1. Deeper Look Into The Constitution, CCRF & OHRC
RIGHTS & FREEDOMS
Deeper Look Into The Constitution, CCRF & OHRC

2. MAJOR STEPS IN HUMAN RIGHTS
BRITAIN
Magna Carta
- 1st Step towards individual rights in England
Bill of Rights
- Gave Parliament supremacy over Monarchy

3. WHAT WE INHERITED FROM BRITAIN
British North America Act (BNA Act)
Canada would have a Constitution similar to that of the U.K.
Canada would use the principle of ‘legislative supremacy’

4. WHAT WE INHERITED FROM BRITAIN
BNA ACT
Outlines jurisdictional powers…who does what??
Do you think this division of power is in the best interest of Canadians?
LEGISLATIVE SUPREMACY
The legislative branch of government is the highest legal and political body of the land
Why is this important??

5. OTHER MAJOR STEPS IN HUMAN RIGHTS
UNITED STATES
1776 – Declaration of Independence
1789 – Declaration of the Rights of Man
- Both declared that all people have inalienable rights to equality and liberty

6. MAJOR STEPS IN HUMAN RIGHTS
UNITED NATIONS
1948 – Universal Declaration of Human Rights (UDHR)
- Freedom of thought, expression, religion, peaceful assembly, association.
- Equality before the law, education rights, legal rights
FOR EVERYONE…
EVERYWHERE

7. EVOLUTION OF RIGHTS IN CANADA
After the UDHR there were minor code’s enacted across Canada…major protection was provided more from case law.
1st MAJOR attempt to codify rights and freedoms across Canada was brought about by P.M. John Diefenbaker in and was called The Canadian Bill of Rights.
- Right to life, liberty, security of person & enjoyment of property
- Freedom of religion, speech, assembly, association, the press

9. CANADIAN BILL OF RIGHTS (1960)
PROBLEMS
1) Only a Federal Statute – only applied to federal matters. Intended for provinces but technically didn’t have the power. Also, it could be amended by a majority vote!! Courts were nervous to interfere w/ legislative supremacy
2) No TRUE Power – as it was only a statute it had the same force as all other statutes…it didn’t take precedence over any other statutes.
IN COMES TRUDEAU….

10. CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Pierre Trudeau’s goals were to
1) Entrench the Canadian Charter of Rights and Freedoms
- This means they would be protected from any government in power. Also, it would become Constitutional Law – meaning it can override all other laws. Any law enacted by federal OR provincial governments must be within the terms set out in the Constitution.
2) Patriate the Constitution from the U.K.
- Early on, Quebec hated this…why??

11. ODDS & ENDS OF THE CHARTER
This power shift scared politicians and in the end a few adjustments were made to ensure the Charter would fly
JURISDICTION: only applies to issues related to the federal or provincial governments. If the situation does not include those governments, it is a Human Rights Code violation…not the Charter.
SECTION 1 – REASONABLE LIMITS CLAUSE: Rights and Freedoms are not absolute, they are subject to “reasonable limits.” Who decides?? How do they decide??

12. ODDS & ENDS OF THE CHARTER
SECTION 33 – THE NOTWITHSTANDING CLAUSE: Earlier it stated politicians were worried about the power of the Charter (as it was now the judiciary branch that help MAJOR power). The governments had to make sure they could override a freedom or right if necessary.
Can you think of a situation when that might be NECESSARY??
S.33 gives governments the power to override freedoms and rights. To avoid abuse, these laws must be review every 5 years.

13. CHARTER NOW LAW!!! April 17, 1982 was a BIG day for Canada!!!!
W/ provinces’ consent (minus Quebec), we requested the U.K. to patriate the Canadian Constitution
Eventually decided Quebec’s consent wasn’t mandatory and that the Charter applied to them
Queen signed the Canada Act, which had 2 major implications
Constitution Act (The Charter) was entrenched
Changed British North America Act to the Constitution Act

14. THE CHARTER & LEGISLATIVE SUPREMACY
The Charter empowered the Courts (namely the Supreme Court of Canada)
Before the Charter, the courts would only rule laws invalid if they were ultra vires that government’s authority
After the Charter, the courts could declare laws invalid and illegal if they infringed the Charter (What’s the formula called?)

15. LET’S FLY THROUGH THE CHARTER
FUNDAMENTAL FREEDOMS (Section 2)
Conscience and religion
Thought, belief, opinion, expression (including the press)
Peaceful assembly
Association

16. LET’S FLY THROUGH THE CHARTER
DEMOCRATIC RIGHTS (Section 3-5)
Right to vote in elections or be qualified for membership in legislatures (run for office)
5 year max between elections
War-time government
MOBILITY RIGHTS (Section 6)
Right to enter, remain in, and leave Canada
Right to move & pursue a livelihood in any province

17. LET’S FLY THROUGH THE CHARTER
LEGAL RIGHTS (Section 7-14)….a whole bunch!!!
Life, liberty, security of person (what about jail??)
Security against unreasonable search & seizure
No arbitrary detention or imprisonment
Informed for reason of arrest
Retain Counsel
Trial within reasonable time
Presumed innocent
No self-incrimination
No cruel and unusual punishment

18. LET’S FLY THROUGH THE CHARTER
EQUALITY RIGHTS (Section 15)
Equal treatment before the law
Protects against discrimination based on: race, national or ethnic origin, colour, religion, sex, age, or mental or physical disabilities
Affirmative action programs

19. LET’S FLY THROUGH THE CHARTER
LANGUAGE RIGHTS (Section 16-23)
English & French are the official languages of the federal government and have equal status
New Brunswick only bi-lingual province
Right for public to be communicated to in preferred language
Right for public to receive primary & secondary education in either language

20. SECTION 1: REASONABLE LIMITS
The rights and freedoms of the Charter can be violated if the violation is reasonable and justifiable
The Oakes Test – The Supreme Court test for determing whether a violation is reasonable and justifiable
1 – Has a law been broken??
2 – Were Charter rights or freedoms infringed??
If this is the case, we now move to the OAKES TEST!!!

