Human Rights Overview Quiz
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Questions and Answers

Which of the following is NOT a focus of the Universal Declaration of Human Rights?

  • Legal rights
  • Equality rights
  • Military rights (correct)
  • Economic rights

All provinces in Canada have their own human rights code and tribunal.

True (A)

What is the term for a preconceived notion or opinion based on a stereotype or inadequate information?

prejudice

The Human Rights Code protects people from discrimination based on a variety of factors, including their ______ status.

<p>marital</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Stereotyping = Oversimplified judgment of a group of people Discrimination = Treating someone unfairly because of their background or beliefs Human Rights = Basic rights and freedoms that belong to every person Harassment = Unwelcome and offensive behavior</p> Signup and view all the answers

According to the provided text, what was a major motivation for the creation of the Universal Declaration of Human Rights?

<p>The response to the Holocaust and WWII. (B)</p> Signup and view all the answers

Signing the Universal Declaration of Human Rights ensures that countries will face automatic punishments if they violate the rules.

<p>False (B)</p> Signup and view all the answers

Besides race and gender, name one other category that the Human Rights Code protects people from discrimination?

<p>ethnic origin</p> Signup and view all the answers

When did the Rome Statute enter into force with 60 state signatories?

<p>2002 (C)</p> Signup and view all the answers

The International Criminal Court (ICC) is solely responsible for all criminal prosecutions related to crimes against humanity.

<p>False (B)</p> Signup and view all the answers

What are the three main categories of crimes covered by the Rome Statute?

<p>Genocide, Crimes Against Humanity, and War Crimes</p> Signup and view all the answers

The ICC's jurisdiction only applies to crimes committed on or after ______.

<p>2002</p> Signup and view all the answers

Match the crime with its corresponding example:

<p>Genocide = Use of child soldiers Crimes Against Humanity = Israel v. Palestine War Crimes = Use of child soldiers</p> Signup and view all the answers

Which of the following is NOT considered a crime against humanity under the Rome Statute?

<p>Theft (A)</p> Signup and view all the answers

The ICC can only prosecute crimes committed by states that have accepted its jurisdiction.

<p>False (B)</p> Signup and view all the answers

What is the purpose of the Rome Statute?

<p>The Rome Statute establishes the International Criminal Court (ICC) to prosecute individuals for the gravest crimes of concern to the international community, namely genocide, crimes against humanity, war crimes, and the crime of aggression.</p> Signup and view all the answers

What is the primary purpose of granting remedies in a human rights case?

<p>To provide financial compensation and prevent future discrimination (C)</p> Signup and view all the answers

Special damages only cover general damages like pain and suffering.

<p>False (B)</p> Signup and view all the answers

What is the definition of racial discrimination?

<p>Any distinction, conduct, or action based on a person's race, whether intentional or not.</p> Signup and view all the answers

The ________ Act prohibited any Chinese person from entering Canada except for merchants or students.

<p>Chinese Immigration</p> Signup and view all the answers

Match the following historical events with their corresponding groups affected:

<p>Residential Schools = Aboriginals Chinese Head Tax = Chinese Japanese Internment = Japanese Holocaust = Jews</p> Signup and view all the answers

Which of the following is a type of financial compensation in human rights remedies?

<p>General damages (B)</p> Signup and view all the answers

Racialization connects traits and attributes to people based solely on their skin color.

<p>False (B)</p> Signup and view all the answers

Name a public interest remedy that aims to prevent future discrimination.

<p>Changing hiring practices or implementing education and training programs.</p> Signup and view all the answers

The Ontario Human Rights Code was influenced by the ________.

<p>Universal Declaration of Human Rights</p> Signup and view all the answers

What historical act aimed to limit the number of Chinese men entering Canada?

<p>The Chinese Immigration Act (C)</p> Signup and view all the answers

Stereotyping involves making assumptions based on perceived traits.

<p>True (A)</p> Signup and view all the answers

What is the primary role of the Ontario Human Rights Commission?

<p>To administer and enforce the Ontario Human Rights Code.</p> Signup and view all the answers

Following World War II, the treatment of ________ improved as they were recognized as allies.

<p>Chinese</p> Signup and view all the answers

Match the following racial grounds with their relevant identifiers:

<p>Place of Origin = Citizenship Ancestry = Ethnic Origin Creed = Colour Sex = Disability</p> Signup and view all the answers

Which philosopher believed that law is a mirror of nature?

