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43 Cards in this Set
- Front
- Back
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Civil Right |
the rights of citizens that limit the power of the government Prevent unfair treatments from government |
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Human Rights |
protects people from unfair judgement by other individual rights that is believed to belong justifiably to every person Prevent unfair treatment from the people |
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Natural Rights |
By the end of the seventeenth century, many Western legal and moral thinkers believed that Human Beings had rights to life, liberty, and security. Such rights were thought to exist independently of any rights or duties created by a ruler, government, church or society. Those in power felt threatened by these ideas, which spread quickly in Europe and North America |
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When did the Universal Declaration of Human Rights come into effect? |
1948 |
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Two World Event (prior to WWII) that were important in the development of Human Rights |
American and French Revolution |
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Three branches of government |
Legislative, Executive, and Judical |
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MP |
Members of Parliament |
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Bill |
a proposed law draft form of an act or statute |
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Bylaw |
city-laws (local laws) |
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How does a bill become a law? |
First Reading - Bill introduced by a cabinet minister or private member. -first vote is taken Second Reading - the principle of the bill isdebated. -There is a vote of the bill on whether it need any amendments. Committee Stage - a small group of MPs goes to the experts and people that will beaffected by this bill and ask them on any amendments needed Third Debate - Bill is briefly debated - The amendments are voted upon. -If the bill is passed through the house,it goes in the same steps in the Senate as in the House. Royal Assent - Governor General signs bill to become a law |
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British North America Act of 1867 |
Law that created Canada |
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Federal Government Powers |
-OUTLINED IN SECTION 91 -peace,order, and good government -criminal law -unemployment insurance -banking, currency, and coinage -federal penitentiaries (jail for serious offenders) -marriage and divorce -postal service Aboriginal peoples and their lands |
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Provincial Government Powers |
-OUTLINED IN SECTION 92 -Property and Civil Rights -Marriage Ceremonies -Police forces and provincial courts -Highways and roads -Provincial Jails -Hospital -Taxation -Education (Section 93 of BNA) |
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When did Canada's Bill of Rights become law? |
1960 |
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What are 3 problems with the Canadian Bill of Right |
1. Only applied to the Federal Government 2. It was an ordinary law. So it can be changed and repelled 3. It doesn't have a remedy section, telling the court what they can do if they find a violation 4. Court did a "legal backflip" to avoid using it. Courts were suppose to enforce the law, not make them |
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Was it productive in protecting Human Rights? |
No because it was successfully used only once. |
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What rights were guaranteed under the Bill of right |
- the right to life, liberty, and security of theperson and enjoyment of proper.ty, andthe right not to be deprived thereof exceptby due process of law -the right to equality before the law andits protection -freedom of religion, speech, assembly andassociation, and the press -the right not to be arbitrarily detained,imprisoned, or exiled -the right not to receive cruel and unusualtreatment or punishment -the right to be informed promptly of thereason for arrest -the right t:o retain and instruct counselwithout delay (Right to a lawyer) -the right to obtain a writ of habeas corpusto determine the validity of detention -the right not to give evidence if deniedcounsel, and protection against self discrimination -the right to a fair hearing -the right to be presumed innocent untilproven guilty -the right to reasonable bail -the right to an interpreter in any legalproceedings |
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Bowling Alley Case |
-The Federal Lord's Day Act say that no business can operate on Sunday. The owners of the Bowling Alley are not Christain. Their holy day was Saturday. - The owner claim that the law violated the freedom of religion. - The court found no violation because the law didn't prevent them from practicing their own religion. |
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Lavell Marriage and Status Case |
Lavell- the F.N woman who lost her treaty status when she married a non F.N. man and this only happened to women, |
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When did Canadian Charter of Rights and Freedoms become law? |
1982 (except s. 15 equality section which was delayed for 3 years) |
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What Law was the Charter of Rights and Freedoms part of? |
British North America Act of 1982 |
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The Problem of patriation |
Quebec was left out |
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Amending Formula |
the procedure to change (amend) |
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How to change the Charter of Rights and Freedoms? |
The federal government and at least two-third of the provinces with 50 percent of the population must agree. |
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Section 1 of the Charter of Rights and Freedoms |
The Canadian Charter of Rights and Freedoms guarantees the rightsand freedoms set out in it subject only to such reasonable limits prescribed bylaw as can be demonstrably justified in a free and democratic society. |
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Section 2 of the Charter of Rights and Freedoms |
(A) Freedom of Conscience and religion (B) Freedom of thought, belief, opinion and expression, including freedom of press and other media of communication. (C) Freedom of peaceful assembly and (D) Freedom of association |
