Studied by 4 people
Philip II of France
In 1215, after King ________ imposed a humiliating peace treaty on England, a weakened King John again demanded more money from the barons.
Subordinate legislation
Regulations: ________, known as regulations and orders- in- council, are separate legal documents made under the authority of a statute, often containing much of the detail omitted from the statute.
Henry II
John's father, ________, and brother, Richard I (the Lionheart), spent a lot of time overseas defending their French lands and fighting the Crusades.
sexual exploitation
Children shall be protected from ________ and abuse, including prostitution and involvement in pornography.
legal assistance
A child who is detained has the right to ________ and contact with the family.
Great Charter
The ________ also contained clauses guaranteeing the freedom of the church and the city of London, which remain active statutes in Britain.
Parliament
________ and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation ..
Requirement
________- something that is needed.
John
King ________ of England's acceptance of Magna Carta, or Great Charter, marked the first time an English monarch had ever consented to written limits on power drafted by his subjects.
business owner
Ie: a(n) ________ can claim undue hardship caused by new accessibility requirements.
own culture
Children should be prepared for active participation in a free society, and learn to respect their ________ and that of others.
Prudens
Juris="of right "or "of law "________= skilled or learned in law Jurisprudence ensures that changes to our laws are made with careful consideration and are informed by the insights of the legal writers, law- makers and scholars of the past.
expression
Ie: ________ and assembly, legal rights and rights to equality.
Magna Carta
________, known as the Great Charter, was written in medieval Latin and contains four key principles that serve as the foundation for the English- speaking world's legal system:
CHRA
Under the ________, an employer, landlord or service provider must make a reasonable effort to eliminate any barriers to equal access to a service, job, or accommodations.
Habeas Corpus
________: Freedom from unlawful detention without cause or evidence.
Crown
Trial by jury: Rules to settle disputes between barons and the ________ established trial by a jury of one's peers.
Declarations
________ (such as the UDHR) are statements of moral and ethical intent but they are not legally binding agreements.
private citizens
It provides protection from discrimination and harassment (mostly in relation to ________ and organizations)
unlawful arrest
No child shall be subjected to torture, cruel treatment or punishment, ________ or deprivation of liberty.
undue hardship
An employer could show ________ by establishing that to make an accommodation would cause the business great financial loss.
Royal Assent
________- is the approval of the Sovereign of a bill that has passed both houses of Parliament in identical form.
RCMP
Federal: ensuring what chemicals go in what products, medical drugs, food, income tax, sewage, travel and passports, have to provide funding for health care, duty on products, ________, coast guard, foreign policy.
public safety
Police are created under the law to protect ________ and the protection of property.
forms of discrimination
All rights apply to all children, and children shall be protected from all ________.
human conflicts
Law as a mechanism for resolving disputes: In our society we rely on courts of law to settle ________.
special protection
Children who are refugees, or seeking refugee status, are entitled to ________.
Justice
________ is a ‘ concept and is much more difficult to identify.
Direct discrimination
________: involves an overt practice or behaviour in the workplace that is clearly and openly discriminatory.
Court Decisions
________: Common law is at the base of legal hierarchy.
BFOR
A(n) ________ is a job requirement that is considered necessary for the safe and efficient performance of a particular job.
social development
Children have the right to a standard of living adequate for their physical, mental, spiritual, moral and ________.
Children
________ in conflict with the law are entitled to legal guarantees and assistance, and treatment that promote their sense of dignity and aims to help them take a constructive role in society.
Indian Act
The ________ banned traditional cultural practices such as the potlatch (gift- giving feast) and Sun dance ceremonies.
Ontario Human Rights Code
Equal rights under the ________ apply to 5 specific areas (the scope of the law)
Aboriginal
________ is an ‘ umbrella term to include: First Nations, Inuit and Metis.
supervision of competent
Where adoption is allowed, it shall be carried out in the best interests of the child, under the ________ authorities, with safeguards for the child.
system of punishment
Laws impose a(n) ________ and remedies.
formal system of procedures
Laws entail a(n) ________ for enforcement.
