RIGHTS AND FREEDOMS UNIT TEST REVIEW

What is a universal human right?

A right that belongs to every person simply because they are human, regardless of differences such as race, religion, sex, nationality, or status.

What does “universal” mean in human rights?

It refers to rights that are applicable to all people universally, without exception or limitation.

What is the UDHR?

The Universal Declaration of Human Rights is a historic document adopted by the United Nations in 1948 that outlines fundamental human rights to be universally protected.

What is the role of NGOs in human rights? (5)

NGOs raise awareness, advocate for victims, monitor abuses, pressure governments, and support human rights protections.

Why can human rights be difficult to enforce globally? (4)

Human rights can be difficult to enforce globally due to varying national laws, lack of political will, cultural differences, and the challenge of holding governments accountable for violations.

What is The International Bill of Human Rights

The International Bill of Human Rights consists of the Universal Declaration of Human Rights and two binding treaties: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, collectively aimed at ensuring universal human rights.

When does the Charter apply?

The Charter applies to government action, laws, and government agents, not ordinary private disputes. It is invoked when laws or actions are challenged, ensuring rights and freedoms are upheld in governmental contexts.

What is constitutional supremacy?

The Constitution is the highest law, so laws inconsistent with it can be declared of no force or effect meaning that there is nothing higher than the constitution.

What is the role of the Supreme Court of Canada?

It acts as the “guardian of the Constitution” and decides whether rights were violated and whether limits are justified.

What is Section 1 of the Charter?

The reasonable limits clause.

What does Section 1 say in simple words?

Charter rights can be limited only by reasonable limits that are justified in a free and democratic society.

What is the Oakes Test?

A legal test used to decide whether a limit on a Charter right is justified under Section 1. Made through R. v. Oakes, 1986

What happened in R. v. Oakes? (what section was violated)

Oakes was charged with drug possession, and the law presumed intent to traffic unless he proved otherwise. Section 11(d), the right to be presumed innocent until proven guilty was violated. The government failed to justify the limit under Section 1.

What are the 4 main steps of the Oakes Test?

Pressing and substantial objective

rational connection

minimal impairment

proportionality

What does Pressing and substantial objective refer to?

The government’s goal must be important enough to justify limiting a right.

Oakes Step 2: What is rational connection?

the law or action that limits a Charter right or freedom is carefully
designed to meet its objective. A law or action that does not effectively achieve the desired objective is not rationally connected to its purpose;

Oakes Step 3: What is minimal impairment?

The law or government action should achieve its objective while impairing rights or freedoms as little as possible. If there is an alternative method of achieving the objective that causes less harm to rights or freedoms, that alternative may be a better option;

Oakes Step 4: What is proportionality?

The benefits gained by meeting the objective should outweigh the harms caused by limiting the right or freedom. The more serious the infringement on rights and freedoms, the more we should expect that a real, pressing, and substantial benefit to society is
to be gained.

What is Section 33? (Notwithstanding Clause)

it allows federal or provincial governments to pass laws that operate despite certain Charter rights. For five years, it can stay, after which it must be renewed if the government wants it to continue.

Which Charter sections can Section 33 override?

Section 2 and Sections 7 to 15.

Why was Section 33 added?

Some provinces worried that courts would have too much power over elected legislatures.

Example of Section 33 use from class Bill 21 + its effects on which freedoms (3)?

Quebec’s Bill 21, which limits some public servants from wearing religious symbols at work. Impacts freedom of religion, freedom of expression, and equality rights.

What does Section 2 protect?

Fundamental freedoms.

What freedoms are included in Section 2? (4)

Freedom of Conscience and religion

Freedom of thought, belief, opinion, expression (speech)

Freedom of peaceful assembly

Freedom of association.

What case is connected to freedom of religion and not being forced into beliefs?

R. v. Big M Drug Mart.

what is R. v. Big M Drug Mart.

a landmark Supreme Court of Canada decision that struck down the federal Lord’s Day Act as unconstitutional. The 1985 ruling established that the Act violated the Canadian Charter of Rights and Freedomsby forcing religious observance (Sunday shopping bans) on all citizens, violating freedom of conscience and religion.

What does Loyola High School v. Quebec show? Summary?

Freedom of religion has both individual and collective aspects. a landmark Supreme Court of Canada decision ruling that the province violated the religious freedom of a Catholic school by forcing it to teach Catholic ethics and doctrine from a completely "neutral" perspective. The Court affirmed that religious organizations have collective rights under the Charter, allowing them to teach their faith from their own perspective.

