Human Rights and Employment Law Key Terms

Vocabulary flashcards covering key definitions related to human rights, equality, and discrimination in employment law based on the lecture notes.

Barrier to equality

Anything that prevents a person from participating fully and equally in society.

Bona fide occupational requirement

A legitimate, reasonable necessity of a job; a possible defence against unfair discrimination in hiring and other employment situations.

Complainant

A person who makes an allegation of discrimination.

Discrimination

Treating individuals or groups unfairly or differently because of such characteristics as race, sex, religion, age, or disability.

Grounds of discrimination

Types of discrimination.

Human rights

Rights that protect one from discrimination.

reasonable limits clause — Section 1

The government can limit rights if the limits are reasonable and justified.

notwithstanding clause — Section 33

Allows the government to override certain Charter rights for up to 5 years.

fundamental freedoms — Section 2

Protects freedoms like religion, expression, peaceful assembly, and association.

democratic and mobility rights — Sections 3–6

Democratic rights include voting and running for office. Mobility rights allow Canadians to live and work anywhere in Canada.

legal rights — Sections 7–14

Protect people from unfair treatment by the justice system.

equality rights — Section 15

Everyone has the right to equality under the law without discrimination.

language rights — Sections 16–22

Protect the use of English and French in certain government services.

minority-language education rights — Section 23

Protects French or English minority-language education where numbers warrant.

Aboriginal rights — Section 25 and Section 35 of the Constitution Act, 1982

Section 25 protects Indigenous rights from being negatively affected by certain Charter provisions. Section 35 recognizes and affirms existing Aboriginal and treaty rights.

remedies — Section 24

Allows courts to provide a remedy when someone's Charter rights have been violated.

Burden of proof

The onus of bringing forth proof/evidence in order to prove someone's guilt to the court.

democratic rights

The right of the people to elect governments.

entrenched

Fixed firmly or securely in law, specifically made part of Canada's Constitution so that it can only be changed by an amendment to the Constitution.

equality rights

Protection from discrimination.

fundamental freedoms

Basic freedoms, including freedom of expression and freedom of religion.

infringed

Broken or violated, as in an agreement or right that is being infringed.

legal rights

Safeguards for a person's procedural rights in the Canadian justice system.

mobility rights

The right to enter, remain in Canada, and leave, and to move from province to province within the country.

notwithstanding clause

The provision in the Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the Charter.

reasonable limits clause

Stating that the Charter of Rights and Freedoms are not absolute, and therefore can be limited if there is justification.

How to analyze a charter case

1. Does the Charter apply?

The Charter only applies when the government is involved, not usually private disputes.

2. Has a Charter right or freedom been infringed?

Check if a government action or law violated someone's Charter rights.

3. Does the reasonable limits clause justify it?

Decide if limiting the right is reasonable and justified in a free and democratic society.

4. Is there a remedy?

If a right was violated and the limit isn't justified, the court may provide a remedy, such as excluding evidence.

stereotyping

Assuming everyone in a group has the same characteristics.

prejudice

Having a negative opinion or attitude toward someone without knowing them.

discrimination

Treating someone unfairly because of who they are or what group they belong to.

rights of gay men and lesbians

The right to equal treatment without discrimination based on sexual orientation

Canadian Bill of Rights (1960)

A 1960 federal law made by Prime Minister Diefenbaker that protects people from discrimination in federal laws, but it is not part of the Constitution and can be easily changed. 

Canadian Human Rights Act (1977)

A 1977 federal law that protects workers in federal jobs (like banks and post offices) from discrimination, with complaints handled by a special commission. 

Ontario Human Rights Code (1962)

A 1962 provincial law—the first of its kind—that protects anyone working in Ontario (like teachers and restaurant workers) from discrimination. 

Canadian Charter of Rights and Freedoms (1982)

Canada's highest law, passed in 1982 by Prime Minister Pierre Trudeau, which protects basic rights across the country, allows reasonable limits, and cannot be easily changed. 

Human Rights Commissions and Tribunals

Official groups that investigate human rights complaints, run hearings, and help settle disputes without using criminal charges.

The Persons Case

The legal fight to change the rule that women were not legally considered "persons" under the Constitution, which won women legal rights in 1929. 

The Famous Five

Five women (Emily Murphy, Henrietta Muir Edwards, Irene Parlby, Louise McKinney, and Nellie McClung) who fought in court to have women legally recognized as "persons".

Throughout canada’s history how has

Canada discriminated

Throughout history, Canadian law was used to discriminate against women, Indigenous peoples, and racial or religious minorities by denying them basic rights, such as equal status as "persons," voting rights, and protection against unfair treatment. Over time, Canada transformed its legal system by passing laws like provincial Human Rights Codes and entrenching the Canadian Charter of Rights and Freedoms in the Constitution to guarantee equal rights and ban discrimination for everyone.