21. OAKES TEST
SUFFICENT IMPORTANCE 1) The government must show that its objective is sufficiently important to warrant a violation of a right or freedom PROPORTIONALITY 2) Rational Connection – It must be necessary to achieve the goal 3) Minimal Impairment – The government didn’t go overboard in achieving the goal) 4) Detriments vs. Benefits – The solution must not be worse than the problem IT’S A TOUGH SYSTEM…..EVEN SUPREME COURT MEMBERS DISAGREE….SO NEVER PANIC

22. ONTARIO HUMAN RIGHTS CODE
Sorry if you have taken the Grade 11 law 

23. HUMAN RIGHTS
HUMAN RIGHTS – Fundamental rights & freedoms to which all people are entitled
DISCRIMINATION – Treating a person unfairly because of his or her race, religion, sex, etc….Can you think of some others???

24. HUMAN RIGHTS
Discrimination stems from stereotyping (having an oversimplified judgement of group of people). Stereotyping leads to prejudice. When someone’s behaviour towards another is based on stereotypes & prejudices, the result is discrimination.
When discrimination happens without governmental laws being broken or involvement the CCRF doesn’t apply – it turns to each province’s Human Rights Codes. Ours is the Ontario Human Rights Code.

25. 5 PROTECTED ‘AREAS’
The Ontario Human Rights Code provides protection from discrimination in 5 areas of our lives. The areas are:
GOODS, SERVICES & FACILITIES: includes schools, hospitals, shops, restaurants, sports & rec. organizations and facilities
OCCUPANCY OF ACCOMMODATION: the place where you live or want to live, whether you rent or own
CONTRACTS: written or oral agreements
EMPLOYMENT: including ads, application forms and interviews as well as assignments, training, and promotion
ASSOCIATION/UNION MEMBERSHIP: ex: OSSTF

26. If all these areas are protected, where can you discriminate then??

27. GROUNDS OF DISCRIMINATION
If, in any of the 5 AREAS previously listed, a person faces discrimination on any of the following 16 GROUNDS, then he/she is protected by the OHRC
These are 16 prohibited grounds for discrimination!!
Race – common decent or external features such as skin colour, hair texture, facial characteristics
Ancestry – family descent
Place of Origin – country or region
Colour – associated with race
Ethnic Origin – social, cultural or religious practices drawn from a common past

28. GROUNDS OF DISCRIMINATION
Citizenship – membership in a state or nation
Creed – religion or faith
Sex – discrimination can be sexual in nature, or because of gender or pregnancy. This also includes the right to breastfeed in public areas or in the workplace. Sex also includes gender identity
Sexual Orientation – gay, bisexual or heterosexual
Handicap – physical disability or disfigurement caused by injury, illness or birth defect…a very long list
Age – (employment), 16+ (accommodation), 18+ others

29. GROUNDS OF DISCRIMINATION
Marital Status – includes cohabitation, widowhood, separation
Family Status – the parent/child relationship
Same Sex Partnership
Record of Offences – provincial offences or pardoned federal offences (for employment)
Receipt of Public Assistance – in housing only

30. Namely in the area of EMPLOYMENT:
EXCEPTIONS
Namely in the area of EMPLOYMENT:
An organization that serves a group protected by the Code may choose to employ only members of that group
An employer may choose to hire or not hire, promote or not promote his or her own spouse, child, parent
An employer may discriminate on the basis of age, sex, record of offences or marital status if these are genuine requirements of the job. EX: shelter for battered women may choose to hire only women as counsellors

31. 5 WAYS YOU CAN DISCRIMINATE
HARASSMENT – Engaging in a course of vexatious (annoying or provoking) comments or conduct which is known, or ought reasonably to be known, to be unwelcome.
- We don’t have the right to impose our words or actions on someone if they are not wanted
- It doesn’t matter if it’s intentional or unintentional, that is why the Code says “ought reasonably to be known”
- EX: everyone is expected to know that racial or ethnic slurs or jokes are unwelcome
- “Engaging in a course of” means it occurs more than once.

32. 5 WAYS YOU CAN DISCRIMINATE
SEXUAL HARASSMENT: Occurs when someone receives sexual attention and the person making the comments knows or should reasonably know that the comments or behaviour is offensive.
- Every employee has the right to be free from sexual harassment from all in the workplace. Many applications!!
- Also applies to tenants & school situations

33. 5 WAYS YOU CAN DISCRIMINATE
POISONED ENVIRONMENT: Created by comments or conduct that ridicule or insult a person or group protected under the Code.
- Also created for individuals at whom the insults are not necessarily directed. Heterosexual offended by homophobic jokes
- It must be clearly evident that such behaviour is making people feel uncomfortable in a school or work situation

34. 5 WAYS YOU CAN DISCRIMINATE
CONSTRUCTIVE DISCRIMINATION: occurs when a seemingly neutral requirement has discriminatory effects
Can you think of a situation where this happens??
To avoid a finding of this, the employer or organization my prove that:
The requirement is bona fide – EXTREMELY necessary, in terms of safety, efficiency or economy
AND
2) The person from a protected group can’t be accommodated without undue hardship to the employer

35. 5 WAYS YOU CAN DISCRIMINATE
SYSTEMIC DISCRIMNATION: discrimination that is part of the operating procedures of an organization.
Can you think of any??