Question 1

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?
A) The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.
B) The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.
C) The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right.
D) When evidence is obtained in violation of a person's Charter rights, the court must exclude that evidence.
E) The court is free to impose any remedy for a Charter violation that it considers appropriate.

Accepted Answer

The answer of Which of the following is incorrect with...

Question 2

Ms. Lott was required by a provision in the B.C. School Act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is False with regard to this situation?
A) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
B) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
C) The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.
D) The federal legislature is the proper body to decide if the provincial School Act is lawful.
E) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.

Accepted Answer

The federal legislature is not the proper body to decide if the provincial School Act is lawful. The responsibility lies with the courts to interpret the constitutionality of laws.

Question 3

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?
A) The passage of the Charter has placed significant limitations on the power of the judiciary.
B) The passage of the Charter has shifted power from the federal to the provincial government.
C) The passage of the Charter has increased the power of the courts.
D) The passage of the Charter has led the provincial and federal legislatures to become more activist in making law.
E) The passage of the Charter has shifted power from the courts to parliament.

Accepted Answer

The Charter of Rights and Freedoms has increased the power of the courts, particularly those at the provincial and federal levels, through judicial review. This enables the courts to strike down laws that are unconstitutional, thereby providing a check on the power of the legislative and executive branches of government.

Question 4

Which one of the following is a Charter right that the provinces could not override through the use of the notwithstanding clause (Section 33 of the Charter)?
A) The right to move anywhere you want in Canada
B) The right not to be subjected to any cruel or unusual punishment
C) The right to worship who, how, or what you wish
D) The right to not be discriminated against because you are black
E) The right to be told why you are being arrested

Accepted Answer

The answer of Which one of the following is a...

Question 5

The ________ applies to abuses in sectors regulated by federal legislation, such as the broadcast and telecommunications industries. Similar provincial statutes apply only in areas controlled by provincial legislation.
A) Canadian Human Rights Act
B) Constitution Act, 1867
C) Charter of Rights and Freedoms
D) Meech Lake Accord
E) Constitution Act, 1982

Accepted Answer

The Canadian Human Rights Act is designed to prevent discrimination and to address complaints about discriminatory practices in federally regulated activities, including sectors like broadcasting and telecommunications. Provincial human rights laws cover areas under provincial jurisdiction.

Question 6

Which of the following is a right or freedom guaranteed in the Charter?
A) The right to own property
B) The right to have your children educated in any language
C) The right to bear arms
D) The right to vote in federal and provincial elections
E) The right to be assured of a minimum level of income

Accepted Answer

The right to vote in federal and provincial elections is guaranteed in the Canadian Charter of Rights and Freedoms, ensuring citizens have a say in the democratic process.

Question 7

Which of the following is correct with respect to limitations on the Charter?
A) Interference with rights must be justifiable in a free and democratic society.
B) It cannot be used by a resident who is not a citizen of Canada.
C) It does not protect the rights of aboriginal people.
D) It only applies to government employees.
E) It only applies to the federal government.

Accepted Answer

The Charter allows for limitations of rights and freedoms, but these limitations must be justifiable in a free and democratic society. This is known as the "reasonable limits clause" and is found in section 1 of the Charter.

B, C, D, and E are incorrect statements. The Charter applies to all residents of Canada, including non-citizens. It protects the rights of aboriginal people and all citizens. It applies to both government and non-government employees. And it applies to both the federal and provincial/territorial governments.

Question 8

Regarding the Charter of Rights and Freedoms, which of the following statements is true?
A) Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process.
B) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
C) Any action by a government official violating the provisions of the Charter is not actionable under the Charter.
D) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.
E) The Charter protects fundamental freedoms that apply only to relations between private citizens.

Accepted Answer

The Charter cannot be changed by any level of government without going through the constitutional amendment process, as outlined in Section 38. This ensures that any changes to the Charter require significant consultation and debate before being implemented.

