Studied by 8 peopleNelson Mandela Rules
After Nelson Mandela’s prison experience, the UN decided to revise rules according to the safety of prisoners.
3 examples:
managing prisoners files promptly and safely
body searches must only be carried out if absolutely necessary
isolation should be used as a last resort
Section 1 of Charter
Reasonable Limits Clause
The government may be able to infringe on Charter rights based on an evaluation if they have jurisdiction to do so according to the “Oakes test”
Section 2
Fundamental Freedoms
conscience and religion, thought, belief, expression, peaceful assembly, and association
Section 3-5
Democratic rights
Section 6
Mobility rights
Sections 7-14
Legal rights
7: Life, Liberty, and Security
8: Search and Seizure
9: Detention or imprisonment
10: Arrest or detention
11: Courtroom rights
Section 15
Equality rights
Everyone is equal under the law, specifically including no discrimination against, race, religion, ethnic identity, colour, sex, age, or mental or physical disability
Section 24
Enforcement rights
If an individual feels their rights have been violated, they may ask for a remedy
ex. excluding evidence because section 8 of the Charter was violated
Section 52
Enforcement rights
if a statute conflicts with the constitution, it can be:
read in
read out
invalid
Section 33
Notwithstanding Clause
Allows parliament or provincial legislatures to override sections 2 and 7-15 and pass laws that conflict with these sections of the Charter.
The royal proclamation
Set out guidelines for European settlement of Aboriginal territory
All land would be Aboriginal land unless ceded by the treaty
Only Crown could buy land from Aboriginals
Sold to settlers by the Crown
seen as the “Indian Magna Carta”
Quebec Act
Act of British Parliament to outline how the province would be governed
religious freedom for catholics
allowed citizens to participate and run for representatives in government
religious freedoms and democratic rights were solidified in law
BNA Act
New Brunswick, Nova Scotia, Quebec, and Ontario legally created the country of Canada
to be governed by a constitution
Indian Act
Gave Aboriginals special status
Pros
entitled to land
were given status
acknowledges that the government has obligations to Aboriginals
Cons
Ceremonies are outlawed
Created by the government, Aboriginals want a say in their rights/establishing new legislation
Canadian Bill of rights
John Diefenbaker proposed the Bill which recognized a number of freedoms
Canadian Human rights act
first federal law against discrimination
government created 2 organizations to apply the act
Canadian Human Rights Commission
receives complaints and helps settle them
Canadian Human Rights Tribunal
acts like a court, hears evidence about complaints
The Constitution
Everyone must abide by the Charter
Amending Formula
History of the Human Rights Code
Ontario legislation and citizens lobbied for more human rights protection, this was the first province to introduce: Racial Discrimination Act, Fair Employment Practices Act, and Fair Accommodation Practices Act, together under the Human Rights Code
Discrimination
Discrimination is treating somebody badly because of their race, disability, sex or other personal characteristics.
Direct Discrimination
This type of discrimination means discriminating against someone because you think they are different from you. It includes practices or behaviours that have a negative effect of a person or a group of people who belong to a ground listed under the Code. It doesn't matter that you didn't intend to treat them differently. What matters is whether your actions or what you said results in discrimination.
Indirect Discrimination
certain demands or requirements that seem to be fair actually keep groups listed in the Code out, or gives them special treatment over others.
systematic Discrimination
Discrimination may be part of a larger issue, like how decisions are made, and the practices and policies, or the culture of the organization
Reprisal
taking action, or threatening to take action against someone who has a human rights complaint, or who is a witness to the discrimination, and is not allowed under the code.
Poisoned Environment
This can occur when comments or actions based on grounds listed in the code make you feel unwelcomed or uncomfortable at work.
Harassment
Harassment usually meets the following requirements:
What was said or the behaviour usually happened more than once.
The person responsible for the comment or conduct should have known that it is not welcome.
