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Childhood and The Law 2212G > test #3 (significance) Part 1 > Flashcards

test #3 (significance) Part 1 Flashcards

lectures 1-6 (58 cards)

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1
Q

what is the significance of law?

A

it provides a structured system of rules that governs behaviour, resolves disputes, and upholds justice within society

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2
Q

what is the significance of jurisdiction?

A

it determines which court or legal body has the authority to hear and decide a particular case

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3
Q

what is the significance of stare decisis?

A

it ensures consistency and predictability in the law by requiring courts to follow established precedents

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4
Q

what is the significance of holding/judgement?

A

it represents the court’s official decision on the legal issues in a case, setting a precedent for future cases

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5
Q

what is the significance of fiduciary duty?

A

it imposes a legal obligation on one party to act in the best interest of another, especially in relationships of trust like guardianship or trusteeship

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6
Q

what is the significance of procedural fairness?

A

it protects individuals rights by ensuring fair and unbiased decision-making processes in legal and administrative matters

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7
Q

what is the significance of parens patriae?

A

it allows the state to act as a guardian for those unable to care for themselves, such as children or vulnerable individuals

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8
Q

what is the significance of baker v. canada (1999)?

A

its the establishment of a stronger duty of procedural fairness in administrative decision making, especially for vulnerable individuals like immigrants. It also marked a shift in Canadian law by recognizing the influence of international human rights principles such as the best interest of the child.

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9
Q

what is the significance of guardian ad litem?

A

they represent the best interest of a child or vulnerable person in legal proceedings, ensuring their voice is heard in court

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10
Q

what is the significance of sovereignty?

A

it grants a state or governing body the ultimate authority to govern itself without interference from outside sources

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11
Q

what is the significance of ideology?

A

it shapes how individuals and groups interpret the world and influences political, social, and legal systems

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12
Q

what is the significance of governmentality?

A

it explains how governments use various strategies and knowledge system to manage populations and shape behaviour beyond just laws

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13
Q

what is the significance of power/knowledge?

A

it highlights how the production of knowledge is closely tied to power, influencing what is accepted as truth and how people are governed

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14
Q

what is the significance of eugenics?

A

it led to harmful social policies aimed at controlling reproduction, often targeting marginalized groups and has had lasting ethical and human rights implications

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15
Q

what is the significance of donald e zarfas discovery?

A

his findings were instrumental in revealing forced sterilization policies and highlighted that there is a lack of legal protections for people with disabilities

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16
Q

what is the significance of buck v bell (1927)?

A

it legitimized eugenics policies and inspired similar sterilization laws including parts of Canada, violating human rights

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17
Q

what is the significance of in re grady (1981)?

A

it set controversial precedent in u.s law for permitting the sterilization based on substituted judgment, raising ethical concerns about consent, disability rights and bodily autonomy

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18
Q

what is the significance of muir v alberta (1996)?

A

it brought national attention to the unethical practices of forced sterilization, muir’s victory paved the way for over 850 similar lawsuits.

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19
Q

what is the significance of material error?

A

it can lead to a decision being overturned or reconsidered if the mistake affected the outcome of a legal case

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20
Q

what is the significance of the theory of racial socialization?

A

it helps children develop a sense of identity and resilience while preparing them to cope with racism and discrimination

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21
Q

what is the significance of custody?

A

it determines who has the legal responsibility to care for an make major decisions about a child’s life and well-being

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22
Q

what is the significance of access?

A

it protects the rights of non-custodial parents to maintain a relationships with their child through visits and communication

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23
Q

what is the significance of the best interest of the child?

A

it guides all decisions affecting children in legal settings, ensuring their safety, well-being and development come first

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24
Q

what is the significance of s.16- maximum access?

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A

it encourages courts to ensure children have as much contact with both parents as is consistent with their best interest after separation or divorce