<p>Thomas Aquinas (C)</p> Signup and view all the answers

John Locke was a proponent of absolute monarchy.

<p>False (B)</p> Signup and view all the answers

What are the three natural rights advocated by John Locke?

<p>life, liberty, and property</p> Signup and view all the answers

According to Thomas Aquinas, the four-tier hierarchy of law includes Eternal Law, Divine Positive Law, Natural Law, and ______ Law.

<p>Human Positive</p> Signup and view all the answers

Which of the following best describes Thomas Hobbes' view on justice?

<p>Justice relies on a superior authority for maintaining order. (C)</p> Signup and view all the answers

Match the philosophers with their main ideas:

<p>Thomas Aquinas = Law as a mirror of nature Thomas Hobbes = Security through authority John Locke = Natural rights and equality Aristotle = Logic and reasoning in ethics</p> Signup and view all the answers

Technological changes have no impact on the laws governing society.

<p>False (B)</p> Signup and view all the answers

An _________ system is where two opposing parties present their cases to an impartial judge.

<p>Adversarial</p> Signup and view all the answers

What does the Constitution Act, 1867 primarily establish in Canada?

<p>The structure of the Canadian government (B)</p> Signup and view all the answers

The Canadian Constitution is entirely written.

<p>False (B)</p> Signup and view all the answers

What is the significance of the Statute of Westminster, 1931?

<p>It granted Canada independence from British legislation and allowed Canada to make its own laws.</p> Signup and view all the answers

The division of powers in Canada is between the ______ and provincial governments.

<p>federal</p> Signup and view all the answers

Match the following sources of Canada's Constitution with their descriptions:

<p>Written Constitution = Constitution Act, 1867 Unwritten Constitution = Conventions guiding political conduct Court Decisions = Legal precedents from judicial rulings</p> Signup and view all the answers

Which of the following documents was a key part of Canada's constitutional evolution?

<p>The British North America Act (C)</p> Signup and view all the answers

Court decisions do not influence the interpretation of the Canadian Constitution.

<p>False (B)</p> Signup and view all the answers

What was the main outcome of the patriation of the Constitution in 1982?

<p>The Constitution was brought fully under Canadian control, including an entrenched Charter of Rights and Freedoms.</p> Signup and view all the answers

The term used for protecting parts of a constitution so they can only be changed through amendment is called ______.

<p>entrenchment</p> Signup and view all the answers

Match the following historical events with their significance:

<p>Treaty of Versailles = Canada signs its first treaty independently Meech Lake Accord = Recognized Quebec as a distinct society Statute of Westminster = End of legal subservience to Britain</p> Signup and view all the answers

What was a significant legal change resulting from the Constitution Act, 1982?

<p>The creation of the Canadian Charter of Rights and Freedoms (C)</p> Signup and view all the answers

The Canadian Constitution allows for amendments only with the agreement of all provinces.

<p>False (B)</p> Signup and view all the answers

Name one key aspect of Canada's unwritten constitution.

<p>Conventions that guide political conduct.</p> Signup and view all the answers

The _____ of Confederation did not mention a prime minister, but Canada has operated with one since then.

<p>Confederation Act</p> Signup and view all the answers

Flashcards

What is Natural Law?

Laws that originate from a higher, divine power. These laws are believed to be inherent and universal, governing conduct based on moral principles.

What is Positive Law?

Laws that originate from political authority and are enforced by the state. They are human-made and aim to maintain social order.

What is Feminist Jurisprudence?

A school of legal thought that challenges the objectivity of law, arguing that it is often used to perpetuate gender inequality and oppression.

What is Legal Realism?

A legal philosophy that emphasizes the practical application of law by judges and legal professionals, rather than abstract theories or philosophical principles.

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What is Trial by Ordeal?

A method of determining guilt or innocence in ancient and medieval societies. It involved subjecting the accused to painful or dangerous tests, with survival or healing seen as divine intervention.

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What is Trial by Combat?

A medieval practice where disputing parties fought, and the outcome determined guilt or innocence. The belief was that God would favor the righteous combatant.

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Natural Law (Aquinas)

A philosophical concept that describes laws reflecting inherent moral principles, discoverable through reason and divine revelation.

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Human Positive Law

A system of legal rules that are created and enforced by a government or other authority.

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Adversarial System

A type of legal system where two opposing parties present their cases to a neutral judge or jury.