Capital punishment
________ and life imprisonment are prohibited for offences committed by persons below 18 years of age.
Statutes
________: Otherwise known as Acts, ________ are laws enacted by the elected representatives of the public at either the federal or provincial level.
prima facie case
In order to prove a case of discrimination, the plaintiff must establish a(n) ________ (ie: there must be enough evidence to support the claim, in the absence of evidence from the respondent)
Native land
________ in Canada was now under the control of King George III, the crown would be the only authority with the power to negotiate the transfer of Indian lands to colonial settlers.
succession of kings
The ________ who ruled England after the 1066 Norman Conquest allowed the nobility a degree of autonomy and protection from arbitrary punishment.
primary responsibility
Parents have the ________ to ensure that the child has an adequate standard of living.
old British North America Act
The Constitution Act 1867- This was the ________ 1867.
own culture
Children have a right, if members of a minority group, to practice their ________, religion and language.
Undue hardship
________ can also be claimed by others besides employers.
special protection
Children without a family are entitled to ________, and appropriate alternative family or institutional care, with regard for the childs cultural background.
Nobody is above the law
The basis of equal justice at all levels of society
Habeas Corpus
Freedom from unlawful detention without cause or evidence
Trial by jury
Rules to settle disputes between barons and the Crown established trial by a jury of one's peers
John appealed to Pope Innocent III to release him from the terms, and the barons returned to their traditional method of dealing with monarchs they did not like
supporting a rival claimant to the throne
Law
"the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties" -
Concept of Law
The characteristic qualities, values, virtues and ideas comprising the law
Laws as an instrument of society
Ideally laws objectives should embody the broader collective goals and values of a society i.e
Law as a mechanism for resolving disputes
In our society we rely on courts of law to settle human conflicts
Law protects our person, property and rights
Laws are impotent without mechanisms to enforce them
Law provides order in society
Laws create predictability and stability in society
Customs
Long-standing practices often become such a fundamental part of society that they become formally enshrined as laws i.e
Conventions
Conventions are rules which, while not legally enforced by courts, are nevertheless such of compelling political force that they are often followed by legislators i.e
Social and Political Philosophy
Philosophical traditions have influenced the laws of Western societies just as Communist ideologies have influenced China and the former Soviet Union
The Constitution
The Constitution is at the top of legal authority
Statutes
Otherwise known as Acts, statutes are laws enacted by the elected representatives of the public at either the federal or provincial level
Regulations
Subordinate legislation, known as regulations and orders-in-council, are separate legal documents made under the authority of a statute, often containing much of the detail omitted from the statute
Court Decisions
Common law is at the base of legal hierarchy
Federal
ensuring what chemicals go in what products, medical drugs, food, income tax, sewage, travel and passports, have to provide funding for health care, duty on products, RCMP, coast guard, foreign policy
Provincial
electricity, food, post-secondary school, education, wages, income tax, sewage, health services (manage funds), legal drinking age, rent prices, tenants rights
Post 1867
The government of Canada concluded a series of land agreements with Native peoples
Royal Assent
is the approval of the Sovereign of a bill that has passed both houses of Parliament in identical form
Aboriginal is an ‘umbrella term to include
First Nations, Inuit and Metis
Entrenched
firmly established and difficult or unlikely to change (ingrained)
Ie
expression and assembly, legal rights and rights to equality
Purpose
The CHRA was passed in 1977
These codes cover areas that fall under provincial jurisdiction ie
education, health care
Bona Fide
genuine, real
Requirement
something that is needed
ACCOMMODATION
a compromise or special arrangement
Outside sources of funding must not be available ie
government funding
ie
a business owner can claim undue hardship caused by new accessibility requirements
Direct discrimination
involves an overt practice or behaviour in the workplace that is clearly and openly discriminatory
ie
an employer refuses to hire any females or people over 50
ie
old buildings that do not have ramps; the new voter id laws in the US; a work schedule that requires all workers to work Sunday
In order to prove a case of discrimination, the plaintiff must establish aprima facie case (ie
there must be enough evidence to support the claim, in the absence of evidence from the respondent)
In order to prove a case of discrimination, the plaintiff must establish a prima facie case (ie
there must be enough evidence to support the claim, in the absence of evidence from the respondent)
Summary of the UN Convention on the Rights of the Child Article 1
Definition of a child
Article 4
Implementation of rights
Article 5
Parental guidance and the childs evolving capacities
Article 12
The childs opinion
Article 13
Freedom of expression
Article 15
Freedom of association
Article 16
Protection of privacy
Article 17
Access to appropriate information
Article 19
Protection from abuse and neglect
Article 20
Protection of a child without family
Article 21
Adoption
Article 23
Disabled children
Article 24
Health and health services
Article 25
Periodic review of placement
Article 27
Standard of living
Note 
Flashcard (82)