Deck 1: Fundamental Rights

Question 1

Which of the following statements is FALSE? Affirmative action

A)often benefits minorities
B)is required under the Charter of Rights and Freedoms
C)is legal under provincial Human Rights Codes
D)permits programs to discriminate now to make up for past discrimination against certain groups
E)can permit special hiring policies that may give an advantage to femal applicants

Answer 1

B

Question 2

Which of the following statements is FALSE? The Charter of Rights and Freedoms

A)requires that all court cases have to go to trial within a reasonable time
B)only applies to the actions of the government or a government agency
C)states Canadians have the right to work anywhere in Canada
D)protects peoples' and companies' rights to freedom of expression
E)has had more impact on criminal law than corporate law

Answer 2

A

Question 3

Over which of the following subjects does the federal government NOT have jurisdiction?

A)the regulation of trade and commerce
B)criminal law
C)education
D)the postal service
E)unemployment insurance

Answer 3

C

Question 4

A powerful corporation starts an expensive lawsuit with no legal basis against a protest group who objects to the pollution the corporation is causing. The corporation knows the protestors cannot afford the legal costs and hopes to silence their criticism. This is an example of a

A)Charter challenge
B)SLAPP lawsuit
C)corporate accommodation
D)breach of the Human Rights Code
E)harassment under the Charter

Question 5

The federal government has passed a law providing for new greenhouse gas emission standards for all industries across Canada. The stated reason for the law is the need to protect the environment. In passing the law, under which of the following powers of the federal government was the law likely passed?

A)regulation of trade and commerce
B)national security
C)criminal law
D)peace order and good government of Canada
E)the federal government does not have the power to pass the law

Question 6

In accordance with Human Rights Legislation, which of the following questions could an employer ask at a job interview?

A)Which political party do you currently support?
B)Have you ever been fired from a job?
C)Are you planning to start a family in the next year?
D)Will you need special days off due to your religion?
E)None of these questions should be asked at a job interview?

Question 7

Which of the following is a relevant consideration in determining whether a government can successfully rely on section 1 of the Charter?

A)that the law was passed by the government in good faith
B)that the law is just
C)that the law will be of some benefit to society
D)that the penalties for which the law provides are reasonable
E)that the law is needed to address a matter of pressing and substantial concern

Question 8

Which of the following statements is FALSE? The Charter of Rights and Freedoms

A)applies primarily to corporate business cases
B)can justify the Supreme Court striking down laws an elected government has passed
C)protects people from unreasonable search and seizures
D)applies to actions of the government and government agencies
E)protects people from cruel and unusual punishment

Question 9

Susan Lue has alleged that the Safe Driver Insurance Company has discriminated against her by charging her higher rates for insurance on the basis that she is unmarried. In accordance with Human Rights Code, which of the following statements is most accurate? The insurance company

A)has not committed an act of discrimination against Susan on any prohibited grounds
B)will not have infringed the Human Rights Code if it can prove its policies are based on reasonable and bona fide grounds
C)committed a prohibited act of discrimination as it is providing a service to the public
D)will be deemed not to have infringed the Human Rights Code if it can show that all of its unmarried customers are charged the same rate as Susan
E)is allowed to charge different rates for different customers.

Question 10

In which of the following circumstances would the Charter of Rights NOT apply?

A)The federal government passed a law which provides for unequal rates of pay for men and women
B)The federal government passed a law making it an offence to criticize the Prime Minister
C)Alberta passes a law that prevents atheists from complaining they have been discriminated against because of their belief
D)A restaurant in Toronto refuses to serve men under age 21
E)Ontario passes a law that prevents transgendered people from getting married

Question 11

Which of the following scenarios would be considered to be a breach of human rights law? An employer refuses to

A)modify premises to accommodate a recently disabled employee because the cost is more than the business can currently afford
B)allow his sole employee not to work on Sundays for religious reasons
C)purchase adaptive devices for an employee who has recently lost his sight and fires the employee as a result
D)pay for dental implants for an employee who was recently injured in a car accident
E)all of the above would be a breach of human rights law