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Social Contract Theory (Hobbes)

The idea that laws should be based on a social contract, where individuals agree to give up some freedoms in exchange for security and peace.

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Natural Rights (Locke)

The belief that governments should protect the fundamental rights of individuals, including life, liberty, and property.

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Divine Positive Law

A system of legal rules that are revealed by God, often found in sacred texts.

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Eternal Law (Aquinas)

Laws beyond human comprehension, representing the perfect order of the universe.

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Technological Change and Law

The idea that laws must adapt to technological changes and advancements.

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Human Rights

Principles that guarantee equal treatment and freedom from discrimination for all individuals.

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Discrimination

Unjustified treatment based on characteristics like race, gender, or sexual orientation.

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Prejudice

Preconceived judgments about a group based on limited information or stereotypes.

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Stereotyping

Oversimplified or fixed notions about a group, ignoring individual differences.

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Human Rights Code

A legal framework that protects individuals from discrimination based on specific characteristics.

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Universal Declaration of Human Rights

A landmark international declaration outlining fundamental human rights.

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Human Rights Organizations

Organizations that investigate and address human rights violations.

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Filing a Human Rights Complaint

The process of filing a complaint against a violation of human rights.

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What is the International Criminal Court (ICC)?

The International Criminal Court (ICC) was established in 2002 to prosecute individuals for the most serious crimes of concern to the international community. It is a court of last resort, meaning it only steps in when national courts are unable or unwilling to prosecute.

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What is the Rome Statute?

The Rome Statute is the treaty that established the International Criminal Court. It was signed in 1998 and entered into force in 2002. It defines the crimes that fall under the ICC's jurisdiction and outlines the court's procedures.

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What is the ICC's jurisdiction?

The ICC can only prosecute crimes committed after July 1, 2002, in countries that have ratified the Rome Statute, or in cases referred by the UN Security Council.

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What is Genocide?

Genocide is the intentional destruction of a national, ethnic, racial, or religious group, which includes killing members, causing serious harm, preventing births, and forcibly transferring children.

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What are Crimes Against Humanity?

Crimes against humanity are serious violations committed as part of a widespread or systematic attack directed against any civilian population. Examples include murder, rape, torture, enslavement, deportation, and persecution.

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What are War Crimes?

War crimes are grave breaches of the Geneva Conventions during an armed conflict. Examples include killing or torturing prisoners of war or civilians, attacking hospitals, directing attacks against historical monuments, and using child soldiers.

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What are some key features of ICC trials?

The ICC aims to ensure that trials are fair, victims are heard, prosecutions are independent, defendants' rights are upheld, and victims and witnesses are protected.

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How does the ICC relate to national courts?

The ICC complements existing national courts and only steps in when national courts are unable or unwilling to prosecute fairly. It does not replace national legal systems.

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Constitution

A nation's fundamental set of rules that outlines the structure of its government, the legal system, and the division of powers between different governing bodies.

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Nation's Rulebook

A set of rules that political actors must adhere to when creating, modifying, or eliminating laws.

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Canadian Constitution

The written document outlining the fundamental principles, structure, and powers of Canada's government, including the division of authority between federal and provincial governments.

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Constitution Adoption

The process by which a nation formally adopts its constitution, often involving a specific process or agreement.

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Constitutional Amendment

Process by which a nation's constitution can be amended or changed, usually requiring a specific set of procedures or agreements.

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Legislative Powers

The power of the Canadian government to create, modify, or revoke laws, which is further subdivided between different levels of government.

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Constitution Act, 1867

A British statute that established Canada as a dominion with its own constitution, outlining the division of powers between the federal and provincial governments.

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Constitutional Conventions

Unwritten customs and practices that are not formally codified in a written constitution but are followed in the operation of government.

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Constitutional Law From Court Rulings

Legal precedents, principles, and guidelines established by court rulings that interpret the constitution and its application.

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Patriation of the Constitution

The process by which the Canadian Constitution was officially transferred from British control to Canadian jurisdiction in 1982.

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Amending Formula

A process for amending the Canadian Constitution, requiring agreement from both federal and provincial governments.

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Victoria Charter

A proposed charter of rights that received initial support but faced opposition, leading to its withdrawal.

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Sovereignty-Association

A political proposal by the Parti Quebecois government that aimed to grant Quebec greater autonomy while maintaining certain economic ties with Canada.

