1. Charter of Rights and Freedoms

2. Definitions
Right: a legal, moral or social entitlement that citizens can expect, mainly from the government
Freedom: the right to conduct one’s affairs without government interference
Inalienable rights: rights and freedoms that every person has and that cannot be surrendered
Franchise: the right to vote.
Entrenched: to protect something so that it can only be changed by an amendment to the constitution.

3. Historical Documents Magna Carta 1215 Declaration of Independence 1776
Declaration of the Rights of Man 1789
Bill of Rights 1869
Universal Declaration of Human Rights 1948

4. Rights Denied pg 78-79 Blacks: until 1833.
Chinese: head taxes…early 1900’s
Asians: denied entry: Komagata Maru
Franchise: everyone except white males.1918, 1920
Women: 1929…persons
WWII: Germans, Japanese, Jews

5. Law in the Extreme pg 82 1928 Alberta passes Sterilization Act
Are the “children” responsible for the “sins” of their “parents”

6. Section 1
We “know” we have Rights and Freedoms. But to what extent? Is there a limit to our “Freedom”.
Doesn’t allow my freedom to violate your rights.

7. Section 33…Not Withstanding
Allows Federal and Provincial Governments to pass legislation that limits rights that fall under section 2 and sections 7-15 of the Charter.

8. Jurisdiction Section 32 of Charter
Includes legislative, executive and administrative branches of the government. Including Crown Corporations
Relationship between citizens and government

9. Enforcement
Section 24 gives us the right to challenge the government in court
In order for the violation to make it to the Supreme Court it must meet the following criteria

10. Interveners
Special interest groups that may provide information to the courts to help them make a decision.
Page 84 R. v. Mills, [1999]
Should interveners be allowed to speak in cases.

11. Guarantee
Reasonable Limits (Section 1)
R. v. Oakes, [1986] page 85

12. Oakes Test
The reason for limiting the Charter right must be shown to be important enough to justify overriding a constitutionally protected right
The measure carried out to limit the right must be reasonable and logically connected to the objective for which it was enacted
The right must be limited as little as possible
The more severe the right limitation, the more important the objective must be

13. Freedom of Religion Section 1 Dissemination: spreading ideas widely
Separation of Church and State…Nativities, Sunday Shopping, life or death situations

14. Freedom of Thought and Expression
Section 1
Hate propaganda or obscene materials

15. Freedom of Peaceful Assembly and Association
Freedom of Peaceful Assembly allows persons to gather for peaceful purposes such as demonstrating against a government action or in support of a cause.
Freedom of Association allows people to join groups of their choice such as unions, political parties, etc

16. Con’t
An assembly must be orderly and non-violent and can be dispersed if it disturbs the peace “tumultuously” or causes fear in persons nearby.
Freedom of association is restricted in situations that would undermine discipline and security.

17. Freedom of Association Limited
Young offenders: not to associate with certain individuals
Prison: association and assembly could cause security/safety issues