Question 12

Which of the following would likely NOT be a bona fide occupational requirement? A requirement that

A)all counselors at a women's rape crisis centre must be female
B)all construction workers at a company must wear a safety helmet on a work site
C)all Air Canada pilots undergo random alcohol testing
D)all high school teachers in a private school are heterosexual not homosexual
E)all fire fighters must complete a strength and endurance course in a specified amount of time

Question 13

The federal government has just passed a law which makes it an offence for anyone to publicly declare that there is no God. The stated purpose of the law is to ensure that Canada remains a Christian oriented society. Which of the following statements best describes the correct legal position?

A)The law cannot be justified under section 1 of the Charter unless there are reasonable criminal penalties for a violation
B)The law violates section 2 of the Charter but can be justified under section 1.
C)The law cannot be justified under section 1 because the objective of the law is not reasonable
D)The law can be legal if all provinces also agree to it
E)The law does not violate any provision of the Charter

Question 14

If a provincial government tries to pass a law which prohibits all public gatherings. Which of the following statements is TRUE? The law

A)is constitutional as a government always has the right to prohibit public gatherings.
B)violates a Charter right but will be justifiable under section 1 if the legislature has acted in good faith.
C)is constitutional as no provision of the Charter is being violated.
D)is constitutional if the legislature has expressly stated that it is being passed under section 33 of the Charter
E)is constitutional if the legislature has expressly stated that it is being passed under section 1 of the Charter

Question 15

If the Ontario government passed a new sexual offences law. Which of the following statements best describes this law? The law

A)was validly passed pursuant to section 91 of the Constitution Act
B)is ultra vires the powers of the Ontario government
C)was validly passed pursuant to section 92 of the Constitution Act
D)can exist along with the Criminal Code
E)is only valid if all other provinces adopted a similar law

Question 16

Which of the following statements is FALSE? The federal government could make a new law that

A)sets age 17 as the age you can first get a driver's license in Canada
B)puts an extra 5% tax on people who earn more than $300,000 per year
C)increases the maximum penalty for terrorism to life in prison with no parole for 30 years
D)taxes the import of certain chemicals entering Canada from foreign countries
E)requires immigrants to pass a language test before they can become citizens

Question 17

Which of the following would be considered to be a breach of human rights legislation?

A)Paul, a Vice President of a company consistently flirts with Lorraine, another Vice President.
B)Jerry, the President of a company, consistently makes sexually suggestive remarks to Janice, a secretary employed to his main supplier
C)Michael a supervisor, consistently makes sexually suggestive remarks to Karen a junior employee on his shift.
D)Susan, a supervisor in a factory, makes sexually suggestive remarks to Billy another supervisor
E)All of the above

Question 18

Which of the following laws would NOT be within the jurisdiction of a provincial government? A law

A)regulating overtime work
B)requiring grade 12 math for high school graduation
C)requiring seniors who make more than $80,000 to pay for their own drugs
D)creating toll roads on major highways in the province
E)All of these laws are within provincial jurisdiction .

Question 19

What is the legal test for determining whether harassment has taken place in breach of human rights law?

A)The conduct could also result in criminal charges being laid
B)The complainant feels offended by the conduct
C)A reasonable person would have known that the behaviour was unwelcome
D)The conduct consists of sexually suggestive remarks
E)The conduct makes the complainant uncomfortable in the workplace

Question 20

In which of the following scenarios would provincial human rights legislation NOT apply?

A)a person denied membership at a fitness club because they are bi-sexual
B)a person fired from a job at The Bay due to their religion
C)a person denied an apartment by a landlord because of their nationality
D)a person denied Canada Employment Insurance because of their disability
E)The provincial Human Rights Code would apply in all situations

Question 21

What are the qualifications on a government's power to make laws?

A)The laws must be in accordance with the principles of the Charter of Rights and Freedoms.
B)The laws must be confirmed by the Supreme Court of Canada.
C)The government must be entitled to pass the legislation under the division of powers section of the Constitution.
D)Both A and B
E)Both A and C

Question 22

Which of the following is a protected right under the Charter?

