Canadian Charter of Rights and Freedoms

Right and Freedom Right – legal, moral, or social claim that people are entitled to, primarily from their government. Right – legal, moral, or social claim that people are entitled to, primarily from their government. Freedom is a right however it is sometimes limited to protect society and the rights of others. Freedom is a right however it is sometimes limited to protect society and the rights of others.

Question of Rights What rights should people have? What rights should people have? Should some rights be absolute (without restrictions)? Should some rights be absolute (without restrictions)? Is everyone entitled to the same rights? Is everyone entitled to the same rights? How can people ensure that governments do not restrict their rights and freedoms? How can people ensure that governments do not restrict their rights and freedoms?

Historical Documents British Bill of Rights The first record of Human Rights is the Magna Carta. The first record of Human Rights is the Magna Carta. In 1869, Bill of Rights gave the British parliament supremacy over the Monarchy. In 1869, Bill of Rights gave the British parliament supremacy over the Monarchy. This awarded civil rights such as free elections, reasonable bail and fines, and freedom from cruel or usual punishment. This awarded civil rights such as free elections, reasonable bail and fines, and freedom from cruel or usual punishment.

Declaration of Independence Declaration of the Rights of Man Declared that all people have natural rights. Declared that all people have natural rights. Included the right to equality and liberty. Included the right to equality and liberty.

Universal Declaration of Human Rights Passed in Passed in In addition to other declarations it provides In addition to other declarations it provides Freedom of thought Freedom of thought Freedom of expression Freedom of expression Freedom of religion Freedom of religion Freedom of Peaceful assembly and association. Freedom of Peaceful assembly and association.

U.N Declaration Equal rights for men and women Equal rights for men and women Equality before the Law Equality before the Law Presumed innocent until proven guilty Presumed innocent until proven guilty Right to education Right to education Right from torture and inhuman punishment. Right from torture and inhuman punishment.

Evolution of Rights in Canada Canada once had slavery, limited franchise, practices against non- whites, Immigrants and Asian groups. Canada once had slavery, limited franchise, practices against non- whites, Immigrants and Asian groups Supreme Court decides the word person does not apply to women Supreme Court decides the word person does not apply to women.

Canadian Rights Violations 1833 – Slavery is abolished in Britain 1833 – Slavery is abolished in Britain 1884 – Indian Act limits religious and cultural practices of Native groups – Indian Act limits religious and cultural practices of Native groups – Dominion Elections act excludes minorities from voting 1900 – Dominion Elections act excludes minorities from voting 1928 – Alberta forces sterialization of psychiatric patients 1928 – Alberta forces sterialization of psychiatric patients

Canadian Rights Violations 1942 – Japanese Canadians are forcibly removed from their homes and sent to detention camps – Japanese Canadians are forcibly removed from their homes and sent to detention camps – People of all races may vote except for status Indians 1948 – People of all races may vote except for status Indians

Canadian Bill of Rights Proposed in 1960 under PM Diefenbaker Proposed in 1960 under PM Diefenbaker Rights of individuals to life, liberty, personal security, and enjoyment of property Rights of individuals to life, liberty, personal security, and enjoyment of property Freedom of religion, speech, assembly and association. Freedom of religion, speech, assembly and association. Freedom of the press Freedom of the press The right to counsel and the right to a fair hearing. The right to counsel and the right to a fair hearing.

Limitations to the Bill of Rights Only applied to Federal Matters. Only applied to Federal Matters. Provinces could still do as they wish with laws under their jurisdiction Provinces could still do as they wish with laws under their jurisdiction Had same status as other law Had same status as other law House of Commons could change or create laws which were unconstitutional House of Commons could change or create laws which were unconstitutional

Entrenching Rights and Freedoms Pierre Trudeau had a goal to entrench the Canadian bill of rights into the constitution of Canada. Pierre Trudeau had a goal to entrench the Canadian bill of rights into the constitution of Canada. This would protect the rights against the wills of present governments. This would protect the rights against the wills of present governments. Also made them constitutional law and more powerful than any other type of law. Also made them constitutional law and more powerful than any other type of law. The only way this could be passed was with a Notwithstanding clause The only way this could be passed was with a Notwithstanding clause

Notwithstanding Clause Grants federal and provincial governments the power to pass laws that go against sections 2 and 7-15 of the Charter. Grants federal and provincial governments the power to pass laws that go against sections 2 and 7-15 of the Charter. This exemption can only last five years and then must be reviewed. This exemption can only last five years and then must be reviewed. French Language laws French Language laws Alberta limiting the right to sue. Alberta limiting the right to sue.

Questions Should human rights be limited if the majority of populations support a law? Should human rights be limited if the majority of populations support a law? List five rights you consider to be most important. List five rights you consider to be most important. P82 case study and questions P82 case study and questions