unit 2 test Flashcards
fundemental freedom
free society, freedom of:
conscience and religion
thoughts
belief
expression
allows us to express our ideas and critize gov without fear of of punishment. Cant hatecrime tho
democratic rights
rights to be eligible to vote and run in election, 2+ years inmates have right to vote
mobility rights
all canadians have permanent residence, allows citizens to move provinces easily
equality rights
equal legal freedom from dicscrimination
legal rights
“the right to life librity and security” “not to be subjected to any cruel and unusual tratment or punishment”
officisl language rights
everyone has the right to use official languages (english and french) in parliament
minority language rights
in quebec, you must offer education in english, despite it being the minority.
r v oakes
david oakes owned lots of hashoil and it mightve been used for trafficking. he argued that them saying he had the chance to prove it WASNT for trafficking purposes was against his presumption of innocence. gov agents must prove of sufficient importance to warrant overriding a constitutionally protected right.
r v keegstra
history teacher taught that the holocaust was not real. when he was accused he claimed that was infringement of freedom of speech. Lost 4-3.
r v latimeir
tracy was in so much pain, and her suffering wouldnt end, until she dies likely soon, so her dad killed her with CO2. since it was second, 10 years of parole, but some argued it should be less.
notwithstanding clause
last resort thing in section 33, time limit of 5 years after which the legislation must be reviewed, lets gov (p or f) override charter rights.
MAID
medical assistance in dying, must be 18+, must be very ill, must consent, and you can be killed!
reasonable limits
guarantees the right 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
Ultra vires
If an action by legislature (provincial or federal) is outside its jurisdiction
Intra vires
An action by a legislature (provincial or federal) that is inside its jurisdiction
Pith and substance doctrine
court uses this to determine weather or not the action is legal in areas where both levels of gov have claimed authority
human rights code
code that provides protection in 5 areas (services, homes, contracts, employment, memeberships/ unions) freedom from descrimination
6 grounds to discrimination in the code
age, ancestry, citizenship, color, disability, religion
harassment
engaging in a course of annoying or provokes comment or conduct which is unwelcome
poisoned environment
comments or conduct that make a person feel unwelcome in an environment
constructive discrimination
seemingly natural requirement has discriminatory effect, dress code
systemic discrimination
like how people trust men more in sports type of thing
affirmative action programs
gives advantages to groups that have been historically discriminated against
the codes exceptions
if they are reasonable and justifiable, higher car insurance to younger people.
