4U - Chap 7 "The Canadian Charter, the Legislature, and the Judiciary"
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Created by:
JasonDavid on October 15, 2011
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19 terms
Terms | Definitions |
|---|---|
Proportionality test | A weighing of the interests of society against those of individuals |
Reverse onus provision | The "shift of responsibility"; proof of innocence lies on the accused as opposed to the crown |
Defame | To libel or slander; ruin the good name of |
Rational connection | Part of "proportionality test"; suggests connection must not be "unfair or arbitrary". |
Minimal Impairment | Part of "proportionality test"; suggests laws/gov't will interfere with rights/freedoms as little as possible |
Reading down | To provide a more "narrow" interpretation of the legislation than was previously provided |
Reading in | Court process by which legislation stands as is; similar, but not identical, to "reading down" |
Injunction | A judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity |
Damages | Sum of money paid in compensation for loss or injury |
Stay of proceedings | Court can stop proceedings if continuing the actions would be considered prejudicial |
Collective bargaining | Process by which a union representing a group of workers negotiates with management for a contract |
Extradition | The legal process by which a fugitive from justice in one state (or country) is returned to that state |
Arbitrary | Unreasonable; having no justifiable reason for action. |
Habeas Corpus | Right not to be held in prison without first being charged with a specific crime |
Incriminating | To prove or make somebody appear to be guilty of a crime |
Perjury | Criminal offense of making false statements under oath |
Liberties | Protections of citizens from unwarranted government actions; freedoms |
Foreign nationals | People who are living in a country other than the one(s) they hold citizenship to |
Security Certificate | Document which, upon issue, empowers the gov't to declare an individual(s) inadmissible to Canada |
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