Term
| Canadian Charter of Rights and Freedoms |
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Definition
1982. Included in constitution, therefore hard to change.
Applies only when government is involved. |
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Term
| Natural law theory vs. Positive Law theory |
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Definition
Natural - there is an ideal, unchanging set of rules and morals, so rights are universal
Positive - law is whatever government decides, rights are just abstract philosophical notions |
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| Human rights vs. Civil Rights |
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Definition
| Human rights are guaranteed to anyone, civil rights only apply to citizens |
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Term
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Definition
| 1947, before that we were British subjects |
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Term
| Collectivists vs. Civil Libertarians |
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Definition
Collectivists - like communitarians, divided into horizontal or vertical.
Civil libertarian - libertarian |
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Term
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Definition
Made women included in the legal term "person"
Late 1920s. The Famous Five (women) went to the Supreme Court and got overruled, and then the Judicial Committee of the British Privy Counsel (highest appeal at that point). Ruling was in their favour, so women could sit in the Senate. |
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Term
| Ford v. Attorney General of Quebec |
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Definition
1988
Ford had a sign "Laine Wool" that went against Bill 101 in Quebec that made all signs be French. She said this was against CCRF section 2b (freedom of expression) and won. Quebec then made Bill C-178 which used the notwithstanding clause to mandate French-only signs |
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Term
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Definition
1985
Wanted to open on Sundays, but this was against the Lord's Day Act. This was against CCRF Section 4 (religious freedom) and not a reasonable limit, so ruling was in Drug Mart's favour |
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Term
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Definition
1986
Created Oakes test and established the Charter's ability to challenge laws.
Mr. Oakes was found with hash oil, and under the Narcotic Control Act he had to prove himself innocent for trafficking (reverse onus). He said this went against s. 11(d) of the Charter. It was eventually decided that trafficking was a reasonable limit, but there had to be a limit on the amount. Oakes test asks if the legislation is rationally connected, creates minimal impairment, and proportionality |
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Term
| Quebec Sovereignty and Separation |
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Definition
Bill 101 and Bill C-187 about signs being only in French
Quebec has trouble being different
Votes on sovereignty 1980 - defeated 59% to 40%, and 1995 defeated 51% to 49%.
Bill 104 made so some Quebec students couldn't go to public English schools, but this was decided unconstitutional in 2009. |
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Term
| Funding for Private or Minority Language Schools |
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Definition
Catholic schools are funded because of history
French schools are funded because official language
Section 23 of Charter says everyone has the right to instruction in their native tongue (English or French), and other sections say that students who have parents or siblings educated in one language have the right to that in their case too. Subsection 3b says that this instruction should be publicly funded when numbers allow. |
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Definition
Gay marriage has been legal in Canada since 2005 because no discrimination based on sex, and freedom of expression.
Civil Marriage Act was passed in 2005 and is called Bill C-38. |
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Term
| Employment Equity/Affirmative Action programs |
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Definition
| Employment Equity Act was made in 1984. These strive to help women, visible minorities, those with disabilities, and aboriginal peopl. |
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Term
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Definition
| Include Ipperwash, Oka, Caledonia - government takes land, often on burial sites and makes things. |
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Definition
| A Metis. Government took Rupert's Land without Metis permission. Metis decided to fight back, and Louis Riel led this. He is viewed as a hero or a terrorist. |
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Term
| Canadian Human Rights Commission and Tribunal |
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Definition
Commission - conciliation and suggestions. 3-6 members, independent from government, can perform audits of employers. Raise awareness and inform the public.
Tribunal - legal power, up to 15 members. Almost a court. Decisions can be appealed to federal courts. Federal institution but set of province by province
Members are appointed by General General at suggest of Prime Minister. |
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Term
| Ontario Human Rights Code |
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Definition
1962.
