The Evolution of Human Rights Law CLN4U

How did we get here? Canadians often take for granted the rights we possess, especially since their entrenchment in the Charter Canadians often take for granted the rights we possess, especially since their entrenchment in the Charter However, our current rights are the result of the hard work of many people over time However, our current rights are the result of the hard work of many people over time The concept of Human Rights is essentially a post-WWII construct, but has its roots in earlier ideas The concept of Human Rights is essentially a post-WWII construct, but has its roots in earlier ideas

Natural Rights Enlightenment-era concept Enlightenment-era concept Extension of Natural Law Extension of Natural Law Universal rights, not contingent upon the laws, customs, or beliefs of any particular culture or government Universal rights, not contingent upon the laws, customs, or beliefs of any particular culture or government Prominent thinkers: Locke, Rousseau Prominent thinkers: Locke, Rousseau

Natural Rights Concepts featured prominently in American and French revolutions Concepts featured prominently in American and French revolutions American Declaration of Independence and French Declaration of the Rights of Man and of the Citizen are essentially Human Rights documents American Declaration of Independence and French Declaration of the Rights of Man and of the Citizen are essentially Human Rights documents “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” United States Declaration of Independence, 1776 United States Declaration of Independence, 1776

Natural Rights Also infused early feminist movements (Mary Wollstonecraft) and later suffrage movements Also infused early feminist movements (Mary Wollstonecraft) and later suffrage movements Integral to the abolition of slavery Integral to the abolition of slavery

International Human Rights The global Human Rights movement was a reaction to the horrors and injustices perpetrated during WWII The global Human Rights movement was a reaction to the horrors and injustices perpetrated during WWII The Universal Declaration of Human Rights was developed in 1948 as an international agreement binding its signatories to respect certain rights The Universal Declaration of Human Rights was developed in 1948 as an international agreement binding its signatories to respect certain rights

Rights in Common Law Originally, the rights held by Canadians were simply those that had been granted to people through the common law process. Originally, the rights held by Canadians were simply those that had been granted to people through the common law process. We had rights as long as there was not law that forbade something We had rights as long as there was not law that forbade something Rule of law very important Rule of law very important Government infringement on our rights had to follow two principles, as seen in Roncarelli v. Duplessis [1959] S.C.R. 121 Government infringement on our rights had to follow two principles, as seen in Roncarelli v. Duplessis [1959] S.C.R. 121 Validity: government action must be justified by law Validity: government action must be justified by law Redress: those whose rights have been violated can sue Redress: those whose rights have been violated can sue

The Canadian Bill of Rights The Canadian Bill of Rights was passed by the Diefenbaker government in This bill was in response to many events: The Canadian Bill of Rights was passed by the Diefenbaker government in This bill was in response to many events: Canada's treatment of minorities during WWII Canada's treatment of minorities during WWII Jews Jews Natives Natives Japanese Japanese Canadians of African descent Canadians of African descent Canada signing on to the Universal Declaration of Human Rights Canada signing on to the Universal Declaration of Human Rights General changes to the way many Canadians viewed the world and how people should be treated. General changes to the way many Canadians viewed the world and how people should be treated.

The Canadian Bill of Rights However, the Bill of Rights had some serious flaws: However, the Bill of Rights had some serious flaws: As it was a piece of legislation, it could be amended or revoked at the whim of any government As it was a piece of legislation, it could be amended or revoked at the whim of any government It did not apply to provincial or territorial governments It did not apply to provincial or territorial governments It was narrowly interpreted by the courts in terms of what a particular right meant It was narrowly interpreted by the courts in terms of what a particular right meant Attorney General of Canada v. Lavell, [1974] Attorney General of Canada v. Lavell, [1974] Indian Act was being challenged on basis it treated men and women differently Indian Act was being challenged on basis it treated men and women differently Court interpreted "equality" to mean that all Indian women were to be treated as all other Indian women -- not that they were to be treated the same as Indian men. Court interpreted "equality" to mean that all Indian women were to be treated as all other Indian women -- not that they were to be treated the same as Indian men.

The Canadian Charter of Rights and Freedoms The Charter was created as part of the process of patriating the Constitution. The Charter was created as part of the process of patriating the Constitution. Had long been a goal of Trudeau Had long been a goal of Trudeau General public began to support idea in greater numbers General public began to support idea in greater numbers By entrenching these rights, many flaws of the Bill of Rights were solved By entrenching these rights, many flaws of the Bill of Rights were solved As a part of the constitution, the Charter takes precedence over all other legislation As a part of the constitution, the Charter takes precedence over all other legislation Inconsistent legislation will be declared invalid by the court system Inconsistent legislation will be declared invalid by the court system The Charter may not be modified at the whim of the government - it must go through the constitutional amendment process The Charter may not be modified at the whim of the government - it must go through the constitutional amendment process

The Canadian Charter of Rights and Freedoms However, the Charter is not without controversy: However, the Charter is not without controversy: There are many Canadians who feel that the Charter grants the court system, especially the Supreme Court, too much power There are many Canadians who feel that the Charter grants the court system, especially the Supreme Court, too much power There are many who feel that the Charter rights are applied too broadly There are many who feel that the Charter rights are applied too broadly