The Ontario human rights case is about Micheal bates, he alleged that he was discriminated against because Zurich insurance charged him higher premiums for his automobile insurance than a young, single female driver with the same driving record or drivers over the age of 25.
In the case above, I am gearing towards discrimination all young drivers are not on the same level. The insurance company is failing to consider different perspectives or not planning on including all drivers. Even if the insurance company didn't intend to cause the barriers it's still considered discrimination based on Michaels gender, age and martial status. It's a negative stereotype and biases against Micheal because the individual is being judged based on negative feelings towards the gender. We have all heard statements about young male
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As I mentioned above the focus is on increasing insurance rates on males based on their age, gender, and marital status. Insurance companies like to increase insurance for males for the reasons above. Instead of making it equal access for everyone and starting off with a flat, basic rate that would go up based on speeding tickets and accident claims.
The prohibited ground will protect Micheal, he was discriminated against because of his association with a gender,marital status and age. The code prohibits discrimination because of age in all social areas including employment. It is called ageism its thinking about a person based on negative stereotypes, there is also evidence of martial status in the case the policies and actions are based on the stereotype of marriage. With a young man being married it's assumed that he will be less likely to drive fast or risky.
The exceptions under the OHRC is not relateable, the category does not include any specific defences and exceptions that would allow the behaviour to be otherwise
The Human Rights Tribunal of Ontario (“HRTO”) provides a mediation option for applicants and respondents. Parties maintain their right to proceed to a hearing if no resolution is obtained through mediation before a HRTO mediator. Mediation can be scheduled via the application and response forms or through facilitation by an HRTO adjudicator. Once the parties have agreed to participate in mediation, the tribunal will confirm via notice of mediation. At the HRTO, mediation is more commonly used than adjudication. Thus, counsel should be prepared to resolve cases in this manner. The HRTO offers thirteen regional offices where mediation can occur. In each location the mediation will occur in a private room with options for single “break-out rooms” for each party.
In the Federal court, the application was dismissed, however, the Federal Court of Appeal allowed the appeal on the basis that the educational requirement was discriminatory because of the disproportionate impact on the basis of age and residence (Koshan & Watson Hamilton, 2015). On May 28, 2015, the Supreme Court of Canada’s Justice Abella overturned the Federal Court of Appeal’s decision by applying a two-part test of discrimination to determine whether the code evoked discriminatory distinctions, maintaining arbitrary disadvantages based on group membership (Koshan & Watson Hamilton,
In the Medieval times, there were two warrior classes in Medieval Europe and Japan called samurais and knights. In Europe and Japan, both of their governments were tearing apart. When feudalism came into existence, it resulted into two warrior classes called samurais and knights. In the areas of social position, training and armor, and honor and death, the samurais and knights shared more similarities than differences.
Before Manitoba became a province in 1870, carrying out justice was by the Council of the Hudson’s Bay Company and the Governor. The Governor and the Council of Assiniboia met regularly as the Quarterly General Courts by 1835. In those days, in what was then known as the Red River Settlement, it was separated into four separate judicial districts and a gaol (Court House and jail) was built in Lower Fort Garry. Matters involving debts and minor criminal offenses were heard in a quarterly court headed by an appointed justice of the peace or magistrate in each district. The Quarterly General Court of the Governor and Council heard appeals from magistrates, more serious criminal cases, and cases that involve debts of over two pounds. In 1837, the districts were redrawn and then there were three judicial districts: the Lower, Middle, and Upper. The Quarterly General Court was sometimes referred to as “The Supreme Court”. An act of the General Court was passed in 1864 stating that the proceedings of the Quarterly General Court should be managed by the Laws of England. General Courts heard both criminal and civil cases. Criminal matters
In this case prisoners of Federal prison are complaining that their Charter rights are being violated because they are not given clean syringes to inject their illegally smuggled drugs. In this case the Charter applies and is relevant to section 7 of the Canadian Charter of Rights and Freedoms. This case is relevant to section 7 because it’s related to public health care and the security of a person.
