1. Canadian Charter of Rights and Freedoms 9.1.6: Individual Rights 9.1.7: Collective Rights 1

2. Recognition of Individual Rights in Canada The Charter of Rights and Freedoms is part of Canada’s constitution. The constitution is the highest law in Canada. It outlines rules for how Canada can be governed  1867: British North America Act (the creation of Canada – granted independence by Britain.) Included some basic rights such as:  Bilingualism  Democracy  Multiculturalism  Before 1982, the rights of Canadians were protected by other Provincial and Federal laws, but there were instances where the rights were missing or ignored. 2

3. Indian Act  First Nations and the Indian Act (p. 100) – The Indian Act of 1876 violated the traditional rights of First Nations people. The act prevented them from taking political action.  Based on European ethnocentrism  Aimed to assimilate the First Nations  Government permission to wear traditional outfits & move off reserves  Banned traditional ceremonies  Not allowed to vote if status was “Indian”  Dictated the process to hold a “band election”  https://www.youtube.com/watch?v=uaubXDSgAxgwww.youtube.com/watch?v=uaubXDSgAxg 3

4. Suffrage Movement  Canadian Women and the Right to Vote (p. 101) – For 50 years, the Canada Elections Act violated the rights of Women in Canada.  Women’s Suffrage movement began in 1876 o Dr. Emily Howard Stowe & “Toronto Women’s Literacy Club”  1918 – Canadian Elections Act allowed women to vote & run as candidates for federal elections 4

5.  The War Measures Act was a federal statute adopted by Parliament in 1914, after the outbreak of the First World War. It gave broad powers to the Canadian government to maintain security and order during war or insurrection. 5 War Measures Act

6.  The Internment of Ukrainian Canadians – The rights of Ukrainian Canadians were suspended during WWI.  1914 - War Measures Act  8,000 people of Ukrainian & Germans arrested & sent to camps  Worked as labourers but received no wages  2005 – Government introduces the Internment of Persons of Ukrainian Origin Recognition Act  The Internment of Italian Canadians – The rights of Italian Canadians were suspended starting on June 10 1940.  700 people arrested  1990 – PM Brian Mulroney apologized to the Italian community 6

7.  The Internment of Japanese Canadians – The rights of Japanese Canadians were suspended during WWII.  1942 – 20,000 people forcibly moved into remote camps  1943 – government sold of Japanese homes, businesses & possessions  1988, the government formally apologized for their actions. 7 War Measures Act

8. Recognition of Individual Rights in Canada  1982: Constitution was re-opened by the Liberal government under the leadership of Pierre Trudeau. Trudeau included a document titled The Canadian Charter of Rights and Freedoms in with the Constitution Act of 1982.  To change the Constitution using the general formula, the change needs to be approved by 1) the House of Commons, 2) the Senate, and 3) a minimum number of provincial legislatures. There must be at least seven provinces that approve the change, representing at least 50% of Canada’s population. This is often called the 7 + 50 rule.  The Charter was designed to provide a standard of individual rights across the country. Using the charter, Canadians can challenge laws that they feel restrict their rights. 8

9. Individual Rights and Freedoms 1. Democratic Rights:  Right to vote.  Right to run for government  Right to belong to a political party  Right to create a political party 2. Fundamental Rights: “God given rights”  Freedom to express opinions  Freedom to choose one’s own religion  Freedom to organize peaceful gatherings  Freedom to associate with any person or group.  Freedom to exercise your beliefs 9

10. Individual Rights and Freedoms 3. Mobility Rights:  Freedom of movement  Right to emigrate (leave), stay in, or immigrate (enter). 4. Legal Rights:  Right to protection (free to imprisonment, search or seizure without reason)  Right to due processes within the legal system (free & quick public trial by impartial courts, innocent until proven guilty) 5. Equality Rights:  Right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.  Freedom to belong 10

11. Individual Rights and Freedoms  These rights apply to everyone in Canada, including tourists (excl. democratic & mobility)  In the Charter it states that all these rights are subject to limitations. (REASONABLE LIMITS)  Basically, this means that your rights end when they infringe upon someone else’s rights. 11

12. How does the Canadian Charter of Rights and Freedoms support individuals in exercising their rights? 12 The Charter of rights protects individuals as well as groups. Canadian citizens, permanent residents or persons legally present in Canada can file a complaint under the Canadian Human Rights Act. Complaints may be addressed by either the Provincial or Federal jurisdictions.

13. The Charter at work:  “Always Open”: Until 1985, The Lord’s Day Act made it illegal for businesses to open on Sundays. This Act was challenged and found to violate Canadian’s fundamental right to Freedom of conscience and religion.  Breaking the Communication Barrier - Due to charter challenges by deaf individuals, hospitals are now required to provide interpretive services to all clients in their language of communication. 13

14. In what ways has the Canadian Charter of Rights and Freedoms affected conditions in the workplace (i.e., issues of gender, age, race, religion)?  There have been many issues in the work place relating to the violation of human rights. Challenges to work place practices have centered around gender, age, race, religion, dress, family status etc. 14

15. Issues of Gender  Issues of gender include: Equal pay for equal work, limiting certain jobs to individuals of certain genders. Job availability and sexual harassment are also issues in the workplace.  A group of women and labour unions in Ontario challenged the Charter when the Ontario government failed to provide “pay equity”. This group won the court challenge and the government was forced to pay millions in back wages. 15

16. Issues of Age  Legislation exists to protect youth and seniors from being exploited. Forced retirement has also been challenged in the charter and is an issue that faces seniors. 16 Issues of Race  Discrimination often occurs in areas of hiring or promotion of employees. Individuals are protected by the Charter to ensure that employment decisions are not based on race.

17. Issues of Religion  Individuals are protected by the Charter to ensure that their rights to freely choose and practice their religion are not violated in the workplace. This could include hiring practices, uniforms, holidays etc.  Some famous charter cases include: 1990- Supreme Court decision that Sikh police officers are allowed to wear turbans on the job.  Catholic Schools are allowed to discriminate in hiring only Catholic teachers. (This is an example of a reasonable limit as defined by the Courts. Catholic Education is protected in the Constitution and the Charter protects this area of the Constitution.) 17

18. What is the relationship between Charter Rights and the responsibilities of Canadian citizens? 18 Rights can be a source of power to individuals in Canada. According to Spiderman’s uncle, “with great power comes great responsibility.” This situation is obvious in the Canadian system. According to the Canadian government, citizens are responsible for following and obeying laws, voting in elections, expressing their opinions freely, caring for and protecting Canada’s heritage and environment, eliminating discrimination and injustice, and helping others in the community. In order for a free and democratic society to function, these responsibilities must be embraced with the same zeal that citizens exercise their rights. These rights cannot be afforded to citizens without the corresponding responsibilities. Our rights and responsibilities are two sides of the same coin. They exist in duality or they do not exist at all.