Podcast
Questions and Answers
What does the Universal Declaration of Human Rights establish?
What does the Universal Declaration of Human Rights establish?
Which section of the Canadian Charter of Rights and Freedoms includes the reasonable limits clause?
Which section of the Canadian Charter of Rights and Freedoms includes the reasonable limits clause?
What key aspect does the Oakes Test evaluate?
What key aspect does the Oakes Test evaluate?
What does the term 'Mens Rea' refer to in criminal law?
What does the term 'Mens Rea' refer to in criminal law?
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Which freedom is NOT included in Section 2 of the Canadian Charter of Rights and Freedoms?
Which freedom is NOT included in Section 2 of the Canadian Charter of Rights and Freedoms?
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What is the purpose of the Ontario Human Rights Code?
What is the purpose of the Ontario Human Rights Code?
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Which right is NOT specifically addressed in Sections 7-14 of the Canadian Charter of Rights and Freedoms?
Which right is NOT specifically addressed in Sections 7-14 of the Canadian Charter of Rights and Freedoms?
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What does the Notwithstanding Clause in Section 33 of the Canadian Charter allow?
What does the Notwithstanding Clause in Section 33 of the Canadian Charter allow?
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Study Notes
Magna Carta and its Influence
- Magna Carta was a historic English document that influenced the development of constitutional law and human rights.
American Bill of Rights
- Provided a model for protecting individual rights within a democratic system.
French Declaration of the Rights of Man & Citizen
- Focused on individual liberty and equality impacting global human rights thought.
Universal Declaration of Human Rights (UDHR)
- Adopted by the UN in 1948, creating a global standard for human rights.
Canadian Charter of Rights and Freedoms
Section 1 - Reasonable Limits Clause
- Rights can be limited by law if justified in a free and democratic society.
Section 2 - Fundamental Freedoms
- Includes freedom of thought, belief, expression, peaceful assembly, and association.
Sections 3-6 - Democratic and Mobility Rights
- Right to vote, run for office, and move freely within Canada (must be a citizen).
Sections 7-14 - Legal Rights
- Rights to life, liberty, security, fair trials, and protection from arbitrary detention.
Section 15 - Equality Rights
- Protection against discrimination based on race, religion, sex, and other factors.
Sections 16-22 - Language Rights
- Right to use English or French in federal courts and institutions.
Section 25 - Aboriginal Rights
- Acknowledges protection for Indigenous rights and traditions.
Section 33 - Notwithstanding Clause
- Allows governments to override certain Charter rights (provincial/territorial), reviewed every 5 years.
Oakes Case and Test
Oakes Test
- A legal test to assess if a law limiting Charter rights is justified under Section 1.
- Factors considered:
- Pressing and substantial objective.
- Proportionality (limitation not overly broad).
Ontario Human Rights Code
- Protects against employment, housing, and service discrimination, ensuring equal opportunity in Ontario.
Criminal Law Concepts
General Concepts
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Unions: Organizations negotiating on behalf of workers for better terms.
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Mens Rea: Criminal intent or knowledge of wrongdoing.
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Actus Reus: The physical act committed during a crime.
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Bail: Temporary release awaiting trial.
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Habeas Corpus: The right to be brought before a court if detained.
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Description
Explore the key historical documents that have shaped human rights and constitutional law, including the Magna Carta, American Bill of Rights, French Declaration, and Universal Declaration of Human Rights. This quiz highlights their influence on individual liberties and democratic principles worldwide.
