1. Canadian Charter of Rights and Freedoms
Chapter 11 and 12, pgs from Counterpoints

2. Describe major provisions of the Canadian constitution, including the Canadian Charter of Rights and Freedoms, and assess its impact on Canadian society
Will learn about:
Precursors to the Constitution (BNA Act, Bill of Rights)
notwithstanding clause, amending formula
Charter rights and fundamental freedoms (equality, mobility, legal rights, language rights, education)
Examples of the impact of the charter on society
Today’s Objectives

3. The Constitution What is the Constitution of Canada?
The supreme law in Canada
A collection of traditions, conventions, and acts
Outlines the Canadian system of government
Outlines the civil rights of all Canadian citizens, and those in Canada
The current Constitution was defined in the Constitution Act of 1982
The original Canadian Constitution was the British North America Act (BNA Act) of 1867 when Canada became an independent nation
The Constitution

4. Difference between the two?
BNA Act (1867):
An Act of British parliament
Created the Dominion of Canada out of three provinces (Nova Scotia, New Brunswick, Province of Canada)
Allowed for more colonies to join in the future
Outlined Canada’s system of government (British Parliamentary System combined with federalism)
Stills stand as the primary guideline that divides power between the provincial and federal governments
Difference between the two?

5. Difference between the two?
Constitution Act (1982):
Endorsed by all provinces except Quebec
Act that achieved full and final political independence from Britain
Established the “amending formula” for changing the Constitution
prior: disputes between provincial and federal governments, needed British approval for changes
Created the Canadian Charter of Rights and Freedoms
Outlines civil rights and liberties of Canadians such as freedom of expression, religion, and mobility
Difference between the two?

6. Homework Read about Human Rights in Chapter 12, pages 292-307
Answer the question in a short paragraph due for Thursday:
“What are human rights?”
Describe one aspect of Human Rights that is the most important to you, and explain why.
Homework

7. Charter Rights and Fundamental Freedoms
The fundamental rights and freedoms of the charter include:
Fundamental Freedoms (conscience, religion, thought, belief, expression, peaceful assembly, and association)
Freedom of Equality
Freedom of Mobility (handicapped)
Language rights
Legal rights
Education rights
Charter Rights and Fundamental Freedoms

8. The Notwithstanding Clause
Section 33 of the Charter gives federal gov’t an escape clause called the notwithstanding clause (nws clause)
Allows gov’t to pass a law even if it violates a specific freedom or right guaranteed in the Charter
Expires after 5 years, but may be renewed
Why do we have this clause?
The Notwithstanding Clause

9. Reasons for the notwithstanding clause
Was a compromise:
Some politicians felt the Charter (interpreted by judges) would weaken the power of elected lawmakers
Clause gave back some power to them
Some people think the clause weakens the Charter
Government could override the Charter whenever it wanted
To date, only been used twice
Reasons for the notwithstanding clause

10. Examples of use of NWS clause
Saskatchewan:
Used the nws clause to protect a law that ordered striking workers back to work
Courts ruled the back-to-work law didn’t violate the Charter anyway, so nws clause was not necessary
Quebec:
1976, Parti Quebecois passed Bill 101, the “Charter of the French Language”
Made French only official language in Quebec
Supreme court ruled that the Bill was unconstitutional, so Quebec used the nws clause to override the courts decision and kept the bill
Examples of use of NWS clause

11. The amending formula is the process by which the Canadian Constitution can be changed legally
The amending formula is as follows:
For a change to be made to the Constitution, at least 7 of the 10 provinces representing 50% of Canada’s population must agree to the change
*This meant that as long as Ontario agreed to a change, Quebec could be excluded
*Because of this, Quebec has refused to sign the Constitution (remember the “Kitchen Compromise”?...pg. 200 in text)
The Amending Formula

12. Answer the scenarios in question #2, page 304 of your textbook
Write a paragraph about your opinion on the notwithstanding clause
Is it necessary?
Describe a situation when the nws clause might be useful
Describe a situation where the nws clause might be used for a negative purpose
Assignment

13. The Charter and its Impact on Society

14. give examples of the impact of the Charter on Canadian society
Today’s Objectives

15. How has the Charter effected society?
Since 1982, Canadians have had the right to challenge in court any law they believe violates their rights outlined in the Charter
The Charter offers Canadians a chance to stand up for their rights, even against powerful governments
How has the Charter effected society?

