Law Exam Review Unit 2

Entrenchment refers to the act of protecting a specific portion of a constitution by making it difficult to change, ensuring that it can only be modified through a constitutional amendment. This measure is taken to safeguard fundamental principles or rights that are considered essential and should not be easily altered. By requiring a higher threshold for modification, such as a supermajority or a referendum, entrenchment aims to provide stability and prevent hasty or arbitrary changes to important constitutional provisions.

The answer "reasonable limits" refers to restrictions on rights and freedoms that are deemed acceptable or justified because they serve the purpose of advancing society's interests. These limits are considered reasonable because they strike a balance between protecting individual rights and ensuring the overall welfare of society. By imposing these limits, the goal is to prevent any abuse or misuse of rights that could harm the greater good.

The notwithstanding clause refers to a clause in the Charter that allows Parliament or provincial legislatures to bypass or override certain provisions of the Charter. This means that even if a particular provision of the Charter guarantees certain rights and freedoms, the notwithstanding clause can be invoked to temporarily set aside those rights and freedoms. It is a mechanism that provides some flexibility to lawmakers in exceptional circumstances where they believe it is necessary to limit certain rights for the greater good.

"Read down" refers to a legal interpretation where a court determines that a piece of legislation is generally in line with the principles of a constitution or charter, but it is inconsistent or violates those principles in a specific case. This means that while the legislation may be valid and constitutional in most situations, it cannot be applied as such in the particular case being considered. The court will then modify or limit the application of the legislation to ensure that it aligns with the constitutional rights or principles at stake in that specific case.

Undue hardship refers to a situation where accommodating someone's needs would result in a significant negative impact on the employer's economic viability or create a substantial health or safety risk that outweighs any potential benefits. It suggests that there are limits to the extent an employer is required to accommodate an individual, as there may be circumstances where the burden is too great.

The correct answer is separatism. This term refers to the desire or movement to establish a politically independent Quebec and withdraw from Confederation. It signifies the idea of wanting to separate or break away from a larger political entity or nation. In the context of Quebec, separatism has been a significant political movement advocating for the sovereignty of the province and seeking independence from Canada.

Federalism is a form of political organization where power is divided between a central government and regional governments. In the case of Canada, federalism means that the federal government governs the entire country, while the provinces and territories have their own specific and limited powers. This system allows for a balance of power between the central government and the regional governments, ensuring that both levels of government have their own areas of authority and responsibility.

Collective rights refer to the rights that individuals acquire as a result of their membership in a specific group. These rights are shared by all members of the group and are usually based on common interests or characteristics. Collective rights recognize the importance of group identity and aim to protect the rights and interests of the entire group. They can include cultural, linguistic, religious, or territorial rights, among others. Collective rights ensure that the group as a whole is able to maintain its distinct identity and exercise its rights without discrimination or oppression.

Cultural genocide refers to the intentional and organized efforts to destroy the culture, traditions, language, and customs of a particular cultural group. This includes actions such as prohibiting the use of native languages, suppressing cultural practices, erasing historical records, and forcibly assimilating members of the targeted group into a dominant culture. The aim of cultural genocide is to eliminate the distinct identity and heritage of the targeted group, often resulting in long-lasting psychological, social, and emotional impacts on its members.

The correct answer is specific land claims. This refers to claims made by Aboriginal peoples regarding the fulfillment of treaties and the administration of lands and assets under the Indian Act. These claims are specific to land-related grievances and aim to address issues related to the ownership, use, and management of specific parcels of land.

Comprehensive land claims refer to claims made by Aboriginal communities based on the recognition that they have ongoing rights to lands and natural resources. These claims are made in areas where Aboriginal title has not been addressed through treaties or other agreements. Comprehensive land claims aim to address historical injustices and negotiate agreements that provide Aboriginal communities with rights and benefits related to their traditional lands and resources. This process is important for promoting reconciliation and addressing the unresolved land rights of Indigenous peoples.

The correct answer is "amending formula." In the context of the given explanation, an amending formula refers to a method or process for making changes to a constitution. In Canada's case, it specifically implies a method that would no longer require involvement from the British parliament. This suggests that Canada is seeking a way to amend its constitution independently without relying on the British parliament for approval or authorization.

Sovereignty association refers to the concept put forth by the Parti Quebecois government of Rene Levesque, where Quebec would have the power to make its own laws and become a sovereign jurisdiction, while still maintaining economic ties with the rest of Canada. This would allow Quebec to have control over its own governance and decision-making processes, while also benefiting from economic cooperation and trade with the rest of the country.

Stereotyping refers to the act of forming a fixed and oversimplified idea or belief about a particular group of people based on the characteristics or behaviors of one individual from that group. It involves making generalizations and assumptions about all members of the group, often leading to unfair judgments or prejudices. Stereotyping can be harmful as it disregards the individuality and diversity within the group, promoting bias and discrimination.

The phrase "bona fide" means genuine or legitimate. It is often used to describe something that is done in good faith or without any intention to deceive. In this context, "bona fide" suggests that the action or situation being referred to is authentic and sincere.

Aboriginal rights refer to the rights that certain Aboriginal peoples in Canada possess due to their historical and ongoing use of the land. These rights differ among different groups, depending on their customs, practices, and cultural traditions. These rights recognize the unique relationship that Aboriginal peoples have with the land and aim to protect their cultural heritage, traditional practices, and the ability to continue their way of life.

A treaty is a formal agreement between two autonomous entities, such as countries or organizations, in which they agree to conduct themselves in certain ways or to do certain things. This agreement is legally binding and outlines the rights, obligations, and responsibilities of the parties involved. Treaties are often used to establish peace, resolve conflicts, regulate trade, protect the environment, or promote cooperation in various areas. They are an important tool in international relations and provide a framework for interaction and collaboration between different entities.

Human rights are the fundamental rights that every individual is entitled to, regardless of their nationality, race, religion, or any other characteristic. These rights are considered essential for a dignified and meaningful life in any society. They include the right to religious freedom, which allows individuals to practice their chosen religion without interference, and the right to equality of opportunity, which ensures that everyone has an equal chance to succeed and thrive. When these rights are at risk or being violated, it becomes necessary for the state to intervene and protect them.

The given correct answer is "discrimination." Discrimination refers to the act of treating a person differently or adversely without any valid reason. It involves unfair treatment or prejudice based on factors such as race, gender, age, religion, or disability. Discrimination can manifest in various forms, including employment, housing, education, or public services. It is a violation of human rights and promotes inequality and injustice within society.

Prejudice refers to the act of forming an opinion or judgment about a group of people and then applying that judgment to all individuals within that group. It involves making assumptions or holding biased beliefs based on limited information or stereotypes. Prejudice can lead to discrimination and unfair treatment of individuals based on their group membership. It is important to challenge and overcome prejudice in order to promote equality and inclusivity.

In civil law, the standard of proof is based on a balance of probability. This means that the evidence presented must show that it is more likely than not that the claim or allegation is true. This standard is different from the criminal law standard of proof beyond a reasonable doubt, where the evidence must be strong enough to leave no reasonable doubt in the minds of the jury or judge. Therefore, the correct answer is "balance of probability" because it accurately describes the degree of proof required in civil law cases.

Affirmative actions refer to a policy designed to increase the representation of groups that have suffered discrimination. This policy aims to address historical disadvantages faced by marginalized groups by providing them with opportunities and advantages that were previously denied to them. Affirmative actions can include measures such as preferential hiring or admissions practices in order to promote diversity and equal representation in various sectors of society.