Various International Branches Human Rights Canadian Charter of Rights and Freedoms Rights Freedoms Public Law (Criminal Code) United Nations United Nations
Important Human Rights Documents Created and adopted by the United Nations as an attempt to guarantee all people certain rights and freedoms. Signed by many nations, in theory includes everyone on earth. A vision of what we could be and a standard of what countries should follow. Universal Declaration of Human Rights (1948)
Important Human Rights Documents Created after WWII since people believed legal rights needed to be written down. Rights were made into laws/federal legislation. Legislation set out the rights and freedoms that were already provided by common law. Canadian Bill of Rights (1960)
Important Human Rights Documents A part of the Constitution Act of 1982 Lists the civil rights and freedoms of all Canadians and guarantees them at all levels of gov’t (Fed., Prov., Mun.) Considered to be constitutional law, which requires 2/3 of provinces (with 50%+ of pop.) in order to make amendments/changes. If rights are violated people can make a court appeal. Canadian Charter of Rights and Freedoms (1982)
What does this mean? Section 1 of the Charter says that Charter rights can be limited by other laws so long as those limits can be shown to be reasonable in a free and democratic society. Section 1 of the Charter says that Charter rights can be limited by other laws so long as those limits can be shown to be reasonable in a free and democratic society. The Supreme Court of Canada has stated that a limit on Charter rights is acceptable if: the limit deals with a pressing and substantial social problem, and the government's response to the problem is reasonable and demonstrably justified the limit deals with a pressing and substantial social problem, and the government's response to the problem is reasonable and demonstrably justified
SECTION 2 : FUNDAMENTAL FREEDOMS Freedom of conscience and religion Freedom of conscience and religion Freedom of thought, belief, opinion and expression Freedom of thought, belief, opinion and expression Freedom of peaceful assembly Freedom of peaceful assembly Freedom of association Freedom of association Four categories of “Fundamental Rights”:
SECTION 2: FUNDAMENTAL FREEDOMS -Means that people are free to practice or not practice religion in Canada, without fear of reprisal or attack. Freedom of conscience and religion:
SECTION 2: FUNDAMENTAL FREEDOMS -Includes all forms of communication and expression including mass media. -There are limits: The Criminal Code outlaws certain acts of “expression” Freedom of thought, belief, opinion and expression:
SECTION 2: FUNDAMENTAL FREEDOMS -Often associated with the right to hold or attend a public demonstration. -It also includes the right of striking workers to picket outside of their place of work. Freedom of peaceful assembly and association:
SECTION 2: FUNDAMENTAL FREEDOMS All About Law -Use Pgs and Appendix A on Pg. 600 in All About Law to complete the following: limits” (as you understand them) 1.Explain the “limits” (as you understand them) for each fundamental right and provide an example of how the right is controversial. Q on Pg Complete Aubry v Editions Vice-Versa Inc. Q on Pg. 51 Q. 1-5 on Pg Complete R v Keegstra Q. 1-5 on Pg. 52 For each Fundamental Freedom: