Chapter 5/6/7 - Key terms

constitution

a legal framework that establishes how power and authority within a country is exercised

referendum

process of referring a political question to the electorate for a direct vote

entrench

safeguard rights in perpetuity from interference within canada’s constitution

ratified

approved and passed in a formal legal process by the federal parliament and all the provinces

veto power

power to reject all constitutional changes

extinguished

cancellation of a right

validity

the government action must be justified by law

redress

remedies for people injured by gov

defamation

making false statements that injure a person’s reputation

bona fide occupational requirement

something that is deemed necessary for the performance of a job

accommodation

requires an employer to change an existing requirement in order for a person to carry out the essential aspects of the job

direct discrimination

behaviour that is overtly discriminatory

adverse-effect discrimination

a standard that may appear neutral but is discriminatory in effect toward an individual protected by ontario human rights code

mediation

used as the first mechanism for resolving a complaint

proportionality test

weighing the interests of society vs individuals and groups to determine whether to limit rights

rational connection

component of the proportionality test suggests that the connection must not be unfair or arbitrary

minimal impairment

provides that laws and gov actions will interfere with rights and freedoms as little as possible

read down

a court ruling that a law violates 1 or more charter right and a part of it needs to changed or amended

damages

court ordered compensation for loss or injury

extradition

the legal surrender by one jurisdiction of a person to another to face criminal protection

arbitrary

having no justifiable reason for an action

habeas corpus

bringing a person to court to determine if they are being detained legally