Canadian and International Law: Vocabulary and Concepts

Flashcards reviewing key vocabulary and concepts from the lecture notes on Canadian and International Law.

Justice

Fair and impartial treatment of individuals in society, encompassing both punishment for wrongdoing and fair allocation of resources.

Equality

Treating everyone the same, regardless of differences, contrasted with providing individuals what they need to succeed (equity).

Freedom

The ability to act, think, or speak without undue restriction, including both the capacity to act and freedom from external interference.

Morality

Principles of right and wrong that guide human behavior, divided into laws/norms governing society and personal beliefs/choices.

Democracy

A system of government where power is vested in the people, often through elected representatives, promoting participation, accountability, and protection of rights.

Rights and Duties

Entitlements granted to individuals by law or ethics and the responsibilities individuals must fulfill to ensure others can enjoy their rights.

Sovereignty

Supreme power or authority of a state to govern itself without external interference, including the ability to make/enforce laws and recognition by other states.

Stare Decisis

The legal principle that courts must follow precedents set by higher courts in similar cases, ensuring consistency and predictability in the legal system.

Ratio Decidendi

The binding legal principle or rule established in a court’s judgment, serving as precedent for future cases.

Ultra Vires

Actions taken by a government body that exceed its legal authority, rendering those actions invalid and unenforceable.

Intra Vires

An action within the legal authority granted to an entity, making it valid.

Rule of Law

A fundamental legal principle stating that everyone is subject to the law, laws must be clear/fairly applied, and legal processes must protect fundamental rights.

Jurisdiction

The authority of a legal body to enforce laws within a specific geographic area or over certain types of cases.

Pith and Substance Doctrine

Legal doctrine used to determine a law's jurisdiction and its true nature and purpose, important in resolving disputes over whether a law falls under federal or provincial jurisdiction.

Bona Fide Occupational Requirement

A qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance.

Constructive Discrimination

Employment policies that inadvertently discriminate against certain individuals.

Direct Discrimination

Discrimination practiced openly.

Accommodate

The legal duty of an employer to take reasonable measures to meet the special needs of the employee.

Undue Hardship

An employer must not experience economic hardship or produce a health/safety risk to accommodate a worker.

Harassment

Unwanted conduct that demeans, humiliates, or offends a person based on a protected characteristic (e.g., race, gender, disability, sexual orientation).

Sexual Harassment

Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive environment.

Stigma

The negative perception or discrimination against a person or group due to a particular characteristic, such as a disability, mental health condition, or social status.

Crime

A willful, reckless, or negligent act that injures a person or damages property, and is forbidden by law.

Mens Rea

The Guilty Mind: When an act demonstrates intent, knowledge, or recklessness.

Intent

Planned, deliberate, and conscious criminal action.

General Intent

For most crimes it must be shown that the accused meant to carry out the crime.

Specific Intent

Involves intent in addition to the general intent to commit the crime; committing one wrongful act to accomplish another.

Recklessness

When a person is extremely careless in his/her actions or heedless of apparent danger

Willful Blindness

When a person suspects a harmful or criminal outcome but prefers not to ask questions that would confirm the suspicions.

Actus Reus

The Guilty Act: When demonstrating a voluntary act, or omission of an action that is unlawful.

Strict Liability

A Criminal's state of mind has no effect; unnecessary to prove that Mens Rea existed (negligence charges), accused can escape conviction by showing they were “duly diligent.

Absolute Liability

These offenses allow for no defense, fault is not an issue, and the accused will be convicted based on the actus reus of the offense; act alone means you are guilty (such as drinking and driving or speeding).

Employment Standards Act

Law that establishes minimum standards for employment practices, ensuring fair treatment for workers and promoting a balanced working environment.

Certification

Courses and programs that provide HR professionals and business owners with a thorough understanding of the country's employment laws and regulations.

Ratification

A member state formally accepting an international labour convention adopted by the International Labour Organization (ILO) as a legally binding instrument.

Lockout

A temporary closure of a workplace or suspension of work by an employer during a labor dispute.

Work-to-Rule

A form of industrial action where employees adhere strictly to the terms of their contract or job description, refusing any work outside of those defined duties.