Transcript Chapter 3: How effectively does Canada’s Charter of Rights

PART I: How
does the
Charter
affect law
making in
Canada?
Introduction
 Sometimes government makes decisions for the
common good (the collective good) of everyone.
 These decisions can sometimes affect people’s
individual rights and freedoms and therefore their
citizenship.
Thinking Critically
 In this section, you will be reading about four cases
where the Canadian Charter of Rights and Freedoms
was used to challenge government decisions where
people felt a situation violated their individual rights.
 ASSIGNMENT:
 1. Read pages 105-109 and summarize each of the cases.
Identify and explain which case you feel most affects
quality of life today.
 2. Complete question 2 on page 109.
Challenges to the Charter
 There have been many cases where individual rights
and freedoms were limited. Let’s look at some cases in
Alberta:
 Alberta and the Eugenics Program (the sterilization of
people)
 Language Rights in Alberta
 Canada has not always been a free and democratic
society. Through challenges, injustices, and a desire for
fairness and tolerance, Canada has become a nation
that protects its citizens. Values and attitudes that
shaped our history have also helped to shape Canada
today.
 What about the rest of the world? Let’s explore the
United Nations and their history in protecting human
rights. Let’s explore and take the quiz.
How does
the Charter
affect the
workplace?
Introduction
 Have you ever been employed? Perhaps you have
worked as a babysitter, shovelled walks for neighbours,
or completed odd jobs for your family. You might have
been paid cash for the jobs you had. A rite of passage
for youths aged 12 to 14 is often applying and getting a
first real job. The thrill of receiving that first
paycheque is very exciting.
 Whatever the job is, there are rules that apply. Some
rules are established by the employer, such as dress
code, the time that the job begins and ends, and work
responsibilities.
 The employer, however, must also follow rules that are
established by the provincial government. These rules
help to protect the employer and the individual rights
of the employees.
Early History
 In the 1800s, many children did not attend school. They were
expected to contribute to the family economy. Sometimes, this
meant working for parents in the home or on the farm or it
might have been working in industries, such as factories, mills,
or mines. Often, children were exploited; they worked in poor
conditions for long hours and received little pay.
 Let’s continue to explore the rights of individuals in the
workplace as you watch the following videos. Think about the
child workers, working conditions, long hours, and low wages.
The idea of labour has come a long way.
 Youtube video 1
A Modern Look
 Each province in Canada has established labour laws
for youth. In Alberta, the government of Alberta
establishes rules for hiring youths and working
conditions.
 Let’s investigate more about these rules.
 Alberta Employment Standards
 In Alberta, workplace rules include:
 Youth 12-14 can be hired for work that doesn’t endanger
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their life, health or education
$8.80 for minimum wage
Set rest periods such as over 5 hours: 30 minutes paid or
unpaid.
24 hours notice of a shift change.
24 consecutive work days is the maximum; must be
followed by four consecutive rest days.
 There are many different jobs that youth 12 to 14 years
old are legally allowed to have in Alberta. These
include jobs such as:
 deliveries for a retail store
 delivering newspapers or flyers
 working as clerks in offices or retail stores
 working certain jobs in restaurants and the food service
industry
 There also certain rules that apply to 12-14 year old
workers. These include:
 No more than two hours on a school day
 No more than eight hours on a non-school day
 They may not use or work in areas where deep fryers,
grills, sharp knives, or slicers are used.
 They may not work in areas where smoking is allowed.
 The employer must make sure adolescent employees are
in the continuous presence of another employee aged 18
or over.
 The rules are a little different for youths 15 to 17 years old.
Youth in this age range may also work in the following
locations:
 retail stores selling food or beverages
 retail businesses selling gasoline or other petroleum products
 hotel or motel services (A youth cannot work between
midnight and 6 a.m. without parent consent and adult
supervision.)
 Some stores won’t allow youth to work until age 18 due to
safety concerns (e.g., building supply stores).
 So far, you have examined child labour in Canada in
the nineteenth century and labour laws for youth
today.
 Many of the changes to legislation that have occurred
over the last 60 years are a result of the United Nations
Declaration of Human Rights, the Universal
Declaration of the Rights of the Child, and the Charter
of Rights and Freedoms.
Let’s look at a case
 In Canada, the Charter of Rights and Freedoms
establishes equality in the workplace. Individuals
have the right to work without discrimination
based on gender, age, race, or religion. Let’s look at
a case where the charter was challenged in the
workforce.
 Brooks vs. Canada Safeway
 Brooks vs. Safeway Outcome
 Individual and workplace rights continue to evolve.
Sometimes the changes occur as a result of challenges
to the Charter of Rights and Freedoms.
 ASSIGNMENT:
 Read pages 113-115.
 Create a cause and effect chart-the Charter challenge is
the cause, and the decision is the effect. Use the title
“How the Charter is used to protect workers from
discrimination in the workplace.”
 Answer the CTC on page 114.