4U - Chap 7 "The Canadian Charter, the Legislature, and the Judiciary"

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JasonDavid  on October 15, 2011

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4U - Chap 7 "The Canadian Charter, the Legislature, and the Judiciary"

Proportionality test
A weighing of the interests of society against those of individuals
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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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