Human Rights & Law: Key Terms

Key Terms in Human Rights and Law

• Right: Entitlement to something by law.
• Freedom: Ability to act, speak, or think without constraint.
• Reasonable Limits Clause: Government power to limit rights when necessary.
• Notwithstanding Clause: Government ability to override certain rights for five years.
• Constitution Act: Fundamental law shaping Canada's government.
• BNA Act: Original law establishing Canada in 1867.
• Charter of Rights and Freedoms: Guarantees rights and freedoms in Canada.
• Meech Lake Accord: Attempt to recognize Quebec as a distinct society that failed.
• Statute of Westminster: Granted Canada the power to make its own laws in 1931.
• Amending Formula: Process for modifying the Constitution.
• Charlottetown Accord: Failed 1992 attempt to amend the Constitution.
• Human Rights: Basic freedoms and protections for all.
• Stereotyping: Making assumptions about individuals.
• Prejudice: Judging others without knowing them.
• Ontario Human Rights Commission (OHRC): Protects human rights within Ontario.
• Universal Declaration of Human Rights (UDHR): UN document outlining basic human rights.
• Services, Goods, and Facilities: Areas where discrimination is prohibited.
• Employment: Rights and protections in the workplace.
• Housing: Protection against unfair treatment in renting or buying property.
• Contract: Legal agreements adhering to human rights laws.
• Membership in Union: Protection against discrimination in unions.
• "Call it Out": Anti-racism and human rights training program.
• Accessibility for Ontarians with Disabilities Act, 2005 (AODA): Ensures accessibility for people with disabilities.
• Race: A protected category under human rights laws.
• Racial Discrimination: Unfair treatment based on race.
• Discrimination Intersection: Experiencing multiple forms of discrimination simultaneously.
• Features of Racialization: Societal attribution of meaning to racial differences.
• Collective Rights: Rights belonging to specific groups, such as Indigenous peoples.
• Royal Proclamation (1763): Recognized Indigenous land rights.
• Indian Act: Canadian law concerning Indigenous peoples, criticized for being unfair.
• Land Claims: Disputes regarding Indigenous land ownership.

Big Ideas in Rights and Freedoms

• The Charter of Rights and Freedoms is essential for protecting fundamental freedoms, democratic, mobility, legal, equality, and language rights, and for upholding democracy and justice.
• Human rights are fundamental freedoms and protections for all individuals, including civil, political, economic, social, and cultural rights, irrespective of nationality, race, gender or beliefs.
• Human rights protection in Ontario: Through the Ontario Human Rights Code (OHRC), enforced by the Ontario Human Rights Commission (OHRC).
• Human rights protection in Canada: Through the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.
• Human rights protection Internationally: Through the Universal Declaration of Human Rights (UDHR), enforced by the United Nations (UN) and international courts.
• Historical milestones in human rights: Include Magna Carta (1215), Bill of Rights (1689), UDHR (1948), and the Canadian Charter of Rights and Freedoms (1982).
• Abuses of human rights: Include slavery, apartheid, and genocide such as the Holocaust and Rwandan Genocide.
• Rights are not absolute: Rights are limited, such as hate speech laws and public safety restrictions, to balance individual freedoms and societal well-being.
• Before 1982, constitutional changes in Canada: Required Britain's approval.
• Patriation Process of the Constitution: Involved passing the Constitution Act, 1982, which added the Charter of Rights and Freedoms and the Amending Formula.
• The 15 grounds of discrimination protected under the OHRC: Age, race, ancestry, place of origin, colour, citizenship, creed, disability, sex, sexual orientation, gender identity, gender expression, family status, marital status, and receipt of public assistance.
• The 5 Social Areas are: Employment, housing, services, contracts, and union membership.
• The Ontario Human Rights Commission (OHRC) promotes human rights, investigates discrimination, and develops policies, while the Human Rights Tribunal of Ontario (HRTO) resolves complaints.
• Human rights complaint process: Involves filing a complaint, mediation, a tribunal hearing (if unresolved), a decision, and a possible appeal.
• "Call it Out's" purpose: An anti-racism and human rights training module in Ontario.
• List of issues relating to Indigenous human rights in Canada: Residential schools, missing and murdered Indigenous women, land disputes, and lack of clean water.
• Canada violated Indigenous rights: Through historical and ongoing systemic discrimination.
• Goals of the Universal Declaration of Human Rights (UDHR): Protecting human dignity, preventing discrimination, and promoting peace.
• Success rate of the UDHR: Partially successful as many rights violations still occur, but it remains a global standard.
• Current human rights violations: Include the Uyghur genocide in China, which violates UDHR articles on freedom and protection from persecution, and the Rohingya crisis in Myanmar, which violates rights to nationality and asylum.