Mediation the first process of resolving a complaint

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discriminatory behaviour exists. Mediation (the first process of resolving a complaint, if mediation is not successful, an investigation may take place) and Conciliation (method for dispute resolution, where a neutral third party (a rep of the HRC) Will help both parties resolve their disputes). Remedies : used when it is determined that a right was violated; order the discriminator to refrain from the supposed discriminatory practice. Could be specific as well; having an employee reinstated. Or having an organization develop harassment/discriminatory policies. Having an organization develop human rights training. Compensation. Resolutions= Education on issues, awareness of ignorance, Education, Awareness, Acceptance, to remove ignorance. You’re allowed to have negative thoughts of discrimination, you are not allowed to act on it (hate crimes). True and False- 3 Branches of government: 1. Legislative B : primary (make laws), the only body that can approve or reject what laws we will have, composed of those who are elected to the HOC and those appointed to the senate. 2. Executive B : Prime minister & cabinet ministers, day to day management, final decision if a bill will become a law, primary generator of draft laws and bills, relies on politically neutral civil service. EX: Nurses, Customs Officers). 3. Judiciary B: it is an independence branch, separate from the other two, enforce, interpret and apply the law (settle disputes or clarify the law), Rule of law (gov’t must follow the law, no one is exempted from the law, no action can be taken unless authorized). Pith and Substance : (meaning + when applied): A legal doctrine, it is used to determine under which head of power is given legislation falls under. Whether a law is intra virus (within jurisdiction) and ultra virus (outside authority or jurisdiction). Section 11 of the Charter : the section of the Canadian Constitution that protects a person's legal rights in criminal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by the state for public offences. There are nine protected rights in section 11 , EX. Right to be informed without unreasonable delay of the specific offence, right to be tried within a reasonable time, right not to be compelled to be a witness in proceedings against that person in respect of the offence, right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;.
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  • Fall '17
  • Law, Canadian Charter of Rights and Freedoms

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