CLN 4U1 Short answers

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18 Terms

1
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What is the Charter of Rights and Freedoms?

a constitutional document that guarantees fundamental rights and freedoms to individuals in Canada. It was entrenched in the Constitution in 1982 as part of the patriation process. It protects freedom of expression, religion, equality, legal rights, and more from government interference.

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Why is the charter such an important document in Canadian Law

it ensures that laws and government actions respect the rights of individuals, and courts can strike down laws that violate it.

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What is the most important section of the charter to you?

Section 2 of the charter because it guarantees fundamental freedoms, including conscience and religion, thought, belief, opinion, and expression, as well as freedom of peaceful assembly and association, allowing for a peaceful society.

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What are human rights? How do you define them?

basic rights and freedoms inherent to all people, regardless of race, gender, nationality, or any other status. Includes;

  • Civil and political rights (e.g., right to life, freedom of speech)

  • Economic, social, and cultural rights (e.g., right to education, work)

They are universal, indivisible, and protected by law, both domestically and internationally.

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How are Human Rights protected in Ontario

Protected under the Ontario Human Rights Code, enforced by the Ontario Human Rights Commission (OHRC).

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How are human rights protected in Canada?

Protected under the Charter of Rights and Freedoms and Canadian Human Rights Act.

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How are human rights protected internationally?

Through documents like the Universal Declaration of Human Rights (UDHR) and organizations such as the United Nations Human Rights Council.

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Track the development of human rights throughout history. Uses? Abuses?

  • Early influences: Magna Carta (1215), American Bill of Rights (1791), French Declaration of the Rights of Man (1789)

  • Post-WWII: United Nations adopts the Universal Declaration of Human Rights (1948) in response to atrocities like the Holocaust.

  • Abuses: Colonialism, apartheid, slavery, and genocides.

  • Progress: International laws, tribunals, and institutions have been developed to protect rights.

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Key steps to our constitution

  • Before 1982, Canada’s Constitution was a British law (BNA Act).

  • In 1982, Prime Minister Pierre Trudeau led the push to patriate the Constitution.

  • Resulted in the Constitution Act, 1982, which included the Charter.

  • Key event: The “Kitchen Accord” and negotiations with provinces (Quebec did not sign).

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What are the 15 grounds of discrimination?

  • Age

  • Ancestry

  • Colour

  • Race

  • Citizenship

  • Ethnic origin

  • Place of origin

  • Creed

  • Disability

  • Family status

  • Marital status

  • Gender identity

  • Gender expression

  • Sex (including pregnancy and breastfeeding)

  • Sexual orientation

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5 social areas

  1. Employment

  2. Housing

  3. Services

  4. Contracts

  5. Membership in unions or associations

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How are the 15 grounds of discrimination and 5 social areas protected

Protected under the Ontario Human Rights Code

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What is OHRC and their role?

The Ontario Human Rights Commission (OHRC):

  • Promotes, protects, and advances human rights in Ontario.

  • Educates the public, does research, and recommends policy changes

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What is the Tribunal and their role?

Tribunal (HRTO – Human Rights Tribunal of Ontario):

  • Handles individual discrimination complaints.

  • Makes legally binding decisions.

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What is “Call it out” What does it teach?

“Call it Out” is an online training course by OHRC about anti-racism and racial discrimination. It teaches:

  • How to recognize racism

  • The impact of systemic discrimination

  • Ways to stand up against discrimination in daily life

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What are the goals of the Universal Declaration of Human Rights? Has this document/idea been successful?

  • Set a universal standard of human rights

  • Promote peace, dignity, and equality

  • Prevent atrocities like genocide and war crimes

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Has this document/idea of the UDHR been successful?

  • Mixed: It’s not legally binding, but it's influential.

  • Success in setting global norms and expectations.

  • Challenges remain with enforcement and compliance.

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Name and explain some current human rights violations/ issues that are taking place in the international community. What section in the UDHR should be used to protect them?

  • Uyghur Muslims in China: Arbitrary detention and forced labor (violates UDHR Articles 3, 5, 9)

    Article 3- Right to life

  • Article 5- No one shall be subject to torture