Canadian Charter of Rights and Freedoms Chapter 11 and 12, pgs. 270-313 from Counterpoints

Describe major provisions of the Canadian constitution, including the Canadian Charter of Rights and Freedoms, and assess its impact on Canadian society Will learn about: Precursors to the Constitution (BNA Act, Bill of Rights) notwithstanding clause, amending formula Charter rights and fundamental freedoms (equality, mobility, legal rights, language rights, education) Examples of the impact of the charter on society Today’s Objectives

The Constitution What is the Constitution of Canada? The supreme law in Canada A collection of traditions, conventions, and acts Outlines the Canadian system of government Outlines the civil rights of all Canadian citizens, and those in Canada The current Constitution was defined in the Constitution Act of 1982 The original Canadian Constitution was the British North America Act (BNA Act) of 1867 when Canada became an independent nation The Constitution

Difference between the two? BNA Act (1867): An Act of British parliament Created the Dominion of Canada out of three provinces (Nova Scotia, New Brunswick, Province of Canada) Allowed for more colonies to join in the future Outlined Canada’s system of government (British Parliamentary System combined with federalism) Stills stand as the primary guideline that divides power between the provincial and federal governments Difference between the two?

Difference between the two? Constitution Act (1982): Endorsed by all provinces except Quebec Act that achieved full and final political independence from Britain Established the “amending formula” for changing the Constitution prior: disputes between provincial and federal governments, needed British approval for changes Created the Canadian Charter of Rights and Freedoms Outlines civil rights and liberties of Canadians such as freedom of expression, religion, and mobility Difference between the two?

Homework Read about Human Rights in Chapter 12, pages 292-307 Answer the question in a short paragraph due for Thursday: “What are human rights?” Describe one aspect of Human Rights that is the most important to you, and explain why. Homework

Charter Rights and Fundamental Freedoms The fundamental rights and freedoms of the charter include: Fundamental Freedoms (conscience, religion, thought, belief, expression, peaceful assembly, and association) Freedom of Equality Freedom of Mobility (handicapped) Language rights Legal rights Education rights Charter Rights and Fundamental Freedoms

The Notwithstanding Clause Section 33 of the Charter gives federal gov’t an escape clause called the notwithstanding clause (nws clause) Allows gov’t to pass a law even if it violates a specific freedom or right guaranteed in the Charter Expires after 5 years, but may be renewed Why do we have this clause? The Notwithstanding Clause

Reasons for the notwithstanding clause Was a compromise: Some politicians felt the Charter (interpreted by judges) would weaken the power of elected lawmakers Clause gave back some power to them Some people think the clause weakens the Charter Government could override the Charter whenever it wanted To date, only been used twice Reasons for the notwithstanding clause

Examples of use of NWS clause Saskatchewan: Used the nws clause to protect a law that ordered striking workers back to work Courts ruled the back-to-work law didn’t violate the Charter anyway, so nws clause was not necessary Quebec: 1976, Parti Quebecois passed Bill 101, the “Charter of the French Language” Made French only official language in Quebec Supreme court ruled that the Bill was unconstitutional, so Quebec used the nws clause to override the courts decision and kept the bill Examples of use of NWS clause

The amending formula is the process by which the Canadian Constitution can be changed legally The amending formula is as follows: For a change to be made to the Constitution, at least 7 of the 10 provinces representing 50% of Canada’s population must agree to the change *This meant that as long as Ontario agreed to a change, Quebec could be excluded *Because of this, Quebec has refused to sign the Constitution (remember the “Kitchen Compromise”?...pg. 200 in text) The Amending Formula

Answer the scenarios in question #2, page 304 of your textbook Write a paragraph about your opinion on the notwithstanding clause Is it necessary? Describe a situation when the nws clause might be useful Describe a situation where the nws clause might be used for a negative purpose Assignment

The Charter and its Impact on Society

give examples of the impact of the Charter on Canadian society Today’s Objectives

How has the Charter effected society? Since 1982, Canadians have had the right to challenge in court any law they believe violates their rights outlined in the Charter The Charter offers Canadians a chance to stand up for their rights, even against powerful governments How has the Charter effected society?

