Canadian Charter Of Rights and Freedoms Chapter 4

Freedom of Expression

Right Freedom Inalienable Right

Rights and Freedoms A right is a legal, moral or social entitlement that citizens can expect, mainly from the government. (right to a fair trial) Freedom, although limited, means the right to conduct one’s affairs without government interference. (limited by the need for public safety and the protection of other people’s rights) Inalienable Rights are guaranteed entitlements that cannot be transferred from one person to another, and cannot be taken away without due process of law. (equality, life, liberty, pursuit of happiness) Franchise, the right to vote (especially for women), is an important inalienable right.

Canadian Bill Of Rights Passed in parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, personal security and enjoyment of property. 2. Freedom of religion, speech, assembly and association. 3. Freedom of the press. 4. The right to counsel and the right to a fair hearing. As a Federal statue it only applied to federal matters, as a statute it was the same as any other, leaving it open to interpretation and finally, as a statute it could be amended by the House of Commons.

Canadian Charter of Rights and Freedoms To solve the problems with our bill of rights it had to be entrenched, that is, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution. The Charter became part of our constitution in 1981, which means they override all other laws. The notwithstanding clause, s.33 of the Charter, allows federal and provincial governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must identify the particular law and the sections of the charter that are being overridden.

Fundamental Freedoms Freedom of Conscience and religion Freedom of thought and expression Freedom of peaceful assembly and association

Other Important Rights Democratic Rights Mobility Rights Legal rights which include….. life, liberty and security of the person Unreasonable search and seizure Arbitrary detention or imprisonment Cruel and unusual punishment

Challenges to the Charter As you may know already there have been many challenges to the Charter. Some setting precedent and some not. Your task for today: Choose one of the challenged cases listed below and research it in order to complete the Charter Challenge Analysis Chart. R. v. Dersch (1993) R. v. Ewanchuk R. v. Morrisey R. v. Taylor R. v. Zundel Lovelace v. Ontario R. v. Morgentaler R. v. Marshall U.S v. Burns R. v. Askov R. v. Spinchcombe R. v. Parker Vriend v. Alberta R. v. Sharpe