Title: Chapter four
1Rights, Freedoms Responsibilities
2Canada is top-rated
- Since 1992, the United Nations has ranked Canada
as one of the best countries in the world to live - One reason is because we enjoy rights freedoms
that are guaranteed by law - This was not the case until 1960 with the
Canadian Bill of Rights - They werent protected laws though
- Only with the Canadian Charter of Rights and
Freedoms (part of the Constitution) did we have
rights freedoms protected by law.
3Know your rights exercise them
- Whats the difference between a right and a
freedom? - Do we all get the same rights / freedoms?
- Should there be limits to these rights and
freedoms?
4Whats The difference?
- A right is a legal, moral or social entitlement
that citizens can expect, mainly from the
government - A freedom is the right to conduct ones affairs
without governmental interference(freedom is a
right).
5A right is a little like a promise
- You have a duty or obligation to try and uphold
it. - The Charter is a list of promises the state makes
to its people - There is more security with the promises under
the Charter because they are protected by law. - We are entitled to seek protection from the court
when we feel our chartered rights have not been
protected. - The Court can force the state to uphold its
bargain
6There are limits though
- The Charter provides some legal ways for the
state to break the rules. - Under Section 1 of the Charter, for example, the
state may limit a Charter right if it can show
good cause or reason. - What is good reason? First, it has to be written
in a law and secondly, it must be shown to be
justifiable in a free and democratic society - For example, sometimes in the case of drug
possession, the onus is on the defendant to prove
the drugs were for personal use, not for sale,
BECAUSE the limit allowed that in a just and
democratic country, we oppose drug trafficking.
7Universal Declaration of Human Rights / United
Nations
- This very important document was passed in in
1948 - It gives broader recognition to human rights
- It recognizes the equal and inalienable
(guaranteed entitlements) of ALL member of the
human family - Thought
- Expression
- Conscience
- Religion
- Peaceful assembly
- Association
- EQUAL rights of men and women
- The right to be presumed innocent
- Education rights
- Freedom from torture or inhumane treatment
8Right to write
- http//www.amnesty.ca/writeathon/?page_id30
- http//www.amnesty.ca/writeathon/?page_id3384
- Go to the website, read some of the cases.
- Pick two and write letters for each and submit
them. - I am sending all letters.
9Evolution of rights in CanadaSurprised by any
of these dates?
- 1833 Slavery is abolished
- 1884 Cultural and Religious ceremonies such as
the potlatch outlawed under the Indian Act - 1916 Manitoba gives women right to vote in their
provincial elections - 1918 Women are given right to vote in federal
elections - 1921 Quebec court upholds the right of a theatre
owner to refuse to allow a black patron to sit in
the orchestra seats - 1928 Alberta passes the Sexual Sterilization Act,
ordering the steralization of patients in
psychiatric hospitals
10More
- 1928 Supreme Court of Canada decides that the
word person does not apply to women - 1929 The ruling is challenged to the Privy
Council in England, which rules that women are
persons - 1942 Japanese Canadians are forcibly removed from
their homes and sent to detention camps - 1950 Supreme Court rules that Jehovahs Witnesses
can distribute religious pamphlets - 1956 Female Employees Equal Pay act
- 1960 Status Indians granted the right to vote in
federal elections - 1960 Canadian Bill of Rights
11Canadian Bill of rights
- Recognized
- The rights of individuals to life, liberty,
personal security and enjoyment of property - Freedom of religion, speech, assembly,
association - Freedom of the press
- The right to counsel and the right to a fair
hearing
12Bill had its limitations
- It was federal, so applied to matters only under
federal jurisdiction - The provinces could rule as they like
- It did not take precedence over other statutes
- If there was a conflict, a judge would rule
- It could be amended by a vote in the House of
Commons
13Pierre Eliot Trudeau
- Trudeau as prime minister and did not believe the
Bill of Rights was thorough enough - He had it ENTRENCHED in the constitution
- This would ensure the rights would be protected,
regardless of who was in power - It also meant the rights became constitutional
law, so protected, and could override all other
laws - All laws enacted by provincial or federal
governments HAD to be consistent with the Charter
of Rights and Freedoms (in the constitution)
14The NotWithstanding Clause
- Section 33 of the Charter of Rights and Freedoms
is known as the notwithstanding clause - It gives the government limited power to pass
laws that are exempt from s.2 (the fundamental
freedoms) and ss.7 to 15 (the legal and equity
rights of the Charter) - The exemption can only remain in effect for up to
five years
15Ford v. Attorney General1988
- This was one of the first times the
notwithstanding clause was used (and successful) - The Supreme Court of Canada ruled that Quebecs
Bill 101, which required all public signs to be
in French only, was invalid because it infringed
on s.2(b) (freedom of expression) - The Quebec Government introduced another bill
(C178) invoking the notwithstanding clause to let
the French only law stand.
