canadian charter of rights and freedoms, applying it to government actions at federal and provincial levels

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10
Q

what is the significance behind section 32?

A

it confirms that the government must respect constitutional rights in all its actions, making it the basis for judicial review of laws and policies

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11
Q

what is the universal declaration of human rights art. 16(3)?

A

it recognizes that the family is the natural and fundamental unit of society and is entitled to protection by society and the state

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12
Q

what is the significance of the universal declaration of human rights art. 16(3)?

A

it is used in legal arguments to justify laws protecting family integrity while also being cited in cases where state intervention is necessary to protect vulnerable family members

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13
Q

what is the definition of the UNCRC article 5?

A

parents and guardians have rights and responsibilities in guiding their children

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14
Q

what is the definition of the UNCRC article 9?

A

children should not be separated from their parents unless necessary for their well-being

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15
Q

what is the definition of the UNCRC article 19?

A

children must be protected from all forms of abuse

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16
Q

what is the definition of the UNCRC article 24(3)?

A

calls for abolishing traditional practices harmful to children’s health

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17
Q

what is the definition of the UNCRC article 28(3)?

A

promotes non-violent teaching methods

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18
Q

what is the definition of the UNCRC article 37(1)?

A

no child should be subjected to cruel, inhuman, or degrading punishment

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19
Q

what is the significance behind all the UNCRC articles?

A

these articles set global standards for child protection and were referenced in Canadian Foundation v. Canada to argue that corporal punishment violates children’s rights

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20
Q

what is the definition of “the family is the fundamental unit of society”?

A

a principle asserting that the family is central to social structure and should be protected by the state

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21
Q

what is the significance of “the family is the fundamental unit of society”?

A

it is frequently cited in debates over child welfare policies, parental rights, and state intervention in family matters

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22
Q

what is the definition of principle of fundamental justice s.7?

A

legal principles fundamental to the fairness of the justice system, which any government action must respect

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23
Q

what is the significance of the principle of fundamental justice s.7?

A

this principle determines whether laws infringing on rights are constitutional, as seen in Canadian Foundation v. Canada

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24
Q

what is the definition of “unreasonable” corporal punishment after the foundation decision?

A

following Canadian foundation v. Canada, corporal punishment was restricted to ensure it was not degrading, harmful, or excessive

