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Rights & Freedoms

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15 views10 pages

Rights & Freedoms

Uploaded by

2887zj2hhk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RIGHTS AND FREEDOMS

Rights and Freedoms

Rights: moral or legal social entitlement that cannot be given then taken away the

government has a duty to see it adhered to.

Freedoms: ability to go about your business without interference from the government,

however no one has a duty to enforce it ( the government still has a Dufy not to unduly limit

freedoms ).

Carding: police stopping and requesting ID from people due to race.

Systemic Racism: racism imbedded into societal norms.

Oppression: unjust treatment or persecution of a speci c demographic.

Colonization: settlers occupying or taking over areas to bene t themselves.

Privilege: Inherent advantage in society due to super cial aspects such as race or gender.
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The Charter

Canadian Bill of Rights: drafted in response to human rights abuse during WWI, recognized

many rights and freedoms however easing changed and only applied to federal law.

Canadian Charter of Rights and Freedoms: included in the constitution act, 1982 that

entrenched our rights very hard to change and enforced by Supreme Court however written

too broadly.

Section 1 - The Reasonable Limits Clause: rights and freedoms can be limited justi ably

according to the Oakes test which clari es importance, connection, and limited limitation as

well as severity.

Section 33 - The Notwithstanding Clause: allows federal and provincial government to

pass laws exempt from sections 2 and 7-15, this lasts 5 years before needing renewal.

Section 2 - Conscience and Religion: right not to have religious viewpoints over-ridden

Section 2 - Freedom of Expression: freedom to think and believe what you want

Section 2 - Freedom of Association: freedom to join together with like minded people

Section 2 - Freedom of Peaceful Assembly: freedom to join together in mass protests


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The Charter Continued

Section 3 - Right To Vote: right to vote and run for of ce except according to reasonable

limits such as age.

Section 4 - Election: right to elect new federal / provincial government every 5 years except

under some circumstances such as war.

Section 5 - Parliament and Legislative Assemblies: parliament and legislative assembles

must hold at least one session per year to question government.

Section 6 - Mobility Rights: rights of Canadians to move in and out of the country and

between provinces, additionally accused persons can be sent to other countries unless death

penalty is possible.

Section 7 - Life: right to be alive and free from torture.

Section 7 - Liberty: free to act and choose as you want.

Section 7 - Security of Person: protects mental state of the individual against corporal

punishment and suffering


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The Charter Continued

Section 8 - Unreasonable Search and Seizure: police need cause to search person,

homes, or belongings and searches must be fair.

Section 9 - Arbitrary Detention or Imprisonment: people can't be held for questioning,

arrested or kept in jail without cause.

Section 10 - Rights While Under Arrest or Detention: right to know why arrested and about

rights to lawyers.

Section 11 - Rights While Charged with a Criminal Offence: to be assumed innocent, to

be tried in court reasonably, to not have to testify at your own trial, and have a jury.

Section 12 - Cruel and Unusual Treatment or Punishment: government mustn’t treat and

punish people harshly.

Section 13 - Rights of Witnesses in Court: witnesses can't have testimony used against

them and witnesses have the right to accommodations.

Section 15 - Equality Rights: equal rights under the law and protection from discrimination.
Human Rights

Human Rights protect from individuals or private organizations which Charter Rights protect

from government.

Stereotype: xed judgements/thoughts.

Prejudice: preconceived opinions/feelings.

Discrimination: unfair actions/words.

Canadian Human Rights Act: passed in 1977 and protects from discrimination in

employment under the federal government.

Complainant: the person alleging discrimination.

Respondent: the person whom the complaint is against.

Mediation: intervention between con icting parties.

Conciliation: resolution of con ict.

Remedy: the " x" to prevent recurrence.

Undue Hardship: accommodation isn't worth cost.

Bona Fide: essential quali cation for job performance.

Af rmative Action: advantages offered due to past oppression.


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Review Questions #1

1. Canadian Bill of Rights:

Why Created:

Problems:

2. Canadian Charter of Rights and Freedoms:

Why Created:

Problems:

3. Section 1 - Reasonable Limits Clause:

Oakes Test:

1.

2.

3.

4.

Example:

Used By:
Review Questions #2

4. Section 33 - Notwithstanding Clause:

What:

Used By:

Example:

5. Charter Sections 2-15: see charter challenge

2-

3-

4-

5-

6-

7-

8-

9-

10 -

11 -

12 -

13 -

15 -
Review Questions #3

6. Human Rights vs Charter Rights:

7.

Stereotype:

Prejudice:

Discrimination:

Systemic Discrimination:

8. Canadian Human Rights Act:

How:

Businesses:

9. Ontario Human Rights Code:

5 Areas:

17 Grounds:
Review Questions #4

10. De ne The Following:

Complainant:

Respondent:

Mediation:

Conciliation:

Remedy:

11. De ne The Following:

Accommodation:

Undue Hardship:

Bona Fide:

Af rmative Action:

12. De ne The Following

Harassment:

Sexual Harassment:

Poisoned Environment:

13. Direct vs Constructive Discrimination:


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