16The controversy Around the Clause
- Supporters think it puts power where it should
be, in the hands of the elected officials who can
be voted out if they misrepresent what people
want (they can invoke the clause) - Critics say that the rights are too important to
be left to politicians. - They think the courts should protect the rights
and freedoms of Canadians. - What do you think?
- BTW, in 1993, The United Nations ruled that the
French only sign law violated the international
statute of freedom of expression. Bilingual
signs are now allowed, but the French must be
twice as large as the English.
17Sexual Sterilization Act
- Read this case (page 82 from Law in Action) and
answer the questions.
18The Charter Whats the Controversy?
- It gives the courts broad new powers.
- If a court finds any provincial, territorial or
federal law trespasses on rights protected by the
Charter, it can strike down the law or rule - Some Supreme Court rulings have been extremely
controversial.
19R. v. Silveira (1995)
- The court upheld a conviction for cocaine
trafficking, even though the police unfairly
searched the accused and abused his
constitutional rights. The court argued that
because cocaine use has such a devastating effect
on society, an illegal search would not offend
the Canadian public. In the same year, in R. v
Collins, R v. Pelfrey, the Court dismissed murder
charges against two men saying that they had been
unfairly denied their Charter right to a speedy
trial.
20R. v. Oicle (2000)
- The Court ruled as admissible a confession made
by a man who had set several fires. Police had
extracted the confession through threats,
promises and trickery during hours of
interrogation, contrary to the Charter. The
Court decided that the threat the suspect posed
to the public safety justified this kind of
police action.
21On One Side
- Many Canadians believe that the Supreme Court of
Canada has become too powerful and that it is
time to reexamine the role that the justices
hold. - They oppose the idea that nine appointed judges
can overrule the laws made by elected
representatives. - Also, some people think the Supreme Court is
protecting individual rights at the expense of
the needs of society. They say the Charter
threatens the welfare of Canadians because it
guarantees too many individual rights.
22On the other Side
- Many Canadians support the Charter because it
protects their rights and freedoms from
government interference - They think the courts can respond to the changing
social attitudes and beliefs more quickly than
elected governments - Politicians, they say, avoid passing
controversial laws because they want to get
re-elected. - Supreme Court judges, they say, feel obligated to
make such changes.
23Section 2 Fundamental Freedoms
- Freedom of Conscience (personal sense of right
and wrong) and Religion - As a Canadian, you can practice or not practice
religion in Canada, with fear of attack or
criticism - Its lead to lead dispute.
- For example, some people have objected to having
to work on religious holidays. Others have
objected to religious prayer in schools. - The Courts have ruled that governments can impose
limits on freedom of religion, as long as those
limits do not break fundamental beliefs of the
religion.
24Calgary Teen to Appeal Transfusion
- Read this case (page 87) Law in Action and answer
the questions
25Section 2 Freedom of Thought, Belief, Opinion
Expression
- This includes all forms of communication and
expression, including the mass media, writing,
painting, sculpture and film. - Of course, there are limits to this freedom.
- For example, the Criminal Code outlaws inciting
hatred toward identifiable groups, which are
sometimes targeted because of race, color,
religion, and so on. - As well, sometimes, to ensure a fair trial,
sometimes courts will impose a ban on the media. - Governments also use censorship laws, which ban
or limit the availability of materials that are
found to be obscene. (Movies are rated, for
example, to protect the communitys moral
standards).
26Abury v. Editions Vice-Versa Inc
- Read this case, page 51, All About Law.
- Answer the questions
27R.V. Keegstra
- Read this case, page 51, All About Law.
- Answer the questions.
28Section 2 Freedom of peaceful assembly and
freedom of association
- Its usually associated with the right to hold or
attend a public demonstration. - Also includes the right of striking workers to
picket outside their place of work. - The word peaceful is very important to
understand. It allows the state to impose order
if it decided a demonstration is out of control. - The Criminal Code prohibits unlawful assembly.
This occurs when three or more people who share
the same purpose create a disturbance that
creates fear in others. If it becomes violent,
people are hurt, causes damage or looting takes
place, it may be defined as a riot. - They can be read The Riot Act and if they refuse
to leave, they can be arrested and charged.