A)the right to be tried for an offence within a reasonable time.
B)the right to obtain legal aid on being charged with a criminal offence
C)the right not to subjected to any cruel and unusual treatment or punishment
D)both A and C
E)all of the above

Question 23

Which level of government, if any, has the constitutional power to create cities?

A)the federal
B)the provincial
C)the municipal
D)no level of government - cities are created by a vote of the people of the area
E)cities are created by the federal government after a referendum

Question 24

Which of the following actions can a Human Rights tribunal do?

A)require a company to re-hire a worker
B)require a company to stop a discriminatory practice
C)award money to a complainant
D)require a company to adopt a special program to cure a problem of systemic discrimination
E)all of the above

Question 25

Over which of the following does the federal government have jurisdiction?

A)the regulation of trade and commerce
B)unemployment insurance (now called employment insurance)
C)the law of contract
D)both A and B
E)all of the above

Question 26

The Constitution of Canada was originally called the British North America Act ("the BNA Act"). This Act was passed by

A)the Parliament of Canada.
B)the British Parliament.
C)the colonies of Ontario, Quebec, Nova Scotia and Prince Edward Island.
D)the colonies of Upper and Lower Canada, nova Scotia and Prince Edward Island.
E)all the provinces of Canada.

Question 27

To which of the following situations does the Charter apply?

A)an act of sexual harassment by one employee against another
B)a section of the Criminal Code
C)a refusal by an employer to hire an applicant because of her colour
D)a landlord who refuses to rent an apartment to a person because of their religion
E)all of the above

Question 28

To which of the following does the Charter of Rights and Freedoms apply?

A)a section of the Criminal Code
B)a complaint of sexual harassment by an employee of McDonald's Restaurants Ltd.
C)a section of a provincial Education Act
D)both A and C
E)all of the above

Question 29

The Ontario government enacts a law that says in every company that has more than 100 employees, the proportion of women employees must be the same as that in the provincial workforce. Which of the following statements is true?

A)This provision is invalid because it violates the Charter.
B)The provision is valid because there is a specific exemption in the Charter for affirmative action programs.
C)The provision is invalid because it violates the equality provisions of the Ontario Human Rights Code.
D)The provision is valid because it is a bona fide occupational requirement.
E)Both A and C

Question 30

If the court states an Act (Statute)is beyond the jurisdiction of a government, it will rule the Act is

A)ultra vires
B)in violation of the Charter of Rights
C)nullius in verba
D)staredecisis
E)exjuris

Question 31

Which of the following rights is protected under the Charter?

A)to be advised of the right to a lawyer on being arrested.
B)freedom of the press
C)right to have an interpreter in court proceedings
D)citizens right to remain, enter and leave Canada
E)all of the above

Question 32

The purpose of s. 33 of the Charter is to

A)permit affirmative action programs even though they may discriminate.
B)permit a government to remain in office for more than five years without an election.
C)permit such reasonable limits on Charter rights as can be justified in a free and democratic society.
D)permit governments to pass laws even though that they infringe rights or freedoms guaranteed by the Charter.
E)prohibit governments from passing laws that violate the Charter

Question 33

Identify to which of the following situations the Charter applies:

A)a law passed by the federal government
B)a law passed by the provincial government
C)the firing of an employee by an insurance agency due to their religion
D)the false arrest of a person by a security guard
E)both A and B

Question 34

Over which of the following does the federal government have jurisdiction?

A)education
B)bankruptcy
C)a railroad between Toronto and Ottawa
D)the conducting of marriage ceremonies
E)wages of nurses and doctors

Question 35

Over which of the following matters does a provincial government have jurisdiction?

A)the postal system
B)the Criminal Code
C)health care
D)copyright
E)customs duties

Question 36

The case of Vriend v. Alberta established

A)the right of disabled people to obtain an accommodation
B)that a person could not be discriminated against based on their sexual orientation
C)the right of an accused person to not be subjected to random searches by police
D)the right of refugees to receive a fair hearing
E)that unions have the right to strike

Question 37

The British North America Act was amended in 1982 to accomplish what objectives?