Question 9

Which of the following is not a legal right under the Charter?
A) Everyone has the right not to be deprived of life, liberty, and security.
B) Everyone has the right not to be arrested or detained without being told why.
C) Everyone has the right to be presumed innocent until proven guilty.
D) Everyone has the right, if acquitted of an offence, not be tried for it again.
E) Everyone has the right not to be subjected to any cruel and unusual punishment.

Accepted Answer

The answer of Which of the following is not a...

Question 10

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?
A) The passage of the Charter has increased the power of both parliament and the provincial legislatures.
B) The passage of the Charter has shifted power from the federal government to the provincial governments.
C) The Charter has shifted power from the provinces to the federal government.
D) The passage of the Charter has increased the power of the courts.
E) The passage of the Charter has shifted power from the courts to the parliament.

Accepted Answer

The Charter of Rights and Freedoms has had a significant impact on the power dynamic between the three branches of government in Canada. While it has not necessarily increased the power of parliament or the provincial legislatures, it has shifted some power from both to the courts. This is because the Charter gives individuals the ability to challenge the constitutionality of laws, which can lead to court rulings that strike down or revise those laws. As a result, the courts have become more powerful in their role as guardians of the rights and freedoms guaranteed by the Charter.

Question 11

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.
A) statutes
B) human rights tribunals
C) constitutional tribunals
D) legislation
E) language rights tribunals

Accepted Answer

Both federal and provincial governments have set up special human rights tribunals to deal with complaints of human rights violations. These tribunals have the authority to investigate, impose sanctions, and provide remedies if necessary. The other options, such as statutes, legislation, and constitutional tribunals, are all legal and regulatory frameworks that may support human rights protections but do not specifically address complaints or violations. Language rights tribunals, while important, are not the focus of the question.

Question 12

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada
A) held that religious discrimination is acceptable in the workplace.
B) found that the employer was required to take reasonable steps to accommodate the religious practices of an employee.
C) concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer.
D) decided that only certain religions are worthy of protection under human rights legislation.
E) determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.

Accepted Answer

The Supreme Court majority held that employers must take reasonable steps to accommodate the religious practices of their employees, unless this would result in undue hardship.

Question 13

Which of the following is true regarding human rights?
A) Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations.
B) Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies.
C) Human rights protection applies to all areas, without restriction.
D) There is still no legislative protection against sexual harassment.
E) All remaining legal issues concerning human rights protection of same-sex relationships have been resolved.

Accepted Answer

Both the federal and provincial governments in Canada have established special human rights tribunals that have the authority to hear complaints of human rights violations. These tribunals can investigate complaints and have the power to impose sanctions and provide remedies. Furthermore, human rights protection applies to all areas, without restriction. There is still ongoing work to address issues such as sexual harassment and discrimination against individuals in same-sex relationships, but progress is being made.

Question 14

Which of the following is correct with respect to the Charter of Rights and Freedoms?
A) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait 5 years before implementing the provision.
E) The effect of the notwithstanding clause is to shift the power back to the judges.

Accepted Answer

Section 33 of the Charter, known as the notwithstanding clause, allows federal or provincial legislatures to pass laws that operate notwithstanding certain provisions of the Charter. This clause does not apply to all sections of the Charter, specifically excluding some key rights such as the right to vote and mobility rights.

Question 15

Which of the following statements is correct with respect to human rights laws in Canada?
A) Protection against discrimination on the basis of sexual orientation is recent and not yet written in some human rights statutes.
B) All employers have an obligation to accommodate all of the religious practices and disabilities of their employees.
C) Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office.
D) From a business point of view, the Charter is much more important than the provincial human rights legislation.
E) Human rights in the federal area are protected by the federal human rights commission, which enforces the Canadian Bill of Rights.