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Entrenchment

The process of formally securing and protecting a portion of a constitution from being easily altered or repealed, preventing it from being changed without significant agreement.

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Meech Lake Accord

A constitutional package proposed by Prime Minister Mulroney that aimed to address some issues related to Quebec and provincial autonomy.

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What is a Remedy?

A remedy seeks to fix a situation resulting from discrimination, aiming to restore the complainant to the position they would have been in if the discrimination hadn't occurred.

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General Damages

General damages compensate for intangible losses like pain, suffering, and damage to reputation or dignity caused by discrimination.

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Special Damages

Special damages compensate for concrete financial losses incurred due to discrimination, such as medical costs, lost income, or lost rental deposits.

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Non-Financial Compensation

Non-financial remedies aim to correct the situation and make it seem as if discrimination didn't occur.

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Public Interest Remedies

Public interest remedies aim to prevent future discrimination from occurring by addressing systemic issues.

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Ontario Human Rights Code

The Ontario Human Rights Code is a comprehensive law in Canada that protects individuals from discrimination on various grounds, including race.

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What does 'Race' encompass under the OHRC?

The Ontario Human Rights Code defines race broadly, encompassing creed, citizenship, place of origin, colour, ethnic origin, and ancestry.

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What is 'Race'?

Race is a social construct based on physical differences that society chooses to emphasize, ultimately creating categories of people.

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What is 'Racialization'?

Racialization refers to attaching traits and attributes to individuals based on perceptions about their race. It often involves features outside of European culture being seen as different or negative.

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What is 'Racial Discrimination'?

Racial discrimination is a prohibited act that involves any distinction, conduct, or action based on a person's race, whether intentional or not.

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What is 'Systemic Discrimination'?

Systemic discrimination refers to built-in biases and inequalities within systems and institutions that disadvantage certain racial groups.

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What is 'Stereotyping'?

Stereotyping is making assumptions about individuals based on perceived traits associated with their race, often leading to unfair judgments.

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What were 'Residential Schools'?

Residential schools were government-funded institutions that forcibly separated Indigenous children from their families, aiming to assimilate them into European culture. These schools had devastating impacts on Indigenous families and communities.

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What was the 'Chinese Head Tax'?

The Chinese Head Tax was a discriminatory fee imposed on Chinese immigrants entering Canada, designed to limit their numbers. It was part of a broader system of racist policies targeting Chinese people.

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What was 'Japanese Internment'?

The Japanese internment during World War II saw Japanese Canadians wrongly imprisoned in camps based on suspicion and fear. This was a major violation of their human rights.

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Study Notes

Rule of Law

  • Law is needed to be enforced by those with legal authority.
  • Everyone is equal under the law, no one is above it.
  • This principle was established in the Roncarelli v. Duplessis case.

Natural Law

  • Based on a higher, divine power.
  • Believes law and morality are interconnected.

Roncarelli v. Duplessis

  • Landmark Canadian case (1959).
  • Established that government officials cannot exercise power arbitrarily.
  • Background on Maurice Duplessis: Attorney General of Quebec.
  • Background on Frank Roncarelli: Owned a restaurant in Montreal and was a respected businessman.
  • Dispute: Duplessis suspended Roncarelli's liquor license due to his support of Jehovah's Witnesses.
  • Result: Supreme Court of Canada awarded Roncarelli damages totaling $33,000.

Positive Law

  • Believes laws originate from political authority.
  • Focuses on written laws.
  • Aims to maintain social order.

Justice

  • The concept of fairness and moral rightness in applying laws.
  • Ensures all people are treated equally under the law, without discrimination.

Socrates (470-399 BCE)

  • Developed the dialectic method.
  • (Questions to further address questions).
  • Spoke about justice, knowledge, love, and virtue.

Plato (428-348 BCE)

  • Believed in absolute truths reflected in the law.
  • Believed laws should not be subservient to government.
  • Emphasized justice as harmony within society.

Aristotle (384-322 BCE)

  • Considered the founder of natural law.
  • Believed law is in nature and can be understood through human reason.
  • Emphasized justice as harmony within society.

St. Thomas Aquinas (1225-1274 CE)

  • Believed law mirrors nature and is revealed through reasoning.
  • Believed in a four-tier hierarchy of law.

Thomas Hobbes (1588-1679)

  • Believed in order within society through secure authority.

John Locke (1632-1704)

  • Emphasized natural rights (life, liberty, and property).
  • Believed governments should protect these rights.

