Evolution of Rights and Freedoms in Canada

What thoughts, ideas, words etc What thoughts, ideas, words etc. come to mind upon examining each of the images? Jot down your thoughts… Image #1:

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What is the difference between a right and a privilege?

Rights Vs. Freedoms….. What is a right? A legal, moral or social claim that citizens can expect mainly from their government. Inalienable rights: Guaranteed entitlements that cannot be transferred from one person to another What is a freedom? The right to conduct one’s affairs without government interference.

What are some ways people fight for their rights and freedoms?

Is everyone entitled to the same rights?

How can people ensure that governments do not unreasonably restrict their rights and freedoms?

Evolution of Rights in Canada Since 1867 Confederation: BNA Act outlined no human rights 1920 Fed Elections: Men & Women over 21 could vote. Asians + Aboriginals still no vote. 1929-30 Persons Case: Women viewed as ‘persons’ in the law. 1940 Christie V. York Case: Refused service at bar b/c he was of colour. 1941-45 Japanese Internment b/c of War Measures Act 1948 Voting Rights: Racial restriction on voting removed except for aboriginals (1960) 1960 Canadian Bill of Rights 1962 Ontario Human Rights Code 1970 War Measures Act (October Crisis + FLQ) 1982 Canadian Charter of Rights and Freedoms

Canadian Bill of Rights (1960) Issue of Human Rights + Freedoms became a global focus post WWII (holocaust & UN Declaration of Human Rights 1948) Post WWII era, Canadian provinces enacted several human rights codes, which dealt with: racial discrimination, fair wage accommodation, employment practices, and equal pay for women. First attempt to codify the rights & freedoms across Canada was in 1960: - PM John Diefenbaker enacted a statute by parliament called the Canadian Bill of Rights

The Bill of Rights Recognized: The rights of individuals to life, liberty, personal security and enjoyment of property. Freedom of religion, speech, assembly and association. Freedom of the press The right to counsel and the right to a fair hearing

Limitations of the Bill of Rights: As a federal statute, it only applied to matters under federal jurisdiction. - Failed to meet Diefenbaker’s intention of making Bill applicable to provincial jurisdictional matters. - provinces could legislate as they wished. As a statute, it had same status as other statutes. -Didn’t take precedence over any other statute; judge had to decide which law to enforce in bill of rights violations. As a statute, it could be amended by a majority vote in the H of C - Thus protections offered in bill could be changed or eliminated at any time.

Historical Evolution of Rights….. 1948: UN Declaration of Human Rights Broader recognition of human rights & fundamental freedoms 1776: U.S. Declaration of Independence Ind’ls have natural inalienable rights to equality and liberty 1689: British Bill of Rights Gave Brit parliament supremacy over monarch Extended civil & political rights I.E- elections, fair bail, no cruel punishment 1215: Magna Carta signed by King John in England Established basic ind’l rights (rule of law + habeas corpus) Historical Evolution of Rights…..