Can a harmful religious practice be protected automatically?

No. Religious freedom can be limited if the practice causes harm.

Irwin Toy Ltd. v. Quebec. - Freedom of expression

a landmark Supreme Court of Canada decision establishing that while bans on advertising to children under thirteen violate freedom of expression under s. 2(b) of the Canadian Charter, such restrictions are justifiable under s. 1 to protect a vulnerable group. 

Can free speech be limited in Canada?

Yes, if it negatively affects others’ rights or the general welfare of Canadians.

What is hate according to R. v. Keegstra?

Intense and extreme emotion connected to vilification and detestation.

What happened in the Whatcott case?

Bill Whatcott distributed anti-gay pamphlets with highly inflammatory language and was found to have violated hate speech protections.

Sections 3, 4, and 5

Democracy Rights: Every Canadian citizen has the right to vote in elections and to run for public office themselves. There are certain exceptions. For example, people must be 18 years old or older in order to vote.

Our elected governments cannot hold power for an unlimited amount of time. The Charter requires governments to call an election at least once every five years.

What does Section 6 protect?

Mobility Rights: Canadian citizens have the right to enter, remain in, and leave Canada. Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada. Governments in Canada can't discriminate based on what province someone used to live or currently lives in.

What does Section 7 protect?

Life, liberty, and security of the person.

The Charter sets out rights that deal with the interaction between the justice system and individuals. These rights ensure that individuals are treated fairly at every stage of the justice process. This is especially true if an individual is charged with a criminal offence.

Section 7 class examples (2)

MAID

Abortion

Rodriguez v. British Columbia, [1993]

Rodriguez v. British Columbia, [1993], Rodriguez argued that the law that prevents people assisting others with suicide is against section 7 of the Charter, which guarantees the right to security of person.

What does Section 8 protect?

The right to be free from unreasonable search and seizure. The Charter protects everyone’s reasonable expectation to privacy. This means that no one can search you, take away your personal belongings or access your personal information without clear legal reasons. 

Authorities acting on behalf of the government, such as the police, must carry out their duties in a fair and reasonable way. For example, they cannot enter private property or take things without good reason. Police are required to get a warrant from a judge before searching someone’s home.

What does Section 9 protect?

Arbitrary Detention or Imprisonment. The Charter also says law enforcement agencies cannot take actions against individuals that are random or not backed by good reasons. A police officer, for example, must have reasonable grounds to believe you have committed a crime and must tell you why you are being arrested and detained. You also have the right to consult a lawyer without delay and to be informed of this right. Finally, you have the right to have a court decide whether this detention is lawful. If you believe your detention is not legal, the Charter protects your right to challenge it.

What does Section 10 protect?

Rights while under arrest or detention.

10 (a) must be informed promptly of the charge against them when placed under arrest.

10 (b) must be told promptly they have the right to legal counsel.

10 (c)To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

What does Section 11 protect?

Rights When Charged with a Criminal Offence

11(a)Right to be informed of the charge without unreasonable delay

• 11(b) Trial within a reasonable time

• 11(c) The accused cannot be forced to testify at his or her own trial.

• 11(d)The accused is presumed innocent until proven guilty.

11(e) The accused cannot be denied bail without just cause.

What does Section 12 protect?

Protection against cruel and unusual punishment

In addition the Charter protects everyone from cruel and unusual punishment. This includes torture, excessive or abusive use of force by law enforcement officials. Also, sentences of imprisonment must match the seriousness of the crime committed. For example, an extremely long prison sentence is not appropriate for a very minor crime.

What does Section 13 & 14 protect?

Rights of Witnesses in Court:

• Witnesses giving evidence in court cannot have their testimony used against them.

• People who speak a language other than English or French, or who have a hearing impairment, have the right to an interpreter during legal proceedings.

What does Section 15 protect?

Equality before and under the law, and equal protection and benefit of the law. The government cannot discriminate in its laws or programs on the basis of  race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

What grounds are listed in Section 15? (7)

Race

national or ethnic origin

colour

religion

sex

age

mental or physical disability.

Does Section 15 allow special programs?

Yes. Programs helping disadvantaged groups are allowed under Section 15(2). Example of a Section 15 special program?
Employment equity programs for women, Indigenous peoples, visible minorities, or people with disabilities.

What does Section 24(2) deal with?