A)to allow amendments to the Constitution to be made in Canada rather than by the British Parliament
B)to add a Charter of Rights and Freedoms
C)to change the existing division of powers between the federal and provincial governments
D)to strengthen civil liberties by enshrining them in the Constitution
E)All of the above

Question 38

Where do the residual powers to deal with matters not specifically listed as being with the jurisdiction of the federal or provincial governments lie?

A)with the federal government
B)with the provincial government
C)with the Federal Court of Canada
D)with the Courts of Appeal of the provinces
E)with the Federal Court of Appeal

Question 39

In the Big M Drug Mart case, which of the following did the Supreme Court decide?

A)The Lord's Day Act was criminal in nature and therefore within the federal government's powers under the Constitution Act.
B)A corporation may challenge a law on the grounds that it infringes the freedom of conscience and religion guaranteed by the Charter, even though a corporation does not have a conscience or practice a religion.
C)The Lord's Day Act, prohibiting doing business on the Christian Sabbath (Sunday), infringes the religious freedom of non-Christians.
D)Both A and C
E)All of the above

Question 40

The federal government is planning a law that would make it an offence to make negative remarks about the intelligence of the American President. The government claims that this is necessary at the present time for reasons of national security. If the law were challenged under the Charter of Rights and Freedoms, what would you expect the courts to decide?

A)The law is ultra vires federal jurisdiction as speech is a purely local or private matter.
B)The law infringes the freedom of thought, opinion, and expression guaranteed by the Charter.
C)The law is justified as a reasonable limit in a free and democratic society.
D)There is a specific exemption in the Charter for legislation passed for national security reasons.
E)Both B and C

Question 41

Which of the following may use a defence of due diligence to a charge of sexual harassment under the Canadian Human Rights Act?

A)The employer
B)The employee
C)Both A and B
D)Neither A nor B
E)There is no defence of due diligence under the Canadian Human Rights Act.

Question 42

Dan Leman is employed by True North Aviation Inc. as a pilot. He appears on the television news as an advocate for legalizing marijuana. His employer learns of this and the next day, without any notice, requires Dan to provide a urine sample to test for drug use or be fired. Dan wants to lay a complaint with the Canadian Human Rights Commission. Which of the following is true?

A)Dan cannot succeed under the Canadian Human Rights Act because drug use is not a prohibited ground of discrimination.
B)The employer can demand a urine sample in these circumstances, but as the demand was made without notice it was invalid.
C)The employer can require a urine sample in these circumstances and need not give notice.
D)Even if the employer had not heard of the TV appearance, it could have demanded a urine sample for drug testing.
E)Both C and D

Question 43

Which of the following statements correctly describes how sexual orientation originally became a prohibited ground of discrimination under federal human rights legislation?

A)It was included as a prohibited ground in the Canadian Human Rights Act as first enacted.
B)It was included as a prohibited ground in several provincial Human Rights Acts and Parliament decided to follow suit.
C)It was declared to be a prohibited ground by the Canadian Human Rights Commission.
D)It was added as a result of a court ruling in a case challenging the legislation as contrary to the Charter of Rights.
E)It just happened due to public pressure

Question 44

Ravinder Singh is a Sikh and, in accordance with his religion, wears a turban. He works as a security guard for the Securimax Corporation and their policy requires all security guards must wear a company cap on duty. Ravinder is told that he is suspended until he complies with this policy. Ravinder brings a complaint before the human rights commission of his province. Which of the following statements is correct?

A)Ravinder is not being discriminated against on any prohibited ground.
B)Securimax is not discriminating against Ravinder since its policy applies to employees of any religion.
C)Securimax must make a reasonable effort to accommodate Ravinder's specific requirements imposed by his religion.
D)The requirement of wearing a Securimax cap is a bona fide occupational requirement since otherwise people would not recognize that Ravinder is a security guard.
E)This is not a matter within the jurisdiction of a provincial human rights commission since security is a matter within federal jurisdiction.