Many court cases within Canada regarding Indigenous people have been discriminatory. The Daniels v. Canada (Indian Affairs and Northern Development) case was legally and culturally inappropriate in many ways due to the lack of care for the evidence put forth by Daniels and obvious discrimination. Thankfully, once the case reached the Supreme Court of Canada, the previous trials and decisions were put to rest and a proper and legally sound decision was made. The Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, [2016] 1 S.C.R. 99 case was filed by Harry Daniels in 1999. Harry Daniels wanted Metis and non-status Indian rights to be mentioned in the new constitution along side status Indians and Inuit. This would mean
You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.
The accused, Erin Lee MacDonald was charged for handling a firearm in a careless manner without taking erasable precautions for the safety of others and for possessing a loaded restricted firearm without having an authorization license stating he could do so. The case was on appeal from the Court of Appeal of Nova Scotia and was heard by the Supreme Court of Canada in 2014. The judgment of McLachlin C.J. and LeBel, Fish and Abella JJ. was delivered by LeBel J.
The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary to render regulations and statutes at both the
In common law, judges interpret the law and judge apply it based on precedent from previous cases; compared to civil law which focuses on written legislature. In Canada, judges are given the chance to be activists. If a judge believes a citizen’s rights, under the Canadian Charter of Rights and Freedoms, are being violated, they are given the power to rule against the unconstitutional law made by the elected branches of government; this concept is referred to as judicial activism (Hausegger, Hennigar, & Riddell, 2015, p. 123). Judicial activism ensures the individual rights of each person are upheld, but the concept is controversial. Judicial activism is problematic because it awards an authoritarian level of power to unelected judges, which goes against Canada’s democratic ideology where elected officials decide and vote on the laws (Cameron, 2009, p. 27). I argue that judicial activism should not be a part of Canada’s judicial process because it gives too much power to the courts and disrupts the democratic process of
In addition to a claim for disability discrimination, Joe could also claim victimisation under the Equality Act 2010 because he was subjected to further less favourable treatment because he made a complaint (by raising his grievance) about disability discrimination, as his Employer threatened that he will face ‘proceedings’ if he does not accept the proposed variation to his terms and conditions of employment.
My favourite stamp would be the Canada’s Bill of Rights because it is relevant to me and it assures me of my good being and safety as a human. The ideas that I’m going to talk about is that first, this stamp is my favourite because it is the government stepping down from his power and postion a little and protecting our rights. This stamp is important to me, as an immigrant can be assured of my rights because of Canada’s Bills of Rights. The last is this stamp shows our Canadian identity because we are seen as a peaceful country and a safe place to be and the Bills of Rights just assure this.
I believe it did because it is required for health insurances to cover all examinations and screenings that fall under the category of “preventative care”. This includes mammograms, pap smears, breast cancer screenings, etc. Given that, it is still part of a males insurance to pay for a share of these costs as well, even though they don’t use them. “….group or individual health insurance coverage shall, at a minimum provide coverage for and shall not impose any cost sharing requirements for” (P 13).
According to research 45.8 percent of young black children live in poverty, and black men are more likely to go to jail. However, when the presence of these facts enter everyday conversation they are often considered racist. One of the greatest challenges we have is to heal the divide of our nation and recognize the discrimination that still exists and grows today. Instead of ignoring the problems and facts, we have to ask tough questions. What is happening in our constitutionally equal society, that the color of your skin, or gender, can determine your life? People are scared of recognizing the evidence that America is still living with an overabundance of inequality because such a realization would be terrifyingly contradictory to the idea
When it comes to medicine, a lot has changed over the last century. Not only has technology pushed both diagnosis and treatment but American lifestyles are also evolving. People have become less dependent on tobacco and focused their attention on living healthier lives through more robust diet and exercise regimens. As a result, life expectancy has been steadily rising for both men and women. Although both sexes are continuing to live longer lives than previous generations, what hasn’t changed is the gap in longevity between them. Women continue to outlive men by 5 years on average in the United States, and have better clinical outcomes when disease does arise.