lecture 4 canadian charter

Canadian Charter of

Rights & Freedoms

British North American Act

• Canada's original Constitution• Passed in 1867 by British Parliament• Also known as:

• The Constitution Act• Founded Canada as a nation

Canadian Bill of Rights

• Pass in 1960• Not part of the Constitution• Had no more power than any other law• The Bill spoke of fundamental freedoms, legal rights and equality

before the law• The Bill only applied to federal laws

Definitions – What is…http://www.bestlibrary.org/ss11/files/charterguide.pdf

• A Right• “Something that has been granted by statute (an act passed by a governing

body) or regulation”

• A freedom• “The power to act without unfair interference by an individual or state. It is

neither created by law nor is it absolute. It can be limited by Statute if the limitation is found to be justifiable”

Changes – who or what?

• Britain • 1980 - the Canadian government set up a special committee• The Charter is a part of the Constitution Act, 1982

• The Canada Act, 1982.

• The equality rights section of the Charter was delayed until 1985

Impact of The Charter of Rights & Freedoms• Part of Canada's Constitution

• The Constitution sets out rules as to how the country works• The supreme law of Canada

• Holds our common values as a nation• The Charter guides:

• Governments in making laws• Courts in applying laws

Discriminatory Laws passed before the Charter of Rights• 1884 - Indian Act outlaws cultural and religious ceremonies,

like potlatches

• 1900 - Chinese Immigration Act sets head tax at $100

• 1900 - Dominion Elections Act prevents minorities from voting in elections

• 1928 - Supreme Court rules that women are not "persons" under the law

• 1928 - Alberta government passes a law ordering sterilization of patients in psychiatric hospitals

Discriminatory Laws (continued)

• 1940 - Communist Party is outlawed under the War Measures Act •

1942 - Japanese Canadians have their property taken away and are sent to internment camps•

1960 - Status Indians were not allowed to vote until 1960.• No right to political protest

•Under the pre-Charter Indian Act, Aboriginal women lost their Indian status if they married non-Aboriginal men.

Inside the Charter

• Guarantee of Rights & Freedoms• The Canadian Charter of Rights and Freedoms guarantees the rights and

freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

What does it cover

• Fundamental freedoms (freedom of religion, expression, & association) • Democratic rights (the right to vote and hold office) • The right to live or work anywhere in Canada • The right to life, liberty and personal security • Equality rights • The official languages of Canada •Minority language education rights •Multiculturalism, and • Aboriginal rights.

Fundamental Freedoms

• The Charter protects your freedom to follow your religion, to have your beliefs and opinions, to express yourself, to gather in peaceful groups and to associate with others. It also protects the freedom of the press

Democratic Rights

• All citizens have the right to vote or stand for election

Mobility Rights

• The Charter gives all citizens the right to come and go from Canada• Stops provinces and territories from discriminating against newcomers.

• For example, if a person is a qualified professional, such as an accountant, in one province, another province cannot prevent him or her from working there because that person does not live there.

• However, provinces can make a residency requirement for certain social and welfare benefits.

• http://www.justice.gc.ca/eng/dept-min/pub/just/06.html

Legal Rights

• Everyone has the right to life, liberty and security of the person. The state cannot take away these rights unless principles of fundamental justice are followed

Equality Rights

• Equal benefit and protection of the law without being discriminated against because of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability.

Language Rights

• Section 1• Official Languages of Canada

• English & French are the official languages

• Minority Language• Parents have the right to have their children educated in either language

•On April 17th 2012 the Charter of Rights & Freedoms turned 30.• The most significant changes brought about by the charter:• Limiting police powers• Women’s reproductive rights

• Struck down laws that made abortion illegal in 1988 – laws never rewritten• Recognition of the LGBT community

• Recognition of the rights of gay, lesbian, bisexual and transgendered Canadians• Linguistic rights for francophones outside of school• Strengthened Aboriginal rights

• Government forced to consult Aboriginal peoples when making decisions that affect them

• Judicial Activism • the charter forces government to justify all legislation

• http://www.cbc.ca/news/canada/story/2012/04/17/f-charter-30-changes.html