1. Chapter 3
How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?

2. Focus Questions
How does the Charter protect individual rights and freedoms?
How does the Charter affect law making in Canada?
How does the Charter affect the workplace?

3. Chapter Opener Page 88 “I have my rights! This is a free country!”
Have you ever heard anyone say something like that?
When people talk about rights and freedoms, they’re really talking about governance: the rules that describe what government can do with its power. They’re saying that government power can only go so far — up to the point where it limits the choices you or any individual can make. If government power goes beyond that point, there has to be a reason, based on the values we hold as a society.
In Canada, the rights and freedoms of individuals are stated in the Charter of Rights and Freedoms.

4. “What is the difference between a right and a
freedom? “

5. Glossary Terms
Rights: Refers to the things that we deserve as human beings (e.g. the right to clean water, food, shelter, reasonable access to healthcare)
Legal Rights: Are more specific, and refer to rights secured by law. Which cannot be denied from one situation to the next. In Canada, all citizens have a legal duty to respect the legal rights of others. If citizens feel their rights are being violated, they can turn to the law to ensure their rights are respected.
Example: We have the legal right to free speech under the Charter of Rights and Freedoms.

6. Glossary Terms Add the following terms into your glossary sheets.
Freedoms: A freedom implies that no one will interfere with what you want to do. No one is obligated to ensure that your freedoms are not being violated. The government has the responsibility to ensure that legal rights do not unjustifiably limit your freedoms.
Example: We have the right of free speech, but you do not have the freedom to exercise that right in all instances. You do not have the freedom to yell “bomb” on an airplane or “fire” in a movie theater just for fun to see people’s reaction. This is because this type of speech violates other people rights to safety and security.

7. Glossary Terms Add the following terms into your glossary sheets
Constitution: A special set of laws that establish a framework of governance.
Example: Canada’s constitution is made up of the Charter of Rights and freedom which is granted to all Canadians.
Charter of Rights and Freedoms: Document entrenched in the Constitutional Act, 1982 that lists and describes the fundamental rights and freedoms that is guaranteed to Canadians.
Example: It includes Fundamental freedoms, Democratic Rights, Mobility Rights, Legal Rights, and Equality Rights.

8. Crossing the Line
Read the cartoon “Crossing the Line” on page 93 as a class. Then respond to the following question.
1. “To what extent should individual rights and freedoms be protected in society?”
2. “Which speaker do you agree with most? Why?”
3. “What Charter of Rights clause did this situation violate?”

9. What is the Canadian Charter of Rights and Freedoms?
AKA
The Charter of Rights and Freedoms
The Charter
Is a “Bill of Rights” – a list of the most important freedoms
and rights. The list is made into law.
Canada had a “Bill of Rights” made into law in 1960.
It was a federal statute and was amendable by parliament,
and had no application to provincial law.
#6 “How does the Charter connect to what you learned in Chapter 1?”
#7 According to the quote from
Jean Chretien on page 96,
“Why is it important to enshrine the Charter in the Constitution? Do you agree or disagree with this statement?”

10. What is the Charter of Rights and Freedoms?
With the Charter, Canadians can challenge in court laws that restrict their rights.
The Judicial Branch (supreme court) makes decisions about these challenges – and can strike down laws that restrict rights in unjustified ways.
The Charter says that Canada’s government is justified in restricting rights if the restrictions are necessary to maintain Canada as a free and democratic society.

11. What is the Charter of Rights and Freedoms?
#7 According to the quote from
Jean Chretien on page 96,
“Why is it important to enshrine the Charter in the Constitution? Do you agree or disagree with this statement?”
In 1982, the Charter of Rights and Freedoms was made a part of Canada’s new Constitution so that it can be changed only with great difficulty.
Any proposed change must receive approval of the Senate, the House of Commons, and two thirds of the provinces representing fifty percent of the Canadian population.

12. Individual Rights Under the Charter
Fundamental Freedoms:
Freedom to…
Express your opinions
Choose your own religion
Organize peaceful meetings and demonstrations
Associate with any person or group

13. Individual Rights Under the Charter
Democratic Rights:
The Right to…
Vote for members of the House of Commons and of provincial legislatures.
Vote for a new government at least every five years.