Racial Profiling
happens when you take action because you're worried about safety, for security reasons, or for the public's protection, and your decision is based on stereotypes about a person's race, colour, ethnicity, ancestry, religion or place of origin
Why are minority rights significant to a democracy
guarantee equality under the law
protection of basic freedoms
Vriend V. Alberta
Vriend worked at a college as lab coordinator
He had received no complaints about his job until he was fired for going against guidelines of the homosexual policy at the college
The college found out he was gay
Filed a complaint with the Human Rights Commission - told him he could not make a complaint under the IRPA because sexual orientation was not included in the list of protected grounds
Applied to the Court of the Queens Bench for a hearing - the judge found several sections of the IRPA to be unconstitutional, told to “read in” sexual orientation
Alberta Court of Appeal - Government appealed, 2-1 decision decided to reverse the first courts decision
Lastly, Vriend applied to the Supreme Court of Canada - reversed decision from Alberta Court of Appeal
Attorney general argued formal equality
Needed to address substantive equality too
Systematic racism in Canada (article)
resume whitening by altering listed names and putting hobbies that would be thought to be taken by a white person
selected 2.5 more times for interviews
Political standpoints: barely any people of ethnic origin: out of 443 parliamentarians, only 10 are black
Income of black Canadians is 25% less than Canadians of not visible minorities
Court of Appeal
highest level of court in the province
one or three judges
hears appeals
Court of Ontario
Superior Court of Justice
more serious crimes civil cases, and charter of rights and freedoms
Ontario Court of Justice
lower level, offences committed under provincial laws
Youth court under Youth Criminal Justice Act (YCJA)
Divisional court
Part of the Superior Court of Justice
appeals and reviews of decisions by government, tribunals, and boards
Family Court
Part of the Superior Court of Justice
divorce, division of property, child protection, adoption, custody, and financial support
Information centres, supervised access centre, mediation services
Small Claims Court
Part of the Superior Court of Justice
civil actions for up to 25,000
Administrative boards and tribunals
adjudicators (decision makers instead of judges)
help disputes be resolved more quickly and cheaply
Children’s Rights
196 countries signing the Convention of the Rights of a Child
still exclusion and predjuces regarding gender, class, poverty, disability
Political and Civil Rights
violent coup brings about a state of emergency in Turkey
Human rights were violated during this state of emergency, disbanded civil liberties such as freedom of association, press
Right to be Safe
Landmines destructiveness cause prevention of human rights, right to education and to earn a living
Convention on the Prohibition, Stockpiling, Production and Transfer of Antipersonnel landmines (Ottawa Convention, or Mine Ban Treaty)
Rights of people with disabilities
convention on the rights of persons with disabilities
Rights of Imprisonment and Detention
if you are in prison, it doesn’t mean you are guilty
problems: secret detention, unfair trials
Amnesty’s fair trial manual is a guide for international fair trial standards
Violence against indigenous women and girls
many reports of missing and murdered Indigenous women
2 UN committees to address issues
Committee: Elimination of Discrimination against Women and girls
violation from police found in 2013
advised Canada to make a national inquiry to address issues, Harper government rejected, Trudeau has decided to implement it
2015, 8 police officers were suspended because of the mistreatment of Indigenous women
Rights of Indigenous People’s
19th and 20th century, over 150,000 children put into residential schools
The Truth and Reconciliation Committee, mandated opportunity for people to share their stories
The UN endorsed this recommendation, but the Harper government rejected this
government has ignored problems, such as: no clean water, housing, and education
Sex Work
2013, Supreme Court struck down previous restrictions
parliament in 2014 passed the Protection of Communities and Exploited Person’s Act which prevents sex work (criminalizes)
Counterterrorisim
Anti-Terrorisom Act, against freedoms of expression and association
allows violations against privacy and procedural protections
UN human rights committee warned the Act to be too violating
Mining Industry Abuses
Human Rights Watch - documented that a mining company used forced labour (Vancouver)
Plaintiffs claimed they were made to work against their will
In 2011, Human Rights Watch documented gang rape abuses, the company decided to provide remedies for over 100 women affected
UN Human Rights Committee ordered Canada to start implementing more regulation
Garment Industry Abuses
In Cambodia, many workers have been exploited
Human Rights Watch Report
Asylum Seekers and Migrant Workers
bill C-31 - permits government to designate a group migrant workers as irregular arrivals
UN urged Canada to refrain from this practice
ICC
International Criminal Court
What does the ICC do? Who do they convict?
prosecute justice of the worst crimes
individuals
Note 
Flashcard (160)