Remedies: provides the legal framework for remedies when Charter rights have been violated. It allows individuals to apply to a court for appropriate remedies (Section 24(1)) and provides for the exclusion of evidence obtained in violation of Charter rights

What is the relationship between Section 8 and Section 24(2)?

Section 8 identifies the unreasonable search/seizure; Section 24(2) decides whether evidence from that breach should be excluded.

What are Sections 16-22?

Language Rights: All laws, records, and journals of Parliament are to be published in both languages.

Either language can be used in court proceedings.

What Is Section 25?

Aboriginal and Treaty Rights: a mechanism for the reconciliation of conflicts between the rights and freedoms guaranteed by the Charter and aboriginal, treaty, or other rights and freedoms of the indigenous peoples of Canada

Case Vriend v. Alberta Section 15

a landmark Supreme Court of Canada decision establishing that sexual orientation is a prohibited ground of discrimination under the Canadian Charter of Rights and Freedoms. The Court ruled that Alberta's human rights legislation violated Charter equality rights by failing to protect individuals from discrimination based on sexual orientation.

What is the Ontario Human Rights Code?

A provincial law that protects people from discrimination and harassment in specific areas of life.

Does the Code apply only to government? (6)

No. It can apply to private individuals, businesses, employers, landlords, services, and government.

What are the five social areas protected by the Code?

Services/goods/facilities

housing

contracts

employment

and membership in vocational associations or trade unions.

What are prohibited grounds?

Protected personal characteristics that cannot be used as reasons for discrimination.

Name common Code grounds. (14)

Age

citizenship

Colour

disability

ethnic origin

family status

gender

marital status

place of origin

race

sex

sexual orientation

receipt of public assistance

record of offences

What is accommodation?

Adapting, adjusting, or removing requirements so a person can take part or perform essential duties.

What is undue hardship?

The point where accommodation is too difficult because it would seriously affect cost, health, safety, or the essential nature of the activity. ex. Expenses that are so high they threaten the viability of the business.

What is direct discrimination?

Openly treating someone unfairly because of a protected ground.

What is adverse discrimination?

A neutral rule that has a harmful effect on a protected group. occurs when a seemingly neutral rule, policy, or practice disproportionately disadvantages a specific group protected by human rights law. While unintentional, it functions similarly to direct discrimination by creating barriers in employment, housing, or services

What is prima facie complaint?

A prima facie complaint is a legal claim that appears sufficiently valid, supported by initial evidence, and proven "on its face" to justify a verdict or proceed to trial, provided the opposing party does not rebut it. It establishes a "rebuttable presumption" that the allegations are true at first sight.

What is a bona fide occupational requirement?

A job requirement that is genuinely necessary for the job.

What is the BFOR three-step test?

The BFOR (Bona Fide Occupational Requirement) three-step test, established by the Supreme Court of Canada in Meiorin (1999), is a legal framework used to determine if a discriminatory workplace standard is a legitimate requirement for a job. It forces employers to prove a standard is justified, rather than just discriminatory.

What are the three steps in the BFOR Test

1. Rational Connection: The standard is linked to job performance.

2. Good Faith: It was adopted honestly to fulfill a legitimate work purpose.

3. Reasonable Necessity: The standard is necessary, meaning accommodation of the claimant is not possible without causing the employer undue hardship.

What is harassment?

A course of annoying or provoking comment or conduct that is known or should reasonably be known to be unwelcome.

What is a poisoned work environment?

A workplace or school environment made hostile or uncomfortable by discriminatory comments or conduct.

Who is responsible for preventing a poisoned environment?

Employers, teachers, and administrators in positions of authority.

What is systemic discrimination?

Discrimination built into an organization’s policies, practices, or structures, even if unintended. Ex. A school requiring all exams to be written, which may exclude students with learning or visual disabilities.

What is constructive discrimination?

occurs when an apparently neutral rule, policy, or requirement unfairly disadvantages a specific protected group. It is unintentional, but it disproportionately impacts people based on creed, disability, or family status.

Discrimination

For a negative differential treatment to be discriminatory, it must be tied to a protected ground/characteristics

Overt Discrimination

Obvious discrimination

Racial Systemic Discrimination

More subtle, unintended and often uncurious consequences of a discriminatory system

Racial Profiling

any act or omission related to actual or claimed reasons of safety, security or public protection, by an organization or individual in a position of authority, that results in greater scrutiny, lesser scrutiny or other negative treatment based on race, color, ethnic origin, ancestry, religion, place of origin or related stereotypes

Carding

people randomly stopped and asked for ID by the police with their information entered into a database (argued that it was good policing)