LAWS 2105 Lecture Notes - Advantageous, Ontario Human Rights Commission, Revised Version

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Class 5 laws2105c february 4, 2014. Two sources of human rights protection in canada: Charter of rights and freedoms: fundamental freedoms, democratic rights (of citizens), interaction with legal system, s. 15 of the charter, equality of rights provision = everyone is equal under the law without discrimination. Courts have read in sexual orientation into this provision, which didn"t originally include it. Things that are unchangeable can be read in protections extended to people live off/on reserves: but this only applies to governmental conduct/actors. Infringements on charter have to challenge the government/actors/departments. Can extend to anything carrying out a government objective: community colleges (created by statute), hospitals (engaged in delivery of health care), universities are currently in the grey area. But s. 1 says that sometimes infringement of rights can be legitimate important objective from government and restrictions are as narrow as possible.

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