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Which branch of government passes laws?
The Convention on the Rights of the Child was adopted in 1948.
False
What are the five federal elements of marriage?
Mental capacity, close relationships, minimum age, genuine consent, unmarried status
The Gordon v Goertz decision was significant in the context of _______________ law.
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Match the following types of custody with their descriptions:
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What is the primary role of the Judicial branch of government?
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Harassment is a single incident that violates the human rights of the victim.
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What are the four provincial elements required for marriage?
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In Ontario, what is a requirement for residential tenants to sub-rent or assign their rental unit?
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In a prosecution, the burden of proof is on the defendant to prove their innocence.
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What is the name of the case that challenged the constitutionality of Canada's abortion law?
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In a trial, the onus shifts to the accused person to convince the court that they should be released, rather than detained, while awaiting their trial, known as _______________.
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What is the term for 2nd hand information in a trial?
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Match the following court cases with their respective descriptions:
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A landlord is responsible for compensating a tenant if they evict them from their unit to renovate.
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What is the term for harassing a witness with questions in a trial?
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What is the primary goal in deciding a case involving a child, as established by Goertz?
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In a tort case, the plaintiff is the party that caused the harm.
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What is the role of the Landlord Tenant Board of Ontario?
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Intentional torts include actions intended to cause injury to others, such as _______________.
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What is the term for harmful behavior, such as physical attack on one's person or interference with one's possessions?
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In a tort case, the defendant is the party that was harmed.
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Match the type of tort with its description.
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What are the landlord's responsibilities regarding a tenant's security deposit?
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Study Notes
Ombudsman and Harassment
- An Ombudsman is a provincial legislature officer who investigates complaints about unfair treatment by government service providers.
- Harassment is persistent behavior that violates human rights, including sexual harassment.
- Sexual harassment may include unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favors, and displays of sexually offensive pictures or graffiti.
UN Conventions
- Convention on the Prevention and Punishment of the Crime of Genocide (1948)
- Convention on the Rights of the Child (1959)
- International Covenant on Civil and Political Rights (1966)
- International Covenant on Economic, Social, and Cultural Rights (1966)
- Convention on the Elimination of All Forms of Discrimination Against Women (1979)
- Declaration on the Rights of Indigenous Peoples (2007)
Branches of Government
- Legislative: passes laws
- Executive: implements laws
- Judicial: interprets laws
Marriage and Divorce
- 5 federal elements of marriage: mental capacity, close relationships, minimum age, genuine consent, unmarried status
- 4 provincial elements for marriage: marriage license or banns, marriage ceremony, establishing age requirements, registering for marriage
- Consideration of child(ren) after divorce: types of access (reasonable, defined, supervised), custody types (joint, sole)
- Child support calculation and factors: determining children's fate, payor's income, number of children, province of residence
Torts
- Definition: harmful behavior, such as physical attack, interference with possessions or land, economic interests, honor, reputation
- Types of torts: intentional (defamation, assault, battery, sexual abuse, false imprisonment, trespass), unintentional (medical negligence, negligence, occupier's liability, car accidents, wrongful death)
- Elements of negligence: duty of care, breach of duty, causation, damages
Landlord and Tenant Rights
- Landlords cannot impose repayment agreements on tenants, and tenants cannot be evicted for refusing a rent repayment plan
- Basic landlord-tenant laws: adequate notice before eviction or rent increase, security deposit protection, right to a court hearing
- Landlord Tenant Board of Ontario: resolves disputes between landlords and tenants through mediation or adjudication
- Subleasing requirements: tenants have the right to sub-rent or assign their rental unit with landlord consent
- Renovictions: landlord must compensate tenant if evicted for renovation, repair, or demolition
- Landlord responsibilities: duty to provide access, temperature control, etc.
Legal Concepts
- Hearsay: 2nd hand information
- Badgering: harassing with questions
- Leading: cannot phrase questions to suggest a specific answer
- Irrelevant: all questions must be relevant
- Speculation: no conjunctive or extrapolation
- Prosecution: prove the case "beyond reasonable doubt"
- Shifting: onus shifts to the accused to convince the court of release
- Statutory: violation of certain laws puts onus on the defendant
Notable Court Cases
- R.v.Morgentaler: challenged the constitutionality of Canada's abortion law, ruled that the law was unconstitutional
- R.v.Sharpe: ruled that the prohibition of simple possession of child pornography was not justifiable
- R.v.Oakes: section 8 of the Narcotic Control Act violated the presumption of innocence enshrined in the Canadian Charter of Rights and Freedoms
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Description
This quiz covers the roles of an ombudsman, harassment, and sexual harassment, as well as UN Conventions related to human rights. Test your knowledge of these important topics.
