Human Rights Documents Overview
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Questions and Answers

What does the Universal Declaration of Human Rights establish?

  • A global standard for human rights (correct)
  • A model for protecting individual rights in government
  • A framework for election processes worldwide
  • A guideline for fair trials in legal systems

Which section of the Canadian Charter of Rights and Freedoms includes the reasonable limits clause?

  • Section 33
  • Section 15
  • Section 25
  • Section 1 (correct)

What key aspect does the Oakes Test evaluate?

  • The fairness of legal trials
  • The justification of laws limiting Charter rights (correct)
  • The eligibility of citizens to vote
  • The necessity of legal representation

What does the term 'Mens Rea' refer to in criminal law?

<p>The intent or knowledge of committing a crime (C)</p> Signup and view all the answers

Which freedom is NOT included in Section 2 of the Canadian Charter of Rights and Freedoms?

<p>Freedom from discrimination (A)</p> Signup and view all the answers

What is the purpose of the Ontario Human Rights Code?

<p>To protect against discrimination in various sectors (D)</p> Signup and view all the answers

Which right is NOT specifically addressed in Sections 7-14 of the Canadian Charter of Rights and Freedoms?

<p>Right to free speech (A)</p> Signup and view all the answers

What does the Notwithstanding Clause in Section 33 of the Canadian Charter allow?

<p>Provincial laws to override certain Charter rights temporarily (D)</p> Signup and view all the answers

Flashcards

Magna Carta

This document, signed in 1215, limited the power of the English King and influenced the development of legal rights and freedoms for people.

American Bill of Rights

The first ten amendments to the US Constitution, protecting individual rights such as freedom of speech, religion, and the press.

French Declaration of the Rights of Man and Citizen

This document, approved in 1789, emphasizes individual liberty, equality, and the rights of citizens in France.

Universal Declaration of Human Rights (UDHR)

A universal document adopted by the United Nations in 1948, outlining fundamental human rights for everyone.

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Section 1 - Reasonable Limits Clause (Canadian Charter)

A part of the Canadian Charter, this section allows the government to limit rights if it's justified in a free and democratic society.

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Section 2 - Fundamental Freedoms (Canadian Charter)

This section of the Canadian Charter protects fundamental freedoms like speech, religion, assembly, and association.

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Oakes Test

This legal test helps decide if a law limiting Charter rights is justified. It focuses on the reason for the limitation and whether it's proportionate to the goal.

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Ontario Human Rights Code

This Ontario law protects against discrimination in areas like employment, housing, and services, ensuring equal opportunities for everyone in Ontario.

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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).
  • 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

  • Unions: Organizations negotiating on behalf of workers for better terms.

  • Mens Rea: Criminal intent or knowledge of wrongdoing.

  • Actus Reus: The physical act committed during a crime.

  • Bail: Temporary release awaiting trial.

  • 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.

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