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Questions and Answers
What are the three main types of rights outlined in the class slides?
What are the three main types of rights outlined in the class slides?
The three main types of rights are civil, political, and economic/social rights.
What is the Canadian Charter of Rights and Freedoms, and how does it differ from a constitution?
What is the Canadian Charter of Rights and Freedoms, and how does it differ from a constitution?
The Canadian Charter of Rights and Freedoms is a part of the Constitution that guarantees rights and freedoms to Canadian citizens and differs because it specifically outlines individual rights compared to the broader legal framework of the Constitution.
What is the Oakes Test and what are its four criteria?
What is the Oakes Test and what are its four criteria?
The Oakes Test is a legal test used to determine if a law that infringes on rights can be justified under section 1 of the Charter, and its four criteria are: pressing and substantial objective, rational connection, minimal impairment, and proportionality.
Choose one landmark case and summarize its legal issue and decision.
Choose one landmark case and summarize its legal issue and decision.
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What does the term 'entrenched' mean in relation to rights in the Charter?
What does the term 'entrenched' mean in relation to rights in the Charter?
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Study Notes
Rights and Freedoms
- Rights and freedoms are entitlements and protections granted to individuals, defining the limits of government power.
- Differences exist in how these are applied and the specific issues related to each.
- Three main categories of rights often discussed: civil rights, political rights, and social and economic rights.
United Nations Declaration of Human Rights
- A foundational document outlining fundamental human rights.
- Sets standards for how people should be treated.
Canadian Bill of Rights (1960)
- An early attempt to codify fundamental rights in Canada, predating the Charter.
- Limitations: Not entrenched in the Constitution, meaning the government could amend it or ignore it. It's legal status was not secure.
Ontario Human Rights Code
- Provincial legislation, distinct from federal laws, aiming to protect individuals from discrimination in Ontario.
- Difference in application: Focuses on provincial matters.
- Importance and reason: Addressing rights issues specific to the province not covered broadly by federal laws.
Canadian Charter of Rights and Freedoms and the Constitution
- Charter: A document that specifically defines and enshrines rights and freedoms in the Canadian legal system.
- Constitution: The supreme law of Canada, establishing the framework for government and fundamental rights.
- Amending Formula: Procedures for changing the Constitution are tightly regulated due to the importance of protecting fundamental rights.
- Entrenchment: Making rights and freedoms legally unchangeable or difficult to change. This makes rights and freedoms difficult to change or ignore.
Charter Sections (1-6, 15) Basic Overview
- Sections 1-6: Outline fundamental freedoms (e.g., freedom of conscience, religion, thought, belief).
- Section 15: Provides guarantees of equality.
Section 33: Notwithstanding Clause
- Allows Parliament or provincial legislatures to override certain Charter rights. Example: when it is necessary to address urgent or significant concerns.
- Usage/threatened usage: Used or discussed to be used in situations involving conflicting values or priorities.
Oakes Test
- A test applied by courts to determine if a limit on a Charter right is justified.
- Four criteria: The law must have an important objective; the law must be rationally connected to achieving that objective, The impact on rights must be minimal and proportional; must be a minimal limit on rights.
Fundamental Freedoms and Landmark Cases
- Choose ONE of these landmark cases for in-depth study from the assignment:
- AC v Manitoba
- Alberta v Hutterian Brethren of Wilson Colony
- Multani v Commission Scolaire Separate de la Pointe-de-l'Île
- Chamberlain v Surrey School District No. 36
Equality Rights
- Equality: The state of being equal, fair, and impartial.
- Discrimination: Unjust or prejudicial treatment of a person or group based on specific characteristics (race, religion, etc.)
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Description
Explore the essential concepts of rights and freedoms, including civil, political, and social rights. This quiz examines foundational documents such as the United Nations Declaration of Human Rights and the Canadian Bill of Rights. Test your understanding of how these frameworks shape human rights legislation.
