Transcript CHAPTER 3

Canada’s Charter of Rights
and Freedoms
Protecting your individual rights
“I have my rights! This is a free country!”
This chapter will explore the individual rights of every
Canadian citizen and permanent resident… what do
you think?
Think about this…
 What would your life be like if you didn’t have a
choice in what events and activities you took
part in with others?
 What rights and freedoms do you expect to
have as a citizen in Canada?
 When is it okay for laws to restrict people’s
choices?
 What’s the connection between having the right
to be represented in government and your
identity?
Canada’s Charter of
Rights and Freedomswhat is it?
1) It gives individual rights and freedoms to
Canadian citizens
2) It gives collective rights and freedoms to
groups in society.
 Dates from 1982
 Part of Canada’s constitution – which is the
highest law of Canada, all other laws must be
consistent with it.
Before the Charter…did
people have rights in
Canada?
 Prior to the Charter of Rights and
Freedoms, the provincial and federal
governments had a variety of laws
about individual rights.
 So why do we have the Charter…
Now that the Charter exists:
 It creates constitutional protection for individual
rights and freedoms, applying to all
governments across Canada.
 Canadians can challenge in court the laws that
restrict their rights.
 Canada’s government is justified in restricting
rights, if it is necessary to maintain Canada as
a free and democratic country.
Think back to the judicial branch and how it
works…
Critical thinking Question #1
 How does the Charter of Rights and
Freedoms connect to what you’ve
learned about the judicial branch?
The Charter
 Application :
- states that it applies to all levels of
government
 Limitations:
- Not all rights are absolute subject to
reasonable limitations
YOUR INDIVIDUAL RIGHTS…
(as stated by the Charter)
Fundamental freedoms
 Freedom to express your opinions
(“I think it’s stupid that I can’t listen to my IPOD in
class.”)
 Freedom to choose your own religion
 Freedom to organize peaceful meetings
and demonstrations (protests on Parliament
Hill)
 Freedom to associate with any person or
group.
Democratic Rights
 The right to vote for members of the
House of Commons and of provincial
legislatures
 The right to vote for a new government at
least every five years.
Mobility Rights
 The right to move anywhere within
Canada and to earn a living there.
 The right to enter, stay in, or leave
Canada.
Legal Rights
 The right to be free of imprisonment,
search and seizure without reasons
backed by law or evidence.
 The right to a fair and quick public trial by
an impartial court that assumes that you
are innocent until proven guilty.
Equality Rights
 The right to be free of discrimination
because of race, national or ethic origin,
religion, gender, age or mental or physical
disability.
Official Language Rights
 French and English are the two official
languages in Canada
- implications of this: All the laws made
are in French and English in all the
institutions of government. (Federal courts,
House of Commons, etc)
Minority Language Education Rights
 People whose first language learned and still
understood (French or English) is the minority
in the province they live in,
 People who have received their primary school
instruction in French or English and that
language is the minority of the province,
 AND people who have received their primary
or secondary education in French or English,
HAVE the RIGHT to have all their children
receive primary and secondary education in
the same language.
Enforcement
 Anyone whose rights or freedoms, as
guaranteed by the Charter have been
infringed or denied may seek the court of
law to obtain any remedy the court
considers appropriate or just.
What does “entrenched”
mean?
*To fix firmly or securely; established
firmly and securely.
DID YOU KNOW?
The Charter of Rights and Freedoms gives
every person in Canada the same
rights, whether they are a citizen or
not!!!
2 EXCEPTIONS:
You have to be a Canadian Citizen to:
1) Have the right to vote!
2) Have the right to leave Canada freely!
PROFILE
Read the
profile of
Emily from
Calgary and
list some
answers for
the
questions at
the bottom
of the page.
Nellie McClung, Alice Jamieson,
and Emily Murphy – Suffragettes (19021916 {won in Alberta})
"Ukrainian and
other internees at
the Castle
Mountain Alberta
internment camp
in 1915"
Castle Mtn., Alberta 1915(Poles,
Italians, Bulgarians, Croatians,
Turks, Serbians, Hungarians,
Russians, Jews, and Romanians).
Lemon
Creek,
BC.
(Japane
se,
WWII)
Blackfoot Nation,
Gleichen, Alberta,
ca 1890
Canada’s Past Not a
Pretty Picture
 We often think of Canada as the ‘free’ country.
There are some events that have taken place
in Canada that would leave us to believe
otherwise.
 The comparison of the past events with the
present day, helps us to better understand how
our government, our charter and our country
has been shaped by these events, values and
attitudes.
 Read pages 141 and answer questions 1&2.
Sunday shopping vs. the Sabbath
 In your lifetime, you have probably always been
able to shop on a Sunday.
 DID YOU KNOW that until 1985 there was a law
called the Lord’s Day Act that made it illegal for
most Canadian businesses to open on Sunday?
The law upheld the Christian Sabbath or day of
rest.
 Once challenged, only 3 months after the
Charter, the Supreme Court overturned the law
finding that it violated Canada’s fundamental
right to freedom of conscience and religion.
How does the Charter
affect the Workplace?
 Did you know?
 The Charter of Rights and Freedoms
creates equality rights in the workplace.
For example, you have the right to work
without facing discrimination based on
race, religion or gender.
Ontario Human Rights Code
 Protects you from the private sector
 Discrimination (different treatment,
harassment)
5 areas you cannot discriminate
under the OHRC
1)
2)
3)
4)
Employment
Goods, services, facilities
Landlord/ tenant
Vocational (professional associations,
ie. OCT)
5) Contracts (any legal binding document
with your signature)
No discrimination based on the following
grounds: (in the OHRC)
1) Race
2) Gender
3) Sexual orientation
4) Marital status
5) Family status (kids/no kids)
6) Criminal record
7) Disability
8) Citizenship
9) Age
10) Receipt of financial assistance
11) Religion
Review the chapter