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Is Canada a Free Country?
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Should Canada be a Free Country?
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Should there be limits on peoples’ rights?
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Canadian Charter Of Rights and Freedoms
Chapter 3
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Introduction to the Canadian Charter of Rights and Freedoms:
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“How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?”
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between a right and a freedom?
The terms rights and freedoms are often used interchangeably but they mean slightly different things. What is the difference between a right and a freedom?
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Rights and Freedoms A right is a legal, moral or social entitlement that citizens can expect, mainly from the government (e.g. right to a fair trial, remain silent, education, health care, etc.). Freedom, although limited, means the ability to conduct one’s affairs without government interference (limited by the need for public safety and the protection of other people’s rights).
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Inalienable Rights are guaranteed entitlements that cannot be transferred from one person to another and cannot be taken away without due process of law (equality, liberty). Franchise; the right to vote (women, minorities) is an important inalienable right
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In Canada, all citizens have a legal duty to respect the legal rights of others If citizens feel their legal rights are being violated, they can turn to the law to ensure their rights are respected.
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History of the Canadian Charter of Rights and Freedoms
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British North America Act
Passed Britain in 1867 Set out the structure and responsibilities of governments in Canada Did not address rights and freedoms of citizens
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Canadian Bill Of Rights
Passed in Parliament in 1960, it recognized: 1. The rights of individuals to life, liberty, personal security and enjoyment of property. 2. Freedom of religion, speech, assembly and association. 3. Freedom of the press. 4. The right to counsel and the right to a fair hearing.
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Bill of Rights (Con’t) The Bill could be changed like any other law, and it did not affect provincial laws To solve the problems with our Bill of Rights it had to be entrenched, that is, embedded into a Constitution.
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Queen Elizabeth and then-prime minister Pierre Trudeau signed the Constitution Act on April 17, Trudeau saw the Charter as a source of Canadian unity.
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Fundamental Freedoms Freedom of conscience and religion
Freedom of thought and expression Freedom of peaceful assembly and association
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Other Important Rights
Democratic Rights Mobility Rights Legal rights which address….. Life, liberty and security of the person Unreasonable search and seizure Arbitrary detention or imprisonment Cruel and unusual punishment
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Significance of the Charter
It is the highest law in the land. All provincial and federal laws in Canada must abide with the Charter The Charter cannot be changed easily
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