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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