Law Unit Two Test Review (Cln4U)

Front 1

Constitution

Back 1

A legal framework which explores and outlines / establishes how power and authority within a country are exercised.

- Also outlines the division of powers between the federal / provincial governments

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Residual Powers

Back 2

Those powers not specifically granted to any particular level of government. Canada’s constitution gives residual powers to the federal government.

Front 3

Federal State

Back 3

powers distributed among different levels of government (e.g Canada and the U.S.)

Front 4

Entrenched

Back 4

firmly established/ codified constitutional framework

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Ultra Vires

Back 5

when a law concerning a subject which does not have constitutional authority is said to be outside the power of the legislature.

Front 6

Notwithstanding Clause

Back 6

allows Parliament or provincial legislature to override certain portions of the Charter.

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Canadian Charter of Rights and Freedoms

Back 7

- the Constitution act, 1982: rights protection would now apply to citizens in their interaction with provincial and territorial governments as well.

- Further, rights and freedom were entrenched in the Constitution.

- Four fundamental freedoms of religion, expression, peaceful assembly, and association; they also guarantee democratic, mobility, legal, equality, language, and Aboriginal and treaty rights.

Front 8

Parliamentary Democracy

Back 8

- means that at least every five years a federal election is held.

- The party that wins the most seats in the election forms the government and that leader becomes the Prime Minister.

- The PM appoints a cabinet, made up of elected MPs from their party who run various departments and work alongside the PM to pass legislation through Parliament.

Front 9

Freedoms

Back 9

the power or right to act, speak, or think as one wants without hindrance or restraint.

Front 10

Pay Equity

Back 10

a program designed to remedy pay inequalities for women by allowing a comparison of the value of jobs traditionally done by women with jobs traditionally by men.

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S. 91

Back 11

- Federal jurisdiction / the powers of the federal parliament

EXAMPLES: banking, criminal law, immigration, foreign affairs, seacoast and fisheries, trade and commerce, citizenship, defence

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S. 92

Back 12

- Outlines the powers of the provincial legislatures

EXAMPLES: labour and trade unions, hospitals and health care, municipalities + the organization of municipal governments, natural resources and the management of Crown land, property + civil law, administration of justice in the province

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S. 93

Back 13

Assigns jurisdiction and exclusive power to make law related to education to the provinces.

Front 14

Conventions

Back 14

- Unwritten rules that are a major source of Canada's constitution

- These rules of behaviour that are historically accepted, though not always legally enforced, and that often influence the content of treaties between nations

Front 15

Mobility Rights

Back 15

S. 6 of the Charter meaning that every citizen of Canada has the right to enter, remain in, and leave, Canada.

- Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: to move to, and take up residence in, any province.

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Referendum

Back 16

the process of referring a political or policy question to the electorate for a direct vote.

Front 17

Meech Lake Accord

Back 17

Aboriginal exclusion, and women’s groups or lack thereof. Dramatically weakened the powers of federal government. All of the provinces would be allowed to opt out of new federal social programs. Every province would be given a constitutional veto. Provinces would have a greater role to play in immigration policy.

Front 18

Elijah Harper

Back 18

Elijah Harper cast a deciding “no” vote that ultimately prevented the Manitoba Legislature from ratifying the agreement. He is a Cree from northern Manitoba, did not agree with the negotiation process that had excluded the issues Aboriginal peoples had with the federal government with regard to addressing land claims and self-government.

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Ontario Human Rights Code

Back 19

Enacted in 1962 and protects individuals from discrimination and harassment in Ontario by ensuring that legislation within Ontario is consistent with the provisions outlined in the OHRC.

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Adverse Effect Discrimination

Back 20

a requirement or standard that may outwardly appear neutral but is, in fact, discriminatory in effect toward an individual or group (e.g., a height requirement for police officers)

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Pith and Substance

Back 21

- Means the overriding purpose or intent of the law.

- It requires the courts to identify the most important feature of the law between federal and provincial powers.

- It is used to determine whether or not the action is legal in areas where both levels of government have legitimate claims of authority in a jurisdictional dispute.

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Rights and Freedom

Back 22

- Section 7 of the Charter says that you are entitled to “life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

- This means that you are guaranteed them, but they may also be restricted in certain circumstances.

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Reasonable Limits

Back 23

S. 1 of the charter which guarantees the rights 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.

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Arbitrary Decision

Back 24

S. 9 which protects citizens from being arbitrarily detained or imprisoned.

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Undue hardship

Back 25

Meaning that the cost of making the accomodation would have a negative effect on, or alter the very the nature, of the business

In a discrimination case, the negative effect on a business, which the employer must prove, of accommodating the needs of a person by being too costly or producing health or safety risks.

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Intentional Discrimination

Back 26

involves a practice or behaviour that is overt and clearly discriminatory

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Bona Fide Occupational requirement

Back 27

A provision that is deemed necessary in order to perform a job safely andefficiently; in a discrimination complaint, it can be used to justify aparticular job requirement that may otherwise be perceived as discriminatory.

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Prima Facie

Back 28

Latin for “first face or impression”, a case in which something is presumed to be unless or until it is disproved by evidence.