Canadian Law Unit 2

• Universal Human Rights~ what are universal human rights?


  universal rights that apply to every single person simply because they are human (innate and are applied equally)
• Universal Human Rights~ NGO


  helps with mistakes/issues with human rights and exerts pressure from governments (with campaigning)
• Universal Human Rights~ International Bill of Human Rights


  the most important legal basis for human rights, UN declaration of human rights (1= civil and political, 2= economic/social/cultural)
• Universal Human Rights~ Issues upholding them internationally


  countries uphold human rights, countries are responsible for human right violations that question the universality of human rights (some countries do violate human rights)
• Charter~ operation of the charter 


  government actions can be challenged with the charter
• Charter~ Constitutional Supremacy


  when a court declares a law unconstitutional it can strike down an entire law
• Charter~ Section 1


  guarantee of rights and freedoms (all of the rights and freedoms are guaranteed of conditions, and not all guaranteed without limits)
• Charter~ the oakes test


  test to see whether the government was justified in limiting a charter right through the narcotics control act
• Charter~ the oakes test steps


  objective: limiting the charter protected rights/freedoms that aligns with the values of a free democratic society
• Charter~ the oakes test


  rational connection: law/action limits charter right/freedom that meets its objective and law/action that does not rationally connect to its purpose
• Charter~ the oakes test


  minimal impairment: law/government action should achieve its objective without impairing rights/freedoms and an alternate way to this may work
• Charter~ the oakes test


  proportionally: benefits gained by meeting the objective should outweigh the harms caused by limiting the right/freedom
• Charter~ section 2


  fundamental freedoms (free of conscience/religion, thought/belief/opinion/expression, peaceful assembly, association)
• Charter~ section 7


  legal rights (life, liberty and security of a person)
• Charter~ section 15


  equality rights (every individual is equal and protects groups who suffer political/social/legal disadvantages)
• Charter~ section 8 impact on 24 (2)


  unreasonable search and seizure (24 is using evidence that was obtained that would deny any rights or freedoms)
• Charter~ section 33


  notwithstanding clause (in spite of, governments can operate in spite of the charter for a 5 year period of sections 2, 7, 15)
• Charter~ Other sections


  section 3/4/5: democratic rights, section 6: mobility rights, section 9: arbitrary detention/imprisonment, section 12: cruel and unusual punishment
• OHRC~ operation of the code

  private and government action & places/legal obligation on individuals and organizations to uphold human rights
• OHRC~ social areas 


  services/goods/facilities, housing, contracts, employment, membership (workers union)
• OHRC~ protected groups of discrimination


  age, receipt of public assistance, sex, sexual orientation, gender, citizenship, disability, colour, race, religion, ethnic/place of origin, record of offences, family status
• OHRC~ accommodation

  try to accommodate people and break barriers of discrimination
• OHRC~ direct discrimination


  practice or behaviour that is clearly discriminatory
• OHRC~ adverse discrimination 


  requirement or standard that might appear neutral but is discriminatory toward an individual or group (protected under the code)
• OHRC~ prima facie case 


  valid complaint and identified a social area/one group
• OHRC~ undue hardship

  accommodation is likely to cause significant health/safety risk
• OHRC~ bona fide


  reasonably necessary for the safe and efficient performance
• OHRC~ bona fide steps 


  1= establish rational connection, 2= establish good faith, 3= establish 'reasonably necessary'
• OHRC~ harassment 


  conduct, comment or actions that are unwelcomed and occurs more than once
• OHRC~ poisoned work environment 


  making fun of protected group under the code, discriminatory environment and can come up in any social area
• OHRC~ constructive discrimination


  neutral requirement that has a discriminatory effect
• OHRC~ systemic discrimination 


  part of the social or administrative structures of organizations
• OHRC~ racial discrimination 


  Any action undertaken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, or a combination of these, rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.”
• OHRC~ overt and systemic discrimination 


  overt is obvious and systemic is more subtle, and often unconscious consequences of a discriminatory system