Jurisprudence

  • The study and theory of law, examining its principles, application, and societal impact.
  • Adversarial System: features two opposing parties before an impartial judge.
  • Inquisitorial System: judges actively investigate the facts.
  • Alternative Dispute Resolution (ADR): involves mediation, arbitration, and conciliation.

Statute Law

  • Laws passed by government (Federal and provincial legislatures).
  • Now many common law decisions are written down as statutes.

Royal Commissions

  • Government-appointed inquiries investigating major issues and recommending reforms.
  • Academic study and critique of laws, legal systems, and their development.

Political Demonstrations

  • Public gatherings or protests advocating for political or social change.

Technological Changes and Values

  • Technological advancements have influenced legal changes.
  • Shifting social values and norms influence legal practices.

National Emergencies

  • Laws are adjusted to accommodate urgent societal needs, e.g., terrorism and pandemics.

Individual and Collective Actions

  • Individuals and groups can promote legal changes through protests and lobbying.
  • One person can really change how things are done, example: Nelson Mandela.

Case Law/ Common Law

  • Law that originates from court decisions on previous cases.
  • Decisions from higher courts will affect decisions on future / similar cases. (Stare decisis).

Lobby Groups

  • Organizations that influence government policies to represent specific interests.

Constitutional Law

  • Explains the rights and responsibilities of citizens.
  • Describes the structure and powers of federal and provincial governments.
  • Demographic shifts: Laws may adjust based on shifting populations.

Rights and Freedoms

  • Legal, moral, and social claims that people are entitled to, primarily from their government.

Human Rights

  • Rights that all individuals are entitled to based on their humanity, including fair treatment.
  • Emphasis on equitable treatment and freedoms.

History of Human Rights

  • Evolution of human rights over time.
  • Magna Carta (1215), Declaration of Independence (1776).
  • Declaration of Rights of Man and Citizen (1789).
  • Other significant periods and documents relating to human rights.

Canadian Constitution and Sources

  • Three Main Sources: -Written Constitution: The Constitution Act, 1867 -Unwritten Constitution or Conventions -Constitutional Law from Court Rulings.
  • The statute of Westminster (1931).

Canadian Charter of Rights and Freedoms

  • Guarantees fundamental rights (not absolute).
  • Section 1: reasonable limits on rights by law.

Section 33: The Notwithstanding Clause

  • Allows Parliament or a province to explicitly create exception to the charter's protection of rights.

International Law

  • Governs relationships between countries.
  • Deals with issues like human rights, trade, and international disputes.

International Organizations

  • United Nations, World Trade Organization (important ones), etc.
  • Provide forums for diplomacy and cooperation between states.

International Courts

  • International Criminal Court (ICC), International Court of Justice (ICJ).
  • Feminist Jurisprudence: Questions the objectivity of law and equality for all genders.
  • Legal Realism: Believes that law comes from the practice of law.

Criminal Law

  • Covers crime, criminal process, and punishment.
  • Actus Reus (guilty act) and Mens Rea(guilty mind).
  • Different levels of offences, like summary and indictable.

Criminal Trial Process

  • Stages a criminal trial goes through.
  • Procedures followed by the Crown, defence, and judges, including preliminary examinations, pleas, and jury selection.

Types of Evidence

  • Describes the different types of evidence in a criminal trial.
  • Include physical evidence, eyewitness testimony, polygraph tests and other types.

Historical Abuse of Rights

  • Discrimination/Racism throughout the history of Canada.
  • Discrimination against specific groups (e.g., Indigenous peoples, women, Chinese Canadians, Japanese Canadians, Jews) and the struggles related to those issues.

Accessibility

  • Legislation like the Ontario Human Rights Code and Accessibility for Ontarians with Disabilities Act (AODA) address accessibility and related issues in Canada.

International Criminal Court (ICC)

  • Deals with the gravest crimes of concern to the international community(e.g., genocide, war crimes, or crimes against humanity).
  • Explains the ICC's role in investigating, prosecuting, and trying individuals for serious crimes. (e.g., how investigations are initiated, court proceedings, and consequences for convicts)

Additional Notes:

  • Dates, names, and details change and evolve.
  • Details of each specific entity should be expanded upon if more information is required.

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Test your knowledge about the Universal Declaration of Human Rights and related concepts. This quiz covers various aspects, including definitions, legal protections, and historical context. Challenge yourself and see how well you understand human rights principles!

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