Law - Test Review, Copyright © 1998 Art Lightstone

4U Law Unit Review: Human Rights and Freedoms (Open Book Format)

Note: While an open book format may sound very appealing, the nature of detail examined in this test makes the open book format as much of burden as it is a blessing. The student must know the content, as well as his/her notes, very well.

References

text, chapters #6 and 7;
class notes;
Ontario Human Rights Code - Fact Sheets Package
The Scope of Canadian Human Rights Legislation
Legislation:
PowerPoints:

Practice

Human Rights and Freedoms Legislation Mastery Quiz (Sign in to Blackboard before clicking on this link.)
Charter of Rights and Freedoms Mastery Quiz (Sign in to Blackboard before clicking on this link.)

Requirements

know and be able to define and contrast the following terms and concepts:
- discrimination vs. harassment
- rights vs. freedoms
- formal equality vs. substantive equality

understand and be able to explain how human rights and freedoms in Canada were once protected by case law;

understand the weakness of case law in its ability to defend human rights;
use the case of Christie v. York, 1940 to demonstrate the how case law was limited in its ability to defend human rights;
understand and be able to explain how protection of human rights and freedoms in Canada is legislated under the following pre-charter documents:
- the Canadian Bill of Rights, 1960
- the Ontario Human Rights Code, 1962
- the Canadian Human Rights Act, 1977.
Explain why the idea of legislating human rights initially met with significant opposition.
Outline some of the rights and freedoms contained in Sections 1 and 2 of the Bill of Rights, 1960.
Outline the limitations and criticisms of the Bill of Rights, 1960.
use the cases of R. v. Gonzales, 1961 and R. v. McDonald, 1961 to demonstrate the how the Bill of Rights, 1960 was limited in its ability to defend human rights;
Understand the following aspects related to the enforcement of human rights under the Ontario Human Rights Code:

Understand and be able to discuss the mandate of the following agencies:
- the Canadian Human Rights Commission
- the Ontario Human Rights Commission

Know and be able to define the following terms and concepts:

reasonable and bona fide job qualification (aka bona fide occupational requirement, aka BFOR)
Meiorin Test
Human Rights Tribunal
explain and identify the "area" and "grounds" outlined within both the Canadian Human Rights Act and the Ontario Human Rights Code;
understand and be able to defend the effectiveness of the Charter of Rights and Freedoms;
explain the key sections of Canadian Charter of Rights and Freedoms, including:
- Section 1: Guarantee of Rights and Freedoms (reasonable limits clause)
- Section 2: Fundamental Freedoms
- Section 3 - 5: Democratic Rights
- Section 6: Mobility Rights
- Sections 7 - 14: Legal Rights:
  
  sec. 7: life, liberty and security of the person
  
  sec. 8: secure against unreasonable search or seizure
  
  sec. 9: not to be arbitrarily detained or imprisoned
  
  sec. 10: on arrest or detention a) to be informed of the reasons; b) to retain counsel; c) habeas corpus
  
  sec. 11: various rights of those charged with an offence
  
  sec. 12: not to be subjected to any cruel and unusual treatment or punishment
  
  sec. 13: protection of witnesses
  
  sec. 14: right to the assistance of an interpreter
- Section 15: Equality Rights
understand and explain the need for various limitations placed on the rights and freedoms provided under the Charter, including:
- Section #1 of the Charter (the "reasonable limits" clause)
- the "affirmative action" clause (Section #15-2);
- exclusion of evidence (Section #24).
- the "notwithstanding" clause (Section #33).
understand and explain the following criticisms of the Charter, such as:
- non-elected judges represent the will of Canadians;
- rights become static and resistant to change;
- emphasis on the individual as opposed to society; and
- increase in frivolous litigation.

understand the role which the Supreme Court of Canada plays in enforcing the Charter of Rights and Freedoms.

Studying and Writing Skills:

Note: After you receive your marked test, you may wish to consult the online key to my marking symbols.

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