2.5 Resolving Infringement of the Charter

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Presentation transcript:

2.5 Resolving Infringement of the Charter If a court decides that a case comes under the Charter and that a right or freedom has been infringed, then it has to decide if the restriction is “reasonable” Is it reasonable if it is for the good of the group and if it is “demonstrably justifiable in a free and democratic society” If it is “unreasonable”, then the party accused of infringing the Charter will be able to resume activities.

Solutions, or Remedies, under the Charter Two ways to enforce rights and freedoms Section 52 of the Constitution Act, 1982, allows a strike down of a law. Also a read down can come into effect. Under Section 24 of the Charter, you can apply to the courts stating that rights have been violated.

2.6 Human Rights Civil rights are between individuals and governments, and the Charter protects these Human rights are between private individuals. It is illegal to discriminate, but prejudice and stereotyping are not

Prejudice and Stereotyping Prejudice involves making judgements about a person based on what group they are in, and is based on ignorance (ex: believing that women can’t play baseball) Stereotyping involves judging one person from a group and extending that judgement to the entire group (ex: believing that all teenagers are always negative trouble-makers)

Discrimination Prejudice and stereotyping are not illegal, however they may lead to discrimination Discrimination is when people act on prejudice or stereotype Two types of discrimination: Intentional discrimination: when a person knowingly discriminates Unintentional discrimination: when a person unknowingly discriminates