Accepted Answer

Protection against discrimination on the basis of sexual orientation was not included in some human rights statutes until recent years, making statement A correct. The other statements are incorrect or inaccurate. All employers have an obligation to accommodate the religious practices and disabilities of their employees to the point of undue hardship, but not all accommodations may be necessary or feasible. Federal and provincial human rights commissions are administrative tribunals, not courts, and commissioners do not have the same powers as superior court judges. The Charter and provincial human rights legislation are both important in protecting human rights in Canada. Finally, the Canadian Bill of Rights is not the primary federal statute for protecting human rights, as that role falls to the Canadian Human Rights Act.

Question 16

Protection against sexual harassment exists because sexual harassment is regarded as a form of ________ on the basis of gender.
A) prohibition
B) abuse
C) discrimination
D) human rights
E) fundamental freedom

Accepted Answer

Sexual harassment is considered a form of discrimination because it involves treating someone differently or creating a hostile work environment based on their gender. Discrimination based on gender is illegal under many anti-discrimination laws, such as Title VII of the Civil Rights Act in the United States.

Question 17

Which of the following is correct with respect to the Charter of Rights and Freedoms?
A) Section 33 (the notwithstanding clause) applies to all protections in the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature cannot override a section of the Charter.
E) The effect of the notwithstanding clause is to shift the power back to the judges.

Accepted Answer

Section 33 of the Charter, known as the notwithstanding clause, allows federal or provincial legislatures to pass laws that operate notwithstanding certain sections of the Charter, including those related to fundamental freedoms, legal rights, and equality rights. This means legislatures can temporarily override rights like those protecting against discrimination based on race or religion.

Question 18

The Charter of Rights and Freedoms does not apply to which of the following?
A) The provincial cabinet
B) The police
C) A restaurant
D) A human rights commission
E) A municipal council

Accepted Answer

The Charter of Rights and Freedoms applies to government entities and bodies, not private businesses such as restaurants. The other options listed are all government entities and are subject to the Charter.

Question 19

Which of the following is true regarding human rights legislation?
A) The mandate of human rights commissions is to encourage the government to follow principles of equality.
B) Material on the Internet is exempt from the application of human rights legislation.
C) Human rights commissions cannot deal with complaints arising from business interactions.
D) Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel.
E) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.

Accepted Answer

Canada's first-ever human rights complaint concerning an Internet hate site indeed involved Ernst Zundel. This case marked a significant moment in the application of human rights legislation to online content, demonstrating that material on the Internet is not exempt from such laws.

Question 20

Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.
A) sexual orientation
B) marriage
C) gender
D) publications
E) freedom of speech

Accepted Answer

Several human rights legislation initially did not include explicit protection against discrimination based on sexual orientation. However, courts have interpreted general provisions on discrimination or equality to include protection against discrimination based on sexual orientation. This shows a willingness to imply the existence of this protection.

Quiz 2: Introduction to the Legal System

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

Ms. Lott was required by a provision in the B.C. School Act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is False with regard to this situation?

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?

Which one of the following is a Charter right that the provinces could not override through the use of the notwithstanding clause (Section 33 of the Charter) ?

The ________ applies to abuses in sectors regulated by federal legislation, such as the broadcast and telecommunications industries. Similar provincial statutes apply only in areas controlled by provincial legislation.

Which of the following is a right or freedom guaranteed in the Charter?

Which of the following is correct with respect to limitations on the Charter?

Regarding the Charter of Rights and Freedoms, which of the following statements is true?

Which of the following is not a legal right under the Charter?

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

Which of the following is true regarding human rights?

Which of the following is correct with respect to the Charter of Rights and Freedoms?

Which of the following statements is correct with respect to human rights laws in Canada?

Protection against sexual harassment exists because sexual harassment is regarded as a form of ________ on the basis of gender.

Which of the following is correct with respect to the Charter of Rights and Freedoms?

The Charter of Rights and Freedoms does not apply to which of the following?

Which of the following is true regarding human rights legislation?

Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.