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Section 3 of the Charter of Rights and Freedoms |
Every citizen of Canada has the right to vote in an election of members ofthe House of Commons or of a legislative assembly and to be qualified formembership therein |
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Section 6 of the Charter of Rights and Freedoms |
(1) Every citizen of Canada has the right to enter, remain in and leaveCanada. (2) Every citizen of Canada and every person who has the status of apermanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province. (3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a provinceother than those that discriminate among persons primarily on the basis ofprovince of present or previous residence; and (b) any laws providing for reasonable residency requirements as aqualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity thathas as its object the amelioration in a province of conditions of individuals inthat province who are socially or economically disadvantaged if the rate ofemployment in that province is below the rate of employment in Canada. |
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Section 7 of the Charter of Rights and Freedoms |
Everyone has the right to life, liberty and security of the person and theright not to be deprived thereof except in accordance with the principles offundamental justice. |
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Section 12 of the Charter of Rights and Freedoms |
Everyone has the right not to be subjected to any cruel and unusualtreatment or punishment. |
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Section 15 of the Charter of Rights and Freedoms |
(1) Every individual is equal before and under the law and has the right tothe equal protection and equal benefit of the law without discrimination and, inparticular, without discrimination based on race, national or ethnic origin,colour, religion, sex, age or mental or physical disability |
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Section 33 of the Charter of Rights and Freedoms |
(1) Parliament or the legislature of a province may expressly declare in anAct of Parliament or of the legislature, as the case may be, that the Act or aprovision thereof shall operate notwithstanding a provision included in section2 or sections 7 to 15 of this Charter. (2) An Act or a provision of an Act in respect of which a declaration madeunder this section is in effect shall have such operation as it would have butfor the provision of this Charter referred to in the declaration. (3) A declaration made under subsection (1) shall cease to have effect fiveyears after it comes into force or on such earlier date as may be specified inthe declaration. (4) Parliament or a legislature of a province may re-enact a declaration madeunder subsection (1). (5) Subsection (3) applies in respect of a re-enactment made undersubsection (4). |
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Reasonable Limit Clause |
the provision (clause) in the Charter stating that the Charter rights and freedoms are not absolute, so they can be limited if there is a justification |
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Rights and Freedoms |
legal entitlements that people can expect from the government |
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Burden of Proof |
the onus of bringing forth proof to prove someone's legal argument to the court |
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Notwithstanding Clause |
the provision in the Charter that allows the government to create certain laws that contradict some Charter Rights. Section 33 Refer to as the override clause |
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Ford v. Quebec (Attorney General), 1988 |
The Quebec Government passed Bill 101, requiring all signs to be only in French. That same year, the Supreme Court of Canada ruled that Quebec Bill 101 violated the Charter's guarantees freedom of expression. The government argued that the law was essential to the survival of the French Language. Using the notwithstanding clause, the Quebec Government passed Bill C-178, which allowed Quebec's French only law on public signs to stay in effect. |
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Which province was the first to pass a human rights law |
Saskatchewan was the first one to pass a human rights law in 1947 |
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How did the Charter fix the problems in the Bill of Rights |
The Charter offers a set of remedies that are available if an infringement was found. |
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Steps in Analyzing a Charter Case |
1. Does the Charter apply?- Is government involved 2. Has a Charter right or freedom been infringed?- list possible selection that apply? 3. Does the reasonable limits clause justify the infringement?- Is there a greater need to protect society? 4. If not, is there a remedy provided under the charter?- always a remedy. |
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To what five areas does the Saskatchewan Human Rights Code apply? |
1. Service for Goods and Facility - should have equal access to hospital, universities, shops, and restaurant. etc. 2. Accommodation - no person can be denied rental of residential or commercial accommodation if denied is based upon one of the areas prohibted by the code. - All person must be treated equally regarding the amount of rent, leases, rules, and regulations 3. Contract - Every person who has the legal capacity to enter into a contract can't be denied the right to enter into a contract because of discrimination. 4. Employment - Code provide that every person is entitled to the same and equal treatment in the workplace. 5. Membership in Vocational Institutions - Every person is entitled to the equal treatment with respect to membership in trade union/professional associations |
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What are the prohibited grounds of discrimination in Saskatchewan? |
1. Sexual Orientation 2. Race 3. Ancestry 4. Nationality 5. Place of origin 6. Color 7. Religion 8. Age (Only between 18-65 years old,< 18 or >65, you can be discriminated) 9. Sex 10. Martial Status 11. Disability 12. Family Status |
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Steps to analyze the Provincial Case |
IMPORTANT: Charter doesn't Apply 1. Is one of the prohibited grounds violated? 2. If yes, the law will apply . The person should file a complaint with the Human Rights Commission. |
