canadian charter of rights and freedoms chapter 11 and 12, pgs. 270-313 from counterpoints
TRANSCRIPT
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Canadian Charter of Rights Canadian Charter of Rights and Freedomsand Freedoms
Chapter 11 and 12, pgs. 270-313 from Counterpoints
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Today’s ObjectivesToday’s Objectives
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
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The ConstitutionThe 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
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Difference between the two?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
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Difference between the two?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
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HomeworkHomework
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.
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Charter Rights and Fundamental Charter Rights and Fundamental FreedomsFreedoms
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
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The Notwithstanding ClauseThe 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 renewedWhy do we have this clause?
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Reasons for the notwithstanding Reasons for the notwithstanding clauseclause
Was a compromise:◦Some politicians felt the Charter (interpreted by
judges) would weaken the power of elected lawmakers
◦Clause gave back some power to themSome people think the clause weakens
the Charter ◦Government could override the Charter
whenever it wantedTo date, only been used twice
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Examples of use of NWS clauseExamples 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 necessaryQuebec:
◦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
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The Amending FormulaThe Amending Formula
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)
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AssignmentAssignment
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
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The Charter and its The Charter and its Impact on SocietyImpact on Society
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Today’s ObjectivesToday’s Objectives
give examples of the impact of the Charter on Canadian society
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How has the Charter effected How has the Charter effected society?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
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Fundamental FreedomsFundamental Freedoms
The Charter includes fundamental freedoms such as freedom of:◦Conscience, religion, thought, belief, expression, peaceful
assembly, and associationBefore 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
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Equality RightsEquality Rights
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
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Case study 1 (page 300)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
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Federal and Provincial LegislationFederal 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
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BC Human Rights CodeBC Human Rights Code
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
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EmploymentEmployment
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
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TenancyTenancy
Tenant: a person who rents their homeA landlord cannot refuse to rent to you
based on your source of income
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Accommodation, services, use of Accommodation, services, use of facilitiesfacilities
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
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Hate propagandaHate propaganda
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
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Aboriginal RightsAboriginal Rights
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
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Case Study 2 (page 305)Case Study 2 (page 305)
Lavell versus ReginaLet’s read this case about Aboriginal
Rights on page 305 of the text
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Gender Equality in the WorkplaceGender 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
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Preferential Hiring PoliciesPreferential 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”
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Case Study 3 (page 308)Case Study 3 (page 308)
1995, Tawny Meiorin lost her job as a forest firefighter because she took 49.4 seconds too long to finish a 2.5 km run
Lets read the case on page 308Do you agree with the decision?Why or why not?
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Childrens RightsChildrens Rights
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)
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AssignmentAssignment
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