14. Individual Rights Under the Charter
Mobility Rights:
The Right to…
Move anywhere within Canada and to earn a living there.
Enter, stay in, or leave Canada.

15. Individual Rights Under the Charter
Legal Rights:
The Right to…
Be free of imprisonment, search and seizue without reasons backed by law and evidence.
A fair and quick public trial by an impartial court that assumes that you are innocent until proven guilty.

16. Individual Rights Under the Charter
Equality Rights:
The Right to…
Be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.

17. Individual Rights Under the Charter
Official Languages of Canada:
English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions and the Parliament of Canada.

18. Individual Rights Under the Charter
Minority Language Educational Rights:
Citizens of Canada whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside… have the right to have their children receive primary and secondary school instruction in that language in that province. (section 23(1)(a))

19. “What does a free and democratic society mean to you?”
“What’s the relationship between a free and democratic society and respect for individual rights?”

20. Connect to the Big Ideas
Do Question #2 Connect to the
Big Ideas on page 98.
Compete this question in a T-Chart like this one.
To what extent do Canadians take up these responsibilities seriously?
Rights and Freedoms
Responsibilities
Democratic Rights
The responsibility to respect the results of elections.
The responsibility to vote.
Fundamental Freedoms

21. Responsibilities
These extend beyond legal obligations to include the type of behaviour that shows respect for the rights of others
In Canada, these include political, legal, moral and social responsibilities

22. Responsibilities Political Voting Staying informed on important issues
Participating actively in political affairs

23. Responsibilities

24. First Nations and the Indian Act (pg. 100)
What does the Charter reflect about today’s society compared to the past?
First Nations and the Indian Act (pg. 100)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

25. Canadian Women and the Right to Vote (pg. 101)
What does the Charter reflect about today’s society compared to the past?
Canadian Women and the Right to Vote (pg. 101)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

26. The Internment of Ukrainian Canadians(pg. 102)
What does the Charter reflect about today’s society compared to the past?
The Internment of Ukrainian Canadians(pg. 102)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

27. The Internment of Italian Canadians(pg. 102)
What does the Charter reflect about today’s society compared to the past?
The Internment of Italian Canadians(pg. 102)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

28. The Internment of Japanese Canadians(pg. 102)
What does the Charter reflect about today’s society compared to the past?
The Internment of Japanese Canadians(pg. 102)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

29. Canadian Women and the Right to Vote (pg. 101)
What does the Charter reflect about today’s society compared to the past?
Canadian Women and the Right to Vote (pg. 101)
How were this groups rights were violated?
Can this situation happen in Canada today? To What extent is this still going on today?
How does the Charter protects this groups rights today?

30. Japanese Internment Video
Watch the following videos on CBC News in
Review about Japanese Internment. The brief video
clips or radio clips examine how the Canadian
government dealt with the Japanese during WWII
and how the government later compensated
Japanese Canadians for how they were treated.

31. Class Cause and Effect Chart
Indian Act

32. How does the Charter affect law making in Canada?
As a class we are going to read 4 case studies about how a violation of individual rights can lead to a change in Canada’s laws.
Breaking the Communication Barrier (p. 105)
Always Open 24-7 (p. 106)
Restrictions on Flying (p. 107)
Banning Junk Food (p. 109)

33. Post Case Study Reflection Questions
In each case who did the law benefit?
In each case who did the law negatively impact?
How could each case affect your personal quality of life?
Should the law have been changed?
To what extent does the law impact different groups in society?
What Charter issue did each case violate?
What implications does passing the law have for the future?
To what extent did the passing of the law further violate someone’s Charter rights?

34. Analyzing Political Cartoons
Look at the political cartoon on page 108
What do you believe the cartoonist thinks is more powerful:
the Charter of Rights and Freedoms or the Anti-Terrorism
Act?

35. How does the Charter affect the workplace?
Read the case study on page 113.
Make a T chart that lists issues about gender equality in the workplace.
Answer Connect to the Big Ideas questions #1 and 2 on page 114
Issues of Gender Equality in the Workplace

36. Age Discrimination Walk in Assignment # 11
Why do you think the
Charter might vary from
case to case? In your
opinion, does this make
the Charter more
effective or less effective
in protecting individual
rights?
Read the case study about age discrimination in the workplace on page 115