chapter 6 and 7 important terms

format for all: definition, sigficance

reasonable limits clause

• S.1 in the Canadian Charter of Rights and Freedoms guarantees the rights and freedom set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

• Ensures that Charter rights are not absolute; allows limits if they are demonstrably justified in a free and democratic society. Balances individual freedoms with collective needs

defame

• To attack a person’s reputation by making a false or malicious statement; to defame someone orally is called slander, libel is defaming someone in writing

• Protects individuals from false or malicious statements that damage reputation while balancing freedom of expression. Encourages responsible communication

reverse onus provision

• A shift of responsibility in a criminal case such that the defence must prove aspects of the case rather than the crown

• Shifts the burden of proof to the defence in certain cases. Significant because it can challenge the presumption of innocence under Section 11(d) of the Charter

• reverse onus provision shifts the burden of proof in a legal proceeding, most commonly at a bail hearing, meaning the accused must prove their case for release rather than the Crown proving they should be detained.

• in a bail hearing, it makes it difficult for serious or repeat offenders to obtain bails, ensuring public safety

proportionality test

• A test used to determine whether the limitation of rights under s. 1 of the charter is justifiable

• Used by courts to decide if a limitation on rights under Section 1 is justified. Ensures restrictions are reasonable, minimal, and serve an important purpose

section 33: notwithstanding clause - DEFINITION

• Allows federal or provincial governments to pass laws that override Sections 2 (fundamental freedoms) or 7–15 of the Charter (7-14: legal rights, 15: equality rights)

• lasts for 5 years

• safety valve to balance judicial power and democratic will

• Purpose: Lets elected governments respond if they believe courts misinterpret the Charter, ensures people’s representative can have final say 

• protects provincial and cultural interests and keeps decision making in hands of elected officials

• can be seen as infringing on rights and allows government to temporarily bypass charter protection

section 33: notwithstanding clause - SIGNIFICANCE

Allows governments to override certain Charter rights (Sections 2, 7–15) for up to five years. Balances judicial power with democratic decision-making.

reading down

• In constitutional law, court interprets a law in a more limited way to make it valid and constitutional, rather than declaring the entire law invalid (done by a judge)

• Preserves legislation while protecting rights

reading in

• In constitutional law, narrowing the interpretation given to legislation in order to prevent in from being declared unconstitutional (done by a judge)

• Courts add words or provisions to legislation to make it consistent with the Charter. Protects rights without invalidating an entire law.

stay of proceedings

• A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused

• a court order that puts a case on hold if the final verdict is unfair to the accused

• A court-ordered pause but not dismissal to a case if continuing it would harm the accused’s right to a fair trial. Protects fairness and due process.

• i.e. someone cay request a stay to wait for an appeal to a courts decision so the decision is not enforced until the appeal is heard

fundamental freedoms: religion or expression - DEFINITION

• In charter of rights and freedoms

• Everyone has the following fundamental freedoms

  • Freedom of conscience and religion

  • Freedom of though, belief, opinion and expression, including freedom of the press and other media of communication

  • Freedom of peaceful assembly; and

  • Freedom of association

fundamental freedoms: religion or expression - SIGNIFICANCE

• Guarantee basic freedoms

• forming the foundation of a democratic society

• i.e. can hold government accountable to actions by criticism

freedom of association: collective bargaining - unions bargaining with their employers for a contract, unions are associated - DEFINITION

• In charter of right and freedoms

  • the right of employees to form and join unions or other organizations to collectively pursue and defend their interests

  • Collective bargaining: the process where these employee representatives negotiate with employers over wages, working conditions, and other terms of employment

freedom of association: collective bargaining - unions bargaining with their employers for a contract, unions are associated - SIGNIFICANCE

Protects workers’ rights to form unions and negotiate collectively. Strengthens labour rights and workplace democracy.

civil liberties

• Actions or rights exercised without government interference, ex. Freedom of expression, freedom of religion

• Rights and freedoms exercised without government interference, such as freedom of religion and expression. Foundation of democracy.

Entrenched

• To codify rights so. that they can be changed only by constitutional amendment, safeguarding them from political interference

• Rights written into the Constitution can only be changed by formal amendment, safeguarding them from political interference.

Defamation

• The act of making false statements that damage a person’s reputation; slander is the oral defamation, libel is written defamation

• Protects individuals from false statements that harm reputation, balancing this protection with freedom of expression.

Patriating

• Patriate: to bring legislation under the legal authority of the nation to which it applies – canadian constitution patriated form united kingdom to canada

• Bringing the Constitution under full Canadian control (1982). Gave Canada complete sovereignty and led to the Charter of Rights and Freedoms.

Canadian Human Rights Acts - DEFINITION

• 1977

• federal law designed to ensure equality and protect people from discrimination in federally regulated area

  • employment by the federal government or private companies like banks and airlines

• prohibits discrimination based on prohibited grounds like race, age, sex, religion, marital status, and disability

Canadian Human Rights Acts - SIGNIFICANCE

Federal law protecting people in federally regulated areas from discrimination. Promotes equality and fairness.

bona fide occupational requirements (BFOR)

• A provision that is deemed necessary in order to perform a job safely and efficiently; in a discrimination complaint, it can be used to justify a particular job requirement that may otherwise be perceived as discriminatory

• A job requirement necessary for safety or efficiency that can justify otherwise discriminatory standards. Balances rights with workplace realities.

Direct discrimination

• A practice of behaviour that is overt and clearly discriminatory, ex. Refusal to rent an apartment to someone on the basis of ethnicity

• Overt, intentional unequal treatment based on traits like race, gender, or religion. Clearly violates equality rights.

Adverse discrimination

• a requirement or standard that may outwardly appear neutral but is discriminatory in effect on an individual or group, I.e. a height requirement for police

• Neutral policies that unintentionally disadvantage certain groups. Encourages review and removal of hidden barriers.

Precedent

• A rule developed in one case and followed in subsequent similar cases

• Past judicial decisions guide future similar cases, ensuring consistency, fairness, and predictability in the legal system.

Undue hardship

• In discrimination case, the negative effect on a business, which the employer must prove, of accommodating the needs of a person by being too costly or producing health or safety risks 

• Sets a limit on how far an employer must go to accommodate an employee’s needs. Balances human rights with cost, safety, and feasibility.