29The Occupy Movement 2011
- http//halfanhour.blogspot.com/2011/10/occupy-nb-m
oncton.html
30How is the Freedom of Peaceful Assembly used
Today?
- Find an example of a group using a public space
to express their concerns. - Cut out the article.
- Write a summary (who, what, when, where, why)
- Do you think, in this case, the group is within
their rights? Why or why not?
31Lavigne v. Ontario public service employees
Union, 1991
- Read this case, page 89, Law in Action.
- Answer the questions.
32Sections 3, 4 and 5 Democratic Rights
- Before 1982, the right to vote was not guaranteed
in law in Canada - Today, sections 3, 4 and 5 of the Charter
guarantee the democratic rights of Canadians. - Voting rights (section 3) are not unlimited they
can be restricted on such grounds as age,
residency, and citizenship.
33Section 6 Mobility Rights
- You may take it for granted that you can move
freely inside and outside Canada. - Section 6 of the Charter guarantees these rights,
but they are not absolute. - The rights are for Canadian citizens and
permanent residents - Sections 6 (3) and 6 (4) recognize the right of
provinces to impose restriction on mobility. For
example, newcomers may have to reside there for a
time before they can collect welfare provinces
can also restrict the number of newcomers for
economic reasons.
34Should inmates be allowed to Vote?
- Read this case, page 91 in Law in Action, and
answer the questions.
35Section 7-14 Legal Rights
- These legal rights (guaranteed in the Charter)
are discussed in the Criminal Law unit - Life, Liberty and Security of Person.
- Read R. v. Askov page 97 of Law In Action
36Sections 15 28 Equality Rights
- Section 15 is probably the most controversial.
- There were great negotiations about what
equality meant - 15(1) guarantees that every individual has the
right to equal treatment by the law. They are
entitled to be treated in particular, without
discrimination based on race, national or ethnic
origin, color, religion, sex, age or mental or
physical disability.
37In Particular
- In particular means that the list does not
cover every basis of discrimination. You could
also claim discrimination on something that is
unlisted, such as sexual orientation. - Equality rights can be restricted if it is
believed the controls are fair in a free and
democratic society. - For example, you can only vote, get your drivers
license and sign contracts at a certain age.
38Section 15 (2)
- This section allows for affirmative action
programs. - They are meant to improve conditions for
individuals or groups that are disadvantaged
because of race, national or ethnic origin,
color, religion, sex, age or mental or physical
disability. - Its felt that without this subsection, these
programs would be constantly challenged in court
as discriminatory.
39Section 28
- This section was added to the Charter so that the
equality of the sexes would be in the
Constitution. The notwithstanding clause does
not apply to section 28.
40Little sisters Book and Art Emporium
- Read this case (page 54 )in All About Law and
answer the questions. - Read Florists Refusing to provide flowers for
same-sex nupitals
41Section 16-22 Official Languages
- These Charter sections outline the status of
English and French as Canadas two official
languages. - They state that both languages have EQUAL
importance in Parliament in all Canadas
institutions. - Laws must be printed in English and French
- Canadians also have the right to use either
language when dealing with federal government
offices where there is sufficient demand for
bilingual services.
42Mounties NB service must be bilingual
- Read the article and discuss.
- 2. Read Arsenault-Cameron v. Prince Edward
Island and answer the questions (page 55), All
About Law
43Section 23 Minority language education rights
- Some of the most violent events in Canadian
history have resulted from language disputes. - The Charter is very careful to et out rights for
minority language education - These rights apply to Canadas official
languages, and only to Canadian citizens. - Because education is a provincial matter, each
province decides whether to provide education in
a minority language other than French or English. - Its a numbers game a province will provide
education only where there is a sufficient
number of people who want it. Each province sets
the number at which it calculates the expense of
public funding is justified.
44Section 25 Aboriginal Rights Freedoms
- This section states that the Charter rights
cannot interfere with the treaty rights of the
First Nations, Inuit and Metis peoples of Canada
or with any land claims. - The Charter also guarantees the existing rights
of Aborginal peoples. The rights, though, are
not listed because Aboriginal leaders and
Canadian politicians could not agree. - They met again in 1983 but little was decided.
They did agree that Aboriginal and treaty rights
would apply to both genders.
45Section 27 Multicultural Heritage rights
- This section directs governments and courts to
consider Canadas multicultural background and
peoples when making and interpreting laws.