25
what is the significance of UNCRC s.12?
it affirms children's right to express their views in matters affecting them, promoting their participation in legal and social decisions
26
what is the significance of young v young (1992)?
courts ruled that both parents have the right to participate in the child's life, unless there was clear evidence of harm to the children
27
what is the significance of grodon v goertz (1996)?
it set out a clear, influential test used by Canadian courts to decide parental relocation cases, emphasizing that each case must be assessed individually based on the child's needs
28
what is the significance of mader v. mccormick (2018)?
confirmed that appointing a lawyer for a child is not automatic- it's up to the judge and must serve in the child's best interest
29
what is the significance of the hague convention?
it provides a legal mechanism for preventing international child abduction and resolving custody disputes across countries
30
what is the significance of the two approaches to habitual residence?
the approach chosen affects whether a child must be returned under the hague convention, impacting international custody decisions
31
what is the significance of the exceptions to return?
these exceptions protect children from being returned to harmful or unjust environments despite the conventions general requirement for return
32
what is the significance of the grave risk of harm?
this ensures the convention does not override the child's safety and well-being in extreme cases
33
what is the significance of the paras formula?
it offers courts a structures way to asses where a child has their strongest social and family ties, which is crucial for applying the hague convention fairly in international abduction cases
34
what is the signifcance of thomson v thomson?
it set precedent for how canadian courts assess habitual residence, balancing parental intent and the child's situation, it relied heavily on the grave risk exception but emphasized that this exception must be applied narrowly
35
what is the significance of office of the children's lawyer v. balev (2018)?
it confirmed that habitual residence is a flexible, fact-based determination, and that courts must carefully consider the best interest of the child, especially when the child has developed strong roots in a new country
36
why is the willick v willick (1994) significant?
it gives a clear rule, if things change significantly then support order can be reviewed and adjusted to stay fair
37
what is the significance of s (db) v g(sr) (2010)?
it shows that relocation can be permitted even if it changes the access that a parent has, as long as the move benefit's the childs overall well-being
38
what is the significance of loco parentis?
it allows non-parents, like stepparents or guardians, to be granted legal rights and duties concerning the child's care and well-being
39
what is the significance of section 43, criminal code (1985)?
it is controversial because it has been challenged for potentially violating children's rights and has sparked debates over corporal punishment and legal protections
40
what is the significance of provincial educational policy on corporal punishment (pre-2004)?
these policies contributed to inconsistent protection of children's rights in educational settings and were eventually phased out in favor of child-centered discipline approaches
41
what is the significance of r. v ogg-moss (1984)?
scc ruled that section 43 only applied to parents, meaning caregivers of adults (even vulnerable ones) cannot use it as a legal defense- thus narrowing the scope of who can lawfully use physical discipline
42
what is the significance of r v peterson (1995)?
the ruling that the punishment fell within the bounds of "reasonable force" under section 43, as there was no lasting physical harm, highlighting the gray area in what courts consider "resaonable" discipline
43
what is the significance of public interest standing?
it allows courts to hear cases that address broader societal issues, especially when those affected cannot easily access the justice system themselves
44
what is the significance of section 1-reasonable limits?
it ensures that charter rights are not absolute, enabling a balance between individual freedoms and public good
45
what is the significance of section 7- security of the person?
this section is often used to challenge laws or actions that harm individuals physical or psychological well-being
46
what is the significance of section 15- equality under the law?
it is a powerful tool for challenging discriminatory laws and practices promoting fairness and inclusion in canadian society
47
what is the significance of section 32?
it ensures that only government actions can be challenged under the charter, meaning that the charter does not apply to private individuals or organizations unless they are acting on behalf of the state
48
what is the significance of the universal declaration of human rights- article 16(3)?
it affirms the importance of family rights in international law and has influenced human rights frameworks in Canada and globally
49
what is the significance of "the family is the fundamental unit of society"?
it underscores the legal and moral responsibility of governments to protect family integrity in law and policy
50
what is the significance of principle of fundamental justice?
it ensures that government actions that affect rights are not arbitrary, overly broad, or unfairly implemented
51
what is the significance of unreasonable corporal punishment after canadian foundation decisions ?
the ruling narrowed what is legally defensible under section 43, increasing legal protections for children against excessive
52
what is the significance of reading down the statute?
it allows courts to preserve legislation while ensuring it complies with the charter
53
what is the significance of the oakes test?
it provides a structured way for courts to assess whether rights restrictions are reasonable and proportionate in a free and democratic society
54
what is the significance of the contextual approach to equality (section 15)?
it allows courts to recognize and address systemic inequalities, ensuring that equality rights are interpreted in a way that responds to the actual impact of laws on marginalized or disadvantaged groups
55
what was the significance of the jack hulland elementary school?
highlighted the lack of national oversight on restraint and seclusion practices in schools, it also raised serious questions about the role or provincial governments in protection vulnerable children from harm in public institutions
56
what is the significance of b(r) v. children's aid society (1995)?
it affirmed the parens patriae role of the state and it confirmed that children's rights can override parental religious rights in life or death sitituations
57
what is the significance of law v. canada?
the case introduced a more context- based way to anaylze equality showing that not all unequal treatment is unconstitutional
58
why is the oakes test significant?
because courts use the oakes test in all charter challenges, including cases involving children's rights, to ensure any limitations of those rights is reasonable necessary and proportionate

Childhood and The Law 2212G (7 decks)

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