Question 45

The Federal Government has power to make laws for the peace order and good government of Canada.

Question 46

Vanguard Metal Work Co. had to reduce staff, so it fired six of its 30 employees. All six were Chinese, the only Chinese employees in the company. The fired workers wish to lay a complaint with the human rights commission. Which statement is correct?

A)Each worker must prove an act of discrimination against him to be successful in the complaint.
B)The group must prove an act of discrimination against the group as a whole.
C)The fact that the only employees fired were also the only Chinese workers in the company can be evidence in itself of discrimination.
D)The company has an unrestricted right to fire staff if economic circumstances warrant it.
E)The company has so few employees that it would not be a valid situation to claim discrimination

Question 47

In which of the following circumstances would human rights legislation NOT apply?

A)a landlord refuses to rent an apartment to an individual because of that person's religious affiliation.
B)a municipality passes a zoning by-law restricting the issuance of permits for constructing places of worship to three specific religions.
C)a corporation dismisses an employee who has requested health care benefits for a partner of the same sex.
D)a recreation centre operated by the city refuses to allow a teenaged girl to join the local hockey team.
E)a fitness club refuses to let a transgendered person join the club

Question 48

Suppose a railway that carries goods across Canada recently implemented an employment policy not to hire pregnant women to work on the trains. On what grounds could it be challenged if Lara, who is two months pregnant, were to apply for a position with the railway and was not hired because of her pregnancy?

A)Discrimination on the basis of sexual orientation under the provincial Human Rights Act.
B)Discrimination on the basis of sex under the Canadian Human Rights Act.
C)Discrimination on the basis of family status under the Canadian Human Rights Act
D)Discrimination on the basis of marital status under the provincial Human Rights Act.
E)The policy is beyond the powers of the company to enact.

Question 49

Ontario's Employment Equity Act (enacted by the NDP government but subsequently repealed by the Conservative government)required employers to hire so that their workforce reflected visible minority groups proportionately. This legislation did not contravene the Charter because:

A)it did not violate any right protected under the Charter
B)the Charter did not apply to it because it was a provincial law
C)it violated a protected right, but was saved by a specific Charter exemption.
D)it violated a protected right, but was saved by section 33 (the notwithstanding clause).
E)The Charter did not apply because it applied to private corporations

Question 50

A bona fide occupational requirement is

A)something that must be proved by an employee making a human rights complaint.
B)a defence to a Charter application.
C)an employee's defence to a Human Rights Act complaint.
D)an employer's defence to a Human Rights Act complaint.
E)an example of affirmative action in the workplace

Question 51

Which of the following statements is FALSE?

A)a BFOR is a valid requirement for the performance of a job that may legally discriminate against certain people
B)companies must accommodate disabilities up to a reasonable limit
C)a company should not ask female job applicant if she is planning on having children as this is discriminatory
D)companies may have to allow workers time off to care for their elderly ill parents
E)companies may have to accommodate their workers' child care needs in certain situations

Question 52

Chandra constantly cooked strong smelling curries in her condominium but her neighbours complained of the strong smell and wanted to force her to move out. If Chandra took her case to a human rights tribunal it would most likely rule that

A)her cooking is a nuisance and she can be forced to leave
B)this is discrimination and she has a right to prepare her ethnic food without the threat of removal
C)she can stay but she must pay the legal costs of the condominium board
D)she can only cook mild curries
E)this is not harassment and she will be forced to move if she continues to cook the curries

Question 53

Which of the following statements correctly describes the effect of the Canadian Human Rights Act?

A)Drug addiction is not a prohibited ground of discrimination.
B)Disability is defined to include drug addiction.
C)Only a current addiction is considered to be a disability.
D)Drug addiction can be grounds for firing if abstaining from drugs is a bona fide occupational requirement.
E)Both B and D

Question 54

The Ontario Hockey Association makes a rule that only boys can play on teams in its league. Which of the following would apply to that ruling?

