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Chapter four

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RIGHTS, FREEDOMS & RESPONSIBILITIES CHAPTER FOUR SHOULD INMATES BE ALLOWED TO VOTE? Read this case, page 91 in Law in Action, and answer the questions. – PowerPoint PPT presentation

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Title: Chapter four


1
Rights, Freedoms Responsibilities
  • Chapter four

2
Canada 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.

3
Know 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?

4
Whats 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).

5
A 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

6
There 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.

7
Universal 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

8
Right 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.

9
Evolution 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

10
More
  • 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

11
Canadian 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

12
Bill 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

13
Pierre 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)

14
The 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

15
Ford 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.

16
The 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.

17
Sexual Sterilization Act
  • Read this case (page 82 from Law in Action) and
    answer the questions.

18
The 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.

19
R. 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.

20
R. 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.

21
On 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.

22
On 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.

23
Section 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.

24
Calgary Teen to Appeal Transfusion
  • Read this case (page 87) Law in Action and answer
    the questions

25
Section 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).

26
Abury v. Editions Vice-Versa Inc
  • Read this case, page 51, All About Law.
  • Answer the questions

27
R.V. Keegstra
  • Read this case, page 51, All About Law.
  • Answer the questions.

28
Section 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.

29
The Occupy Movement 2011
  • http//halfanhour.blogspot.com/2011/10/occupy-nb-m
    oncton.html

30
How 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?

31
Lavigne v. Ontario public service employees
Union, 1991
  • Read this case, page 89, Law in Action.
  • Answer the questions.

32
Sections 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.

33
Section 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.

34
Should inmates be allowed to Vote?
  • Read this case, page 91 in Law in Action, and
    answer the questions.

35
Section 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

36
Sections 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.

37
In 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.

38
Section 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.

39
Section 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.

40
Little 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

41
Section 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.

42
Mounties 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

43
Section 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.

44
Section 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.

45
Section 27 Multicultural Heritage rights
  • This section directs governments and courts to
    consider Canadas multicultural background and
    peoples when making and interpreting laws.
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