Charter of Rights and Freedoms Review

These flashcards cover key concepts related to the Charter of Rights and Freedoms, the Bill of Rights, and Human Rights legislation in Canada.

What is the Charter of Rights and Freedoms?

A list of rights to which Canadians are entitled, including fundamental freedoms, mobility rights, legal rights, and equality rights.

How does the Charter apply to government actions?

It applies to the actions of all public bodies, including federal and provincial governments, affecting laws and government agencies.

What was the Bill of Rights, and how did it differ from the Charter?

The Bill of Rights was a weaker document that could be amended by the federal and provincial governments and did not provide complete protection to individuals.

What does 'entrenchment' mean in the context of rights?

To make rights permanent by incorporating them into the constitution so that they cannot easily be changed.

What is the Oakes Test?

A legal test to determine if a law that limits charter rights achieves a pressing and substantial goal and does so with minimal infringement.

What is meant by 'reasonable limits' in terms of rights and freedoms?

The concept that rights can be limited if it is necessary to protect the common good and is justified by the court.

What is the Notwithstanding Clause?

A clause that allows certain sections of the Charter to be overridden by legislation for a maximum of five years, usually in emergencies.

What does the Ontario Human Rights Code protect against?

Discrimination in five areas of life, including services, housing, and employment.

What is 'constructive discrimination'?

Accidental discrimination that occurs due to seemingly neutral policies that disproportionately affect certain groups.

What does 'duty to accommodate' refer to?

The obligation of employers to make adjustments to the workplace to accommodate an employee's needs unless it causes undue hardship.