A)The Charter
B)The Canadian Human Rights Act
C)The Ontario Human Rights Code
D)The United Nations Covenant on the Rights of Children
E)Both A and C

Question 55

Which of the following laws have been declared invalid by the Supreme Court of Canada on the basis of an infringement of the Charter of Rights and Freedoms?

A)the provisions in the Competition Act for issuance of search warrants.
B)a law banning all commercial advertising of tobacco products
C)the Lord's Day Act, which prohibited most business transactions on a Sunday
D)the provision in the Narcotic Control Act requiring a minimum sentence of seven years' imprisonment for importing.
E)all of the above

Question 56

To which of the following does provincial human rights legislation apply?

A)a provincial Act which prohibits paying welfare to anyone who is not a landed immigrant.
B)an employee of Air Canada who was fired because of her race
C)an employee of the Bay who was fired because she threatened a sexual harassment complaint against her supervisor.
D)an employee of the Bay who was fired for stealing from her employer
E)a federal law that can send terrorists back to their country of origin

Question 57

Which of the following questions can be asked on an employment application form in accordance with human rights legislation?

A)Would you be willing to relocate to a different city if the job required it?
B)What is your age?
C)Do you have children?
D)Where were you born?
E)Do you have any disabilities that could affect your performance of the job?

Question 58

Which of the following is the best synonym for bona fide?

A)well done
B)good faith
C)unusual exception
D)true value
E)bad faith

Question 59

The Hydro-Quebec decision of the Supreme Court established the principle that if an employee

A)has been discriminated against large punitive damages can be awarded
B)is over age 70 they can be terminated
C)is an alcoholic they cannot be terminated unless the company offers them rehabilitation assistance first
D)had been accommodated many times over many years and there is no reasonably foreseeable time they can return to work their contract can be ended
E)consents to sexual advances by a co-worker than they cannot launch a successful claim for sexual harassment

Question 60

Donna Dee was a salesperson with the Acme Anvil Company. Peter Nagy, a fellow salesperson, pressed unwanted sexual advances against her and she laid a complaint of sexual harassment with the appropriate human rights commission against both Nagy and the Acme Co. Which of the following is correct?

A)If true, the harassment is possible grounds for dismissal of Nagy.
B)Acme Co. cannot be liable because it was unaware of the incident.
C)Acme Co. cannot be liable because Nagy was only a junior employee.
D)This is not a matter for a human rights complaint, but for a civil action by Donna against Nagy and possible also Acme Co.
E)The human rights commission could sentence Nagy to serve jail time

Question 61

An employer will also be held responsible for acts of discrimination committed by an employee even if it was unaware of the employee's actions.

Question 62

Laws which violate a fundamental right specified in the Charter will be automatically declared unconstitutional by the Courts.

Question 63

A company must accommodate an employee's special needs up to the point of undue hardship.

Question 64

Systemic discrimination can occur even if there was no intention to discriminate against a certain group.

Question 65

SLAPP lawsuits are designed to silence public protests on controversial issues.

Question 66

The Charter of Rights and Freedoms applies in all cases where a person's human rights have been violated.

Question 67

Section 33 of the Charter allows a government to pass a law that violates certain sections of the Charter's rights and freedoms.

Question 68

Under the Constitution Act, the provinces have the power to pass laws relating to property and civil rights.

Question 69

A corporation may be able to successfully claim that a law that limits its right to advertise violates its right to freedom of expression.

Question 70

There is no provision in the Charter that can ever permit any form of discriminatory policy to be maintained.

Question 71

The Canadian constitution was "patriated" at the time of Confederation.

Question 72

Only natural persons can challenge a law as being unconstitutional.

Question 73

Under the Constitution Act, the federal government and the Provincial legislatures both have the power to make laws concerning matters of common interest across Canada.

Question 74

A BFOR can justify a company discriminating against workers for a valid reason.

Question 75

Jokes, gestures or remarks without any physical contact can constitute sexual harassment.

Question 76

The Charter applies to all instances of discrimination by a government.

Question 77

The Charter is a part of the supreme law of Canada.