Transcript Canadian Charter of Rights and Freedoms

Canadian Charter
of Rights and Freedoms
Canada in the 21st Century
As Canadians, we are blessed with
incredible freedom.
 There is also a lot of hardship, evil, and
more and more persecution. Examples:






Crime and gangs
Abortion
Divorce and the redefinition of family
Pornography
Drugs
How did this come to be?




One factor is that as a country, we have pushed God out of the
public square (our courts, Parliament, etc).
We have replaced God with our own standards of right and wrong.
Pierre Elliott Trudeau
1982 – Charter of Rights and Freedoms
◦ Becomes part of our constitution (Constitution Act)
◦ Effectively replaces the Bill of Rights
Rights, Responsibilities, and Privileges

What is a right?
◦ An entitlement, that comes from someone who
has the authority to give it (e.g. life). Usually it can
not be taken away.

What is a responsibility?
◦ Something which must be performed as an
obligation or duty. Responsibilities are necessary
for rights to exist (e.g. uphold the life of our
neighbour).

What is a privilege?
◦ A benefit that comes from a particular position
which can be removed, changed, or increased (e.g.
holidays).
Charter Preamble
“Whereas Canada is founded upon principles
that recognize the supremacy of God and the
rule of law:”
◦ Supposed to set the context for the rest of the Charter.
◦ Is now referred to as the “embarrassing preamble” and ignored.
◦ But if rights require a rights-giver, and if our country doesn’t
believe in God, then where do these rights come from?
Section One
“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.”

Even rights have limits
◦ Can you think of examples?
Section Two
Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication;
c) freedom of peaceful assembly; and
d) freedom of association.
Section Three
“Every citizen of Canada has the right to vote in an
election of members of the House of Commons or of a
legislative assembly and to be qualified for membership
therein.”
Section Seven
“Everyone has the right to life, liberty and
security of the person and the right not to be
deprived thereof except in accordance with the
principles of fundamental justice.”
◦ Who does this apply to?
Sections 8-10, 12
8. Everyone has the right to be secure against
unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily
detained or imprisoned.
10. Everyone has the right on arrest or detention
a) to be informed promptly of the reasons
therefor; b) to retain and instruct counsel without
delay and to be informed of that right; …
12. Everyone has the right not to be subjected to
any cruel and unusual treatment or punishment.
Section 15
15. (1) Every individual is equal before and under the
law and has the right to the equal protection and equal
benefit of the law without discrimination and, in
particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or
mental or physical disability.
Important things to remember



The Charter is meant to protect people from actions by
our governments.
What happens when rights conflict?
◦ E.g. a minister being asked to perform a wedding for a
couple that he believes shouldn’t be married?
The Supreme Court of Canada
◦ Perhaps the highest authority in Canada
◦ Decides how the Charter should be interpreted.
Dangers from the Charter





The vague wording gives a lot of power to judges to
interpret it as they see fit.
They tend to interpret it using a humanist worldview.
Judges and courts are given the power to trump what
Parliament says.
Focused on “me first” at the expense of the vulnerable.
Lacks a moral foundation.
Classroom Charter
Rights:
 Responsibilities:
 Privileges:
 Judge?

Assignment – Small Group Activity
Please answer the following questions and have one member
of your group report on these findings to the class.
◦ In your copy of the Charter, find and highlight the Section of the
Charter that has been assigned to you.
◦ Explain this Section in your own words.
◦ Who is this Section meant to protect? Give examples.
◦ What is a Christian response to this Section? Provide some
examples, stories, or texts from the Bible that deal with it.
◦ Activity - Make a Skit:
 Think of a scenario in which the right(s) in your Section are violated.
 Make a short skit, involving all the members of your small group, to act
out this scenario. After acting out the scenario, have both sides (those
who violated and were violated against) make their argument before the
judge, using the Charter in their defence.