All about discrimination ("on receipt of public assistance," handicap, family status, ancestry, race, colour, citizenship, place of origin, record of offenses, marital status, sex and sexual orientation, in facilities, contracts, accomodations, trade unions, employment, goods and services unless bona fide requirements). |
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Definition
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Term
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Definition
| Nazi officers going to trial (determined that it wasn't an excuse to do something because you were told) |
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Definition
| In BC, woman stated she could not wash her hands for physical reasons, went to tribunal and won (MacDonalds apparently did not try hard enough to accomodate). |
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Definition
| 2007, Canadian Islamic Congress filed complaints with the BC Human Rights Tribunal against a column in Macleans that was supposedly Islamaphobic. They wanted to be able to print an article (whatever they liked). Human Rights tribunal dismissed the complaint because of freedom of press and speech, and the article not being extreme. |
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Term
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Definition
1988
M and 2 doctors had private abortion clinic in violation of s 251 of criminal code. He didn't agree with this section, and SC ruled in his favour (the abortion law was struck down). Reasons were s. 7 of charter (right to security of person), and woman's rights come before fetus. |
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Term
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Definition
| 1989. D became pregnant and T abused her through the pregnancy, so D wanted an abortion. T sought an injunction to "protect the fetus' right to life." There was no precedent for what point a fetus became a person, and it was decided a fetus is not a person. Therefore men no longer can seek an injunction of this sort. SC ruled in Daigle's favour. |
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Definition
| 1990. K, a teacher, was teaching that the holocaust never happened (racial assumptions). S.C. had to decide if section 319(2) and (3a) of Criminal Code (regarding hate speech) violated 2b and 11d of CCRF. It was found the restrictions were reasonable limits, so he was prosecuted. |
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Term
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Definition
| 1990. A was a leader of a white supremacist group who made racist magazine articles. Basically same as Keegstra (another SC case). |
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Term
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Definition
| 1992. Z was spreading the belief that the holocaust never happened. Tried under section 181 of Criminal Code (false information spreading). However, this violated freedom of expression and the section was struck down (Z won). SC case. |
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Term
| Irwin Troy Ltd. v. Quebec (Attorney General) |
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Definition
| 1989. Quebec had a law prohibiting advertising aimed at children under 13. Toy company challenged it with section 2b of Charter. SC decided the law was a reasonable limitation. |
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Term
| Zylberberg v. Sudbury Board of Education |
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Definition
| 1988. Z complained about public schools still saying Lord's prayer, saying it was against CCRF Section 2a. SC ruled in his favour, which struck down section 28(1) of the Education Act Regulation (daily prayer in schools) |
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Term
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Definition
| 2000. Town counsel version of Zylberberg. Same ruling by SC. |
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Term
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Definition
| 1992. S wanted to vote despite being incarcerated. Canada Elections Act restricted this. Ruling was in his favour as the section of the CEA was found to violate fundamental rights. |
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Term
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Definition
| 1986. M, an incarcerated repeated offender said his right to a trail within a reasonable time (11b of CCRF) was being infringed on. Ruling was against him, as he was arguing a case from 1981, before the Charter. |
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Term
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Definition
| 1990. Same argument as Mills. SC ruling was in his favour as it was after the Charter. |
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Definition
| 1986. Mother wanted her severely mentally handicapped daughter sterilized. SC ruling was that she could not (section 7 of Charter). Created precedence. |
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Term
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Definition
| 1993. Tracey Latimer had severe cerebral palsy. Father Robert killed her, arguing it was an act of necessity. Originally SC charged him with 1st degree murder, but it was lowered to 2nd and he has full parole since he is not a dangerous offender or at risk of repeated offense, so full time would violate s.12 of Charter. |
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Term
| Action Travail des Femmes v. Canadian National Railway Co |
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Definition
| 1987. Lobby group complained the CNL was only hiring women for clerical jobs. CHRT ruled that CNL must hire 1 woman per 4 people hired, when appealed, SC agreed (due to s.41a of Charter) |
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Term
| BC v. BCGSEU (Tawney Meiorin Bhinder v. CR) |
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Definition
| 1999. Female firefighter was fired after many years of service, since she could not pass new fitness standards. SC ruling was in her favour, as the research of the standards was not complete. Led to Meiroin test to see if requirements are reasonable: 1. Rational Connection, 2. Honest and Good faith belief, and 3. Standard necessary for the purpose of the work. |
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Definition
| 2003. Two men wanted to get married, and found the current common law definition violated s. 14 of their Charter rights. SC unanimously agreed, and had the definition changed immediately (unusual). |
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Definition
| 2005. An elderly man required medical assistance and was tired of long wait times. C, a doctor, wanted to register privately but couldn't (Quebec laws). Issue was impact it would have on universal health care system. SC ruled in favour of C, but held it for a year so Quebec could make changes. They made is so that doctors had to work publicly for a certain period before going private. |
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| 1991. K was convicted of 1st degree murder in Pennsylvania, and escaped prison and came to Canada. SC decided it was fine to send him back to face death penalty. This did not violate s.7 or 12 of Charter because he was not Canadian. |
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Term
| Reference re. Ng Extradition |
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Definition
| 1991. Same issue as Kindler, but from California. Same decision by SC. This set precedent along with Kindler. |
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Term
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Definition
| 2001. 2 Canadian citizens went to the US and murdered family members. This time they could not be sent to death penalty as they were Canadian citizens. They were extradited by the SC but only with the assurance they would not face the death penalty. |
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Term
| Hall (Litigation guardian of) v. Powers |
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Definition
| 2002. H, a teen male, wanted to bring his same sex partner to the Prom at his Catholic school, and was denied. SC found this discriminatory under s.15(1) of the Charter, and since it was not a religious service, ruling was in his favour. |
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