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25
what is the significance of "unreasonable" corporal punishment after the foundation decision?
the decision limited the use of corporal punishment but did not abolish it entirely, leading to ongoing debates about children's rights and parental discipline
26
what is the definition of reading down a statute?
a legal technique where courts interpret a law narrowly to ensure that it complies with constitutional tights without striking it down completely
27
what is the significance of reading down a statute?
this method allows laws to be adjusted rather than completely invalidated, balancing legal protections with legislative intent
28
what is the definition of the oakes test?
a legal test used to determine if a law that limits a charter right is justified under section 1
29
what is the significance of the oakes test?
it is crucial in constitutional law and was used to justify certain limits on rights in Canadian Foundation v. Canada
30
what is the definition to the contextual approach to equality s.15?
an approach that examines discrimination within the broader social and historical context rather than treating all differential treatment as inherently unequal
31
what is the significance of the contextual approach to equality s.15?
it was used in Canadian foundation v. Canada to argue that differentiating children from adults in corporal punishment laws did not necessarily violate equality rights
32
what is the definition of Jack Hulland elementary school controversy?
a case involving concerns over the use of discipline and the treatment of students at Jack Hulland Elementary School
33
what is the significance of the Jack Hulland case?
it is relevant to debate's on education policy, children's rights, and legal limits on discipline
34
what is the difference between constitutional and unconstitutional?
constitutional- following the rules unconstitutional- not following the rules
35
what is r.v. ogg-moss (1984)?
a staff member struck a 21 year old non verbal , resident on the forehead fives times with a large spoon for spilling his milk, tried to use the criminal code section 43 to protect themselves as "reasonable force was used"
36
why is r. v. ogg-moss (1984) significant?
it limited the use of section 43 of the criminal code, ruling that only parents and teachers- not institutional caregivers- could use reasonable corrective force, ensuring greater legal protection for disabled individuals
37
what is r. v. peterson (1995)?
spanked his five year old daughter in a public parking lot
38
what is the significance of r. v. peterson (1995)?
this case highlighted cultural divides over corporal punishment reinforced legal limits on what is considered "reasonable" discipline
39
what is loco parentis?
a legal doctrine meaning "in place of a parent", assumes parental responsibilities for a child without being the legal parent
40
what is the significance of loco parentis?
it allows schools, guardians, and certain caregivers to make decisions and provide discipline for children under their care, but does not grant them the same legal rights as actual parents
41
what is the definition of law?
it is a system of rule-making where human activity is categorized and governed
42
what is the significance of law?
it maintains order, protects rights, resolves conflict, and ensure justice by establishing clear rules and consequences that governs human behaviour
43
what is the definition of jurisdiction?
it is a scope or extent of authority to make legal decisions
44
what is the significance of jurisdiction?
that it defines which court, government, or legal body has the authority to make and enforce decisions, ensuring clarity, fairness and proper legal processes in resolving disputes
45
what is the definition for fiduciary duty?
requires the trustee to defend the interest of the beneficiary
46
what is the significance of fiduciary duty?
ensures trust, accountability and ethical responsibility in legal and financial relationships by requiring the trustees to act in the best interest of those they serve
47
what is the definition of parens patriae?
authorizes courts to intervene in the interest of dependents even if there is no statue or policy instructing them to do so
48
what is the significance of parens patriae?
allows courts to protect vulnerable individuals, ensuring their well- being and best interest are prioritized even in the absences of specific laws or policies
49
what is the definition of guardian litem?
is appointed by the court to advocate for the best interest of the child before the court
50
what is the significance of guardian litem?
ensures that a child's best interests are represented in legal proceedings, providing an independent voice to protect their rights in cases such as custody disputes, child welfare or abuse cases
51
what is the definition of sovereignty?
is the ancient power to command obedience on the threat of death
52
what is the significance of sovereignty?
it establishes the supreme authority of a state or ruler to create and enforce laws, maintaining order, controlling governance and defining the limits of power within a legal and political system
53
what is the definition of governmentality?
is the art of managing life by framing the choices of free subjects
54
what is the significance of governmentally?
it explains how governments influence and regulates peoples behaviour not just through laws and force, but by shaping social norms and choices in ways that guide individuals to govern themselves
55
what is the definition of BIC?
is how Canada's provincial and federal statue define how courts protect children
56
what is the significance of the BIC principle?
it ensures that all legal decisions involving children prioritize their safety, well-being, and development over all other considerations
57
what is the definition of the hague convention?
it is the remedy for the wrongful removal of children
58
what is the significance of the hague convention?
it provides an international legal framework to ensure the prompt return of children who have been wrongfully removed across borders, protecting parental rights and preventing international child abduction
59
what is the definition of a statute?
written law enacted by a legislative body, known as acts or legislation and serve as the foundation for legal rules and government authority
60
what is the significance of a statute?
it establishes clear, enforceable, legal rules that guide government actions and provides the foundation for justice and governance within a legal system
61
what is the definition of common law?
a legal system based on judicial precedents (court decisions) rather than solely on statutes, where past rulings guide future cases
62
what is the significance of common law?
allows the legal system to be flexible and evolve over time, ensuring consistency in ruling while adapting to new societal issues
63
what is the definition of stare decisis?
is a rule within common law that says courts must follow past rulings to maintain consistency
64
what is the definition of section 33 (the notwithstanding clause?
allows federal and provincial governments to override certain Charter rights (sections 7-15) for up to five years
65
what is the significance of section 33?
demonstrates a government's ability to bypass constitutional rights, reinforcing the balance between democratic governance and individual freedoms
66
what is the definition of limits on parental rights in medical decisions?
a case involving a premature baby requiring a blood transfusion, where the parents refused due to religious beliefs, but the state overruled them to save the child's life
67
what is the significance of limits on parental rights in medical decisions?
demonstrates the limits of parental rights and how the state can intervene when a child's health or safety is at risk, even if it violates religious freedom
68
what is the definition of the oakes test?
a four step legal test courts use to determine if a law that infringes on rights can be justified in a free and democratic society
69
what are the steps within the oakes test?
1. pressing and substantial objective- does the law address an important societal issue? 2. rational connection- is there a logical link between the law and its purpose? 3. minimal impairment- does the law infringe rights as little as possible? 4. proportionality- does the benefit of the law outweigh the harm of rights
70
what is the significance of the oakes test?
used to justify limits on rights, the government argued section 43 was necessary to protect family autonomy
71
what is the definition of the contextual approach to equality?
a legal interpretation where equality rights are analyzed in the full context of the situation rather than in absolute terms
72
what is the significance of contextual approach to equality?
ensures that not all differential treatment is automatically discrimination allowing for nuanced, case-by-case analysis in equality rights cases
73
what is the role of pre-law in family autonomy?
the idea that family authority existed before formal legal system, making parental rights foundational in law
74
what is the significance of pre-law in family autonomy?
explains why courts are reluctant to interfere with family matters unless necessary as seen in debates over corporal punishment and parental discipline
75
what is within the reading-down s43? (resonable within the limits of)
only ages between 2-12, not if... disabled, on the head or face, in frustration or anger, inhuman or degrading, in schools as a disciplinary tool, no lasting bodily harm, no objects
76
what is the signifcance of the strict rules reading down s43?
narrowing the legal defense for corporal punishment, ensures that physical discipline is only permitted under strict condition which reflects evolving social norms and legal protections for children's rights

Childhood and The Law 2212G (7 decks)

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