Constitution and Human Rights in Canada

Flashcards covering key concepts related to the Constitution and human rights in Canada.

What were the three forces driving the patriation of the Constitution in 1982?

1. Desire for Sovereignty 2. Growth of Nationalism 3. Desire for a Modernized Constitution

What is the general amending formula for amending Canada's Constitution?

Requires the approval of 7 of the provinces, representing at least 50% of the population of Canada, plus the approval of the federal government.

What are the criteria for equal pay according to Canadian law?

1. The same job or substantially the same work. 2. The same skill, effort, and responsibility required. 3. The working conditions. 4. Fair comparison of wages in the same job market.

Differentiate between direct discrimination and adverse effect discrimination.

Direct discrimination occurs when an individual is treated unfairly based on specific characteristics; adverse effect discrimination occurs when a neutral policy disproportionately affects a particular group.

What is the purpose of affirmative action programs?

To correct historical inequalities and promote representation of marginalized groups in education and employment.

What are the three groups facing government-sanctioned discrimination in Canada?

1. Indigenous Peoples 2. Women 3. LGBTQ+ Community

What are the three main human rights documents in Canada?

1. Canadian Charter of Rights and Freedoms 2. Human Rights Act 3. Provincial Human Rights Codes

What does the Oakes Test determine?

The Oakes Test determines if a law that infringes on a Charter right is justifiable based on its objective, proportionality, and minimal impairment.

What role has the judiciary played since the Constitution Act, 1982?

The judiciary's role has expanded to include judicial review, Charter challenges, and balancing powers between federal and provincial governments.