16. The Charter includes fundamental freedoms such as freedom of:
Conscience, religion, thought, belief, expression, peaceful assembly, and association
Before the Charter, the federal government could restrict or deny these freedoms
Example: 1907 Lord’s day act restricted shopping on Sundays (violated freedom of religion)
Example: 1970 during October crisis, government induced the War Measures Act (restricted freedom of assembly, association, and expression
Fundamental Freedoms

17. The Charter guarantees equality “before and under the law”
“before the law” means every individual must have access to the courts
If somebody cannot afford a lawyer, one is provided to them
“under the law” means all laws passed by government must treat every individual equally
Laws cannot discriminate against individuals based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability
Equality Rights

18. Case study 1 (page 300) John and Linda Warren:
Deaf parents who had twin daughters
During child birth the babies had some complications, but nobody at the hospital could properly communicate to the Warrens what was happening
The Warrens were very worried
The federal government ruled that the failure to provide sign language interpreters denied deaf people equal benefits
Now, all public institutions must have interpreters available
Case study 1 (page 300)

19. Federal and Provincial Legislation
Federal and provincial governments deal with different areas of human rights
Federal: media, airlines, banks, postal system, businesses
Provincial: employment, tenancy, institutions
Federal and Provincial Legislation

20. BC Human rights code protects you against discrimination on grounds of:
Age (19 to 65), ancestry, colour, family/marital status, physical/mental disabilities, place of origin, political belief, race, religion, sex, or sexual orientation
Code includes employment, tenancy, property purchase, accommodation, services and facilities available to the public, and hate propaganda
BC Human Rights Code

21. Cannot be refused work or promotion based in age or any other grounds listed in the code, such as:
Cannot refuse to hire a person with a criminal record if the crime is unrelated to the job
Requires equal pay for work that is similar
Employment

22. Tenancy Tenant: a person who rents their home
A landlord cannot refuse to rent to you based on your source of income
Tenancy

23. Accommodation, services, use of facilities
You cannot be denied accommodation, service, or use of a public facility, with two exceptions:
Public washrooms and change rooms can be designated male or female only
Insurance companies can take into account your sex, and physical/mental health when calculating insurance costs
Accommodation, services, use of facilities

24. People are protected against hate propaganda, meaning, a person cannot display any notice, sign, symbol, emblem, or other representation that exposes a person to hatred or contempt
If a person complains, the BC Human Rights Commission can take the violator to court if the complaint is justified
Hate propaganda

25. Rights provided to most Canadians were until recently not provided to Aboriginals
Aboriginal rights are now equal to all Canadians, but many Aboriginal groups still suffer from poverty, poor health, and inadequate housing and education
The Charter allows for the elimination of injustices that existed for Aboriginals before the Charter was created
Aboriginal Rights

26. Case Study 2 (page 305) Lavell versus Regina
Let’s read this case about Aboriginal Rights on page 305 of the text
Case Study 2 (page 305)

27. Gender Equality in the Workplace
Section 15 of the Charter provides guarantees against discrimination based on sex, but problems still exist
Women often underrepresented in many professions
Women often paid less than men for similar work (see Figure 12-13)
Womens wages are rising, but still lower than men
Women account for 70% of part-time jobs in Canada, which provide fewer benefits
Gender Equality in the Workplace

28. Preferential Hiring Policies
Many employers are now making an effort to hire more employees from minority groups, who have disabilities, or who are female
This can lead to situations such as the one found in this newspaper headline:
“Universities hiring, but white males need not apply”
Is this fair?
Many argue this is “reverse discrimination”
Preferential Hiring Policies

29. 1995, Tawny Meiorin lost her job as a forest firefighter because she took seconds too long to finish a 2.5 km run
Lets read the case on page 308
Do you agree with the decision?
Why or why not?
Case Study 3 (page 308)

30. Childrens rights are based on 4 guiding principles: (Figure 12-16)
1) Non-discrimination
2) Best Interests of the Child
3) Survival and Development
4) Participation
Key points of Childrens rights include:
Have same fundamental freedoms as adults
Should not be separated from their parents unless it is in the childs best interest
Have the right to high standards of health
The right to education, which should be provided for free (primary education)
Childrens Rights

31. Assignment Create a poster that represents the idea of equality
You should include several aspects of equality including equal rights based on:
Race, sex, age, religion, colour, etc.
Due date: Next Tuesday at the start of class
Assignment