1. History of Rights and Freedoms in Canada
What are our rights?
What are the barriers/limitations to our rights?

2. Types of rights & freedoms
Civil Rights:
Limit the power of the government over its’ citizens
Human Rights:
Protect people from being discriminated against by other people

3. Remember from unit 1
The idea that everyone is equal under the law is quite new(ish)
The earliest legal codes had cruel laws and punishments
The Magna Carta (1215) was historic because it introduced the RULE OF LAW
But still only nobles and wealthy land owners could vote, etc and ordinary peoples’ rights were limited
In the late 1600’s philosophers began to think about the idea of NATURAL RIGHTS (i.e. The Declaration of Man and Citizen)

4. the americans did something right...
1775-American Revolution begins
“no taxation without representation!”
Created a Constitution (1788) but it did not have a Bill of Rights
“We hold these truths to be self evident...that all men are created equal”
1791-ten amendments to the Constitution; became foundation for Bill of Rights today
Inspired the world

5. Development of human rights
French Revolution—inspired by the Americans; produced The Declaration of Rights of Man and of the Citizen guaranteeing all French citizens basic rights
World War II—United Nations formed (1945); adopted Universal Declaration of Human Rights; first time nations around the world signed a formal agreement on specific rights and freedoms for all humans
Olympe de Gouges

6. British North America Act (1867) [BNA Act]
Became a country called The Dominion of Canada
Passed into law by the British Parliament
Canada not fully independent—Britain in charge of foreign affairs
Judicial Committee of the Privy Council (JCPC) was Canada’s highest court
Could only be changed or amended by British parliament
1931 Canada gets its own foreign affairs and the Supreme Court of Canada (SCC)
Lists federal (sec 91), provincial (sec 92), and territorial powers—provinces got education and health care! (sec 93)

7. The bill of rights (1960)
Remember from Unit 1 most of Canada has a common law system which is based on unwritten customs, conventions, and court decisions
After horrors of WWII Canadians though rights needed to be written down
The Bill of Rights (PM Diefenbaker) legislated civil rights and freedoms Canadians already had
Remember that it was only a law so it could be changed at any time

8. The debate: should Canada truly become independent?
YES
Britain wanted it
We would be fully independent! NO
Provincial governments suspicious of each other
Provinces didn’t want to lose powers
Could not agree on a formula to amend (change) the constitution

9. The Constitution Act (1982) [aka The Canada Act]
PM Pierre Trudeau wanted stronger guarantees on rights; “just society”
1981—amending formula—requires consent of Canadian parliament AND 2/3rds of provinces with 50% of the population AND to approve any change
BNA Act was renamed Constitution Act, and is still the main part of the constitution
Constitution Act, 1982 added the amending formula and the new Canadian Charter of Rights and Freedoms (civil rights)
Rights are entrenched (i.e. Sec 24—right to court)
Never signed/approved by Quebec

11. Application of the Charter
1. Decision-Maker is Part of Government  Member of Legislature, Executive, or Administration than Charter will apply to the decisions they make:
   (i) Applies to Legislation
    (ii) People who enforce/apply the law
(i.e. – employees of Government and Policemen)
                                                             
2.  Applies to Exercising Governmental Functions
(i.e. covers Municipalities)
3.  Implementing Government Policy
(i.e. – even private company implementing Govt policy)

12. Main Sections of the Charter
Section 1: Section 2: Section 3-5: Section 6:
Reasonable Limits Clause Fundamental Freedoms (conscience and religion; thought/expression; peaceful assembly; association) Democratic Rights Mobility Rights

13. Main Sections of the Charter
Sections 7-14: Section 15: Sections 16-22: Section 23:
Legal Rights Equality Rights Official Languages of Canada Minority Language Education Rights

14. Main Sections of the Charter
Section 24: Sections 25-31: Sections 32-33:
Enforcement General (including Aboriginal Rights and Multicultural Heritage) Application of Charter Sec 33=Notwithstanding Clause— power of provinces to override Sec 2 AND 7-15; 5 year max

15. Fundamental Freedoms Freedom of Religion - s. 2(a)
Freedom of Expression – s. 2(b)
Freedom of Peaceful Assembly – s. 2(c)
Freedom of Association – s. 2(d)