The Charter includes fundamental freedoms such as freedom of: Conscience, religion, thought, belief, expression, peaceful assembly, and association Before the Charter, the federal government could restrict or deny these freedoms Example: 1907 Lord’s day act restricted shopping on Sundays (violated freedom of religion) Example: 1970 during October crisis, government induced the War Measures Act (restricted freedom of assembly, association, and expression Fundamental Freedoms

The Charter guarantees equality “before and under the law” “before the law” means every individual must have access to the courts If somebody cannot afford a lawyer, one is provided to them “under the law” means all laws passed by government must treat every individual equally Laws cannot discriminate against individuals based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability Equality Rights

Case study 1 (page 300) John and Linda Warren: Deaf parents who had twin daughters During child birth the babies had some complications, but nobody at the hospital could properly communicate to the Warrens what was happening The Warrens were very worried The federal government ruled that the failure to provide sign language interpreters denied deaf people equal benefits Now, all public institutions must have interpreters available Case study 1 (page 300)

Federal and Provincial Legislation Federal and provincial governments deal with different areas of human rights Federal: media, airlines, banks, postal system, businesses Provincial: employment, tenancy, institutions Federal and Provincial Legislation

BC Human rights code protects you against discrimination on grounds of: Age (19 to 65), ancestry, colour, family/marital status, physical/mental disabilities, place of origin, political belief, race, religion, sex, or sexual orientation Code includes employment, tenancy, property purchase, accommodation, services and facilities available to the public, and hate propaganda BC Human Rights Code

Cannot be refused work or promotion based in age or any other grounds listed in the code, such as: Cannot refuse to hire a person with a criminal record if the crime is unrelated to the job Requires equal pay for work that is similar Employment

Tenancy Tenant: a person who rents their home A landlord cannot refuse to rent to you based on your source of income Tenancy

Accommodation, services, use of facilities You cannot be denied accommodation, service, or use of a public facility, with two exceptions: Public washrooms and change rooms can be designated male or female only Insurance companies can take into account your sex, and physical/mental health when calculating insurance costs Accommodation, services, use of facilities

People are protected against hate propaganda, meaning, a person cannot display any notice, sign, symbol, emblem, or other representation that exposes a person to hatred or contempt If a person complains, the BC Human Rights Commission can take the violator to court if the complaint is justified Hate propaganda

Rights provided to most Canadians were until recently not provided to Aboriginals Aboriginal rights are now equal to all Canadians, but many Aboriginal groups still suffer from poverty, poor health, and inadequate housing and education The Charter allows for the elimination of injustices that existed for Aboriginals before the Charter was created Aboriginal Rights

Case Study 2 (page 305) Lavell versus Regina Let’s read this case about Aboriginal Rights on page 305 of the text Case Study 2 (page 305)

Gender Equality in the Workplace Section 15 of the Charter provides guarantees against discrimination based on sex, but problems still exist Women often underrepresented in many professions Women often paid less than men for similar work (see Figure 12-13) Womens wages are rising, but still lower than men Women account for 70% of part-time jobs in Canada, which provide fewer benefits Gender Equality in the Workplace

Preferential Hiring Policies Many employers are now making an effort to hire more employees from minority groups, who have disabilities, or who are female This can lead to situations such as the one found in this newspaper headline: “Universities hiring, but white males need not apply” Is this fair? Many argue this is “reverse discrimination” Preferential Hiring Policies

1995, Tawny Meiorin lost her job as a forest firefighter because she took 49.4 seconds too long to finish a 2.5 km run Lets read the case on page 308 Do you agree with the decision? Why or why not? Case Study 3 (page 308)

Childrens rights are based on 4 guiding principles: (Figure 12-16) 1) Non-discrimination 2) Best Interests of the Child 3) Survival and Development 4) Participation Key points of Childrens rights include: Have same fundamental freedoms as adults Should not be separated from their parents unless it is in the childs best interest Have the right to high standards of health The right to education, which should be provided for free (primary education) Childrens Rights

Assignment Create a poster that represents the idea of equality You should include several aspects of equality including equal rights based on: Race, sex, age, religion, colour, etc. Due date: Next Tuesday at the start of class Assignment