Charter of Rights and Freedoms: Equality Rights

Charter of Rights and Freedoms:

Equality Rights

Charter of Rights and Freedoms

a statement of the fundamental rights and freedoms of Canadian citizens that forms part of the Constitution Act, 1982.

Equality Rights

Equality rights exist so everybody is treated fairly.

Section 15 provides equality so people aren’t being discriminated by race, national or ethnic origin, colour, religion, sex, age, mental or physical disability. It also states that people will be protected from discrimination about personal qualities, such as sexual orientation, marital status, and citizenship.

Rights:

in accordance with what is good, proper, or just

Freedoms:

the state of being free, or at liberty, rather than in confinement or under physical registrant

Constitution:

the act or process of composing, setting up, or establishing

Section 15 Says:

1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

2) Subsection (1) does not preclude any law, program, or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Equality before and under the law and equal protection and benefit of law.

Identity:

the state or fact of remaining the same one or ones, as under vary aspects or conditions

Citizentship:

the condition or status of a citizen, with its rights and duties.

Individual Rights

individual rights are rights held by individual people regardless of their group, membership or lack thereof.

Collective Rights:

refers to the putative rights of peoples to be protected from attacks on their group identity and group interests.

Section 15 Looks At:

Section 15 looks at the circumstance of everyone to ensure that everyone benefits equally and fairly from the law. This protects vulnerable people from being discriminated, and gets rid of the discriminatory barriers.

Quality of Life:

Daily living enhanced by wholesome food and clean air and water, enjoyment, of unfettered open spaces, and bodies of water, conservation or wildlife and natural resources, security from crime, and protection, from radiation and toxic substances. It may also be used as a measure of the energy and power a person is endowed with that enable him or her to enjoy life and prevail over life’s challenges irrespective of the handicaps he or she may have.

Violations

This law generally doesn’t apply to private business or personal relationships. For example, human rights laws will be more likely to apply if a private business is discriminating your own.

To prove Section 15 has been violated you MUST show:

• You were treated differently from others because of the law
• The different treatment was because of a reason set out under section 15 (race, national or ethnic origin, colour, religion, sex, age, mental or physical disability) or an analogous reason (a personal trait like sexual orientation, marital status, or citizenship)
• The different treatment amounts to discrimination under section 15. For example, does the law have the effect of saying the person is less worthy of respect or consideration than other people? Is the person part of a group that has been stereotyped, suffered prejudice or been historically disadvantaged? How does the different treatment relate to the persons circumstances?

Acceptions

A law that has violated Section 15 equality rights may still be valid if there is a reasonable justification for the discriminatory treatment in a free and democratic society.

The Case

Case:Adler v. Ontario, [1996] 3 S.C.R. 609 (Supreme Court of Canada)

Roman Catholic schools were receiving both funding and School Health Support Services for disabled students while other religious private schools are not getting funded at all. What the non-funded religious schools are saying is that they aren't getting funded and are entitled to be funded even though there not as big as Roman Catholic schools and argued for the lack of government funding for their religions. The Jewish and Christian schools are feeling they are being discriminated against by the government because they have a different religious views. The other religious schools found that they were less worthy of respect and consideration than the Roman Catholic school.

The exceptions to violating Section 15 of the Charter are:

a) Private Businesses and Personal Relationships

b) Personal Relationships and federal Companies

c) the Government

d) The Government and Private Businesses

#1

The following is NOT something you need, to prove your rights have been violated.

a)The different treatment amounts to discrimination under section 15.

b)You were treated differently from others because of the law

d) Physical evidence like a voice recording, video tape, or signed piece of writing.

d)The different treatment was because of a reason set out under section 15

#2

In the case, how did the jewish and christian schools feel their rights and freedoms were being violated?

a) They thought the Roman Catholic schools were getting more money because the government liked them more.

b) the government was not funding them because of their different religious view

c) The Roman Catholic Schools were demonstrating a superior attitude towards their schools

d) the government was giving them less funding because of their different religous views

#3

Senario 1

An employee with an administrative position in an office gets in an accident during their holiday and loses the use of their legs. Since the office building has no wheelchair access and the washroom stalls are too small for the chair to fit, the company fires the employee.

Is the company's desition legal? why or why not?

a) No, because the employee is fully trained and able to do his job, so they are required to compensate for his disability.

b) Yes because it counts as undue hardship for the company to put in wheelchair access.

c) No because the employee did the company no harm and therefore there was no justifiable reason for him to be fired.

d) Yes because the company is not required to change their building for one person.

#4

#5

If the company offers them a lower paying position in a suitable office with wheelchair access, are they complying with the law?

a) Yes because they are compensating for his disability.

b) No because they are giving him a job of lesser value, when he is fully trained to do a higher paying job, because he is in a wheelchair.

c) Yes because he still has a job and full wheelchair access.

d) No because he is required to move office buildings, which is difficult without the use of your legs.

Senario 2

A greek restaurant refuses to interview anyone who is not of greek origin. The owner says " If you did not grow up with the greek traditions, how could you know how to properly cook greek food?".

Is Senario 2 an issue with the Charter of Rights and Freedoms or the Provincial Human Rights Laws? Why?

a) The Charter of Rights and Freedoms becaues it deals with a Private Business

b) The Provincial Human Rights Laws because it does not deal with a personal relationship

c) The Charter of Righs and Freedoms because it does NOT deal with a personal relationship

d) The Provincial Human RIghts Laws because it deals with a Private Business

#6

How could the owner be violating Section 15 of the Charter?

a) Discrimination of national or ethnic origin

b) Discrimination of religion

c) Discrimination of race

d) Discrimination of mental or physical disabilities

#7

Senario 3

A Rogers outlet store is robbed of a sample phone in Calgary. Witnesses report that the crime was committed by a member of the city's visible minority. Taking this evidence into account, the police patrol the streets, stopping anyone who matches the witnesses' description for questioning.

Are the police violating the citizens' legal rights? How or how not?

a) Yes, they are committing racial discrimination.

b) No, they are allowed to use witness statements as a justifiable reason to stop a person who matchines the description on the street.

c) Yes, they are voilating the law that everyone is innocent until proven guilty.

d) No, because the visible minority is not vulnerable, so they do not need protection.

#8

Section 15 protects from the discrimination of personal traits/qualities such as:

a) Sexual Orientation and Ethnic Origin

b) Maritial Status and Race

c) Sexual Orientation and Citizenship

d) Maritial status and Sex

#9

The phrase "Love is not about Gender" refers to the descrimination against:

a) Sex and Race

b) Maritial Status and Sexual Orientation

c) Sex and Maritial Status

d) Sex and Sexual Orientation

#10

Bibliography

http://jobsanger.blogspot.com/2010/10/nordic-countries-lead-in-gender.html

www.charterofrights.ca

http://blog.pappastax.com/index.php/2010/06/19/the-equality-lie/

http://mikedalgarno.wordpress.com/

http://www.monkfish-abbey.org/blog/20060320/love-is-not-about-gender/

http://hubpages.com/topics/religion-and-philosophy/the-role-of-religion-in-history-and-society/tolerance-and-religious-freedom/5101

Questions:

Acceptions

If a law violates section 15 equality rights, it can still be valid if there is reasonable justification for the discriminatory treatment in a free and democratic society

the state or fact of remaining the same one or ones, as under vary aspects or conditions

Identity: