Transcript history of rights and freedoms

HISTORY OF RIGHTS AND
FREEDOMS IN CANADA
What are our rights?
What are the barriers/limitations to our rights?
TYPES OF RIGHTS & FREEDOMS

Civil Rights:
Limit the power of the
government over its’
citizens

Human Rights:
Protect people from
being discriminated
against by other
people
REMEMBER FROM UNIT 1
The idea that everyone is equal under the law is
quite new(ish)
 The earliest legal codes had cruel laws and
punishments
 The Magna Carta (1215) was historic because it
introduced the RULE OF LAW
 But still only nobles and wealthy land owners
could vote, etc and ordinary peoples’ rights were
limited
 In the late 1600’s philosophers began to think
about the idea of NATURAL RIGHTS (i.e. The
Declaration of Man and Citizen)

THE AMERICANS DID SOMETHING RIGHT...





1775-American Revolution
begins
“no taxation without
representation!”
Created a Constitution (1788)
but it did not have a Bill of
Rights
“We hold these truths to be self
evident...that all men are
created equal”
1791-ten amendments to the
Constitution; became
foundation for Bill of Rights
today
DEVELOPMENT OF HUMAN RIGHTS
French Revolution—inspired by
the Americans; produced The
Declaration of Rights of Man and
of the Citizen guaranteeing all
French citizens basic rights
 World War II—United Nations
formed (1945); adopted Universal
Declaration of Human Rights;
first time nations around the
world signed a formal agreement
Olympe de Gouges
on specific rights and freedoms
for all humans

BRITISH NORTH AMERICA ACT (1867)
[BNA ACT]
Became a country called The Dominion of
Canada
 Passed into law by the British Parliament
 Canada not fully independent—Britain in charge
of foreign affairs
 Judicial Committee of the Privy Council (JCPC)
was Canada’s highest court
 Could only be changed or amended by British
parliament
 1931 Canada gets its own foreign affairs and
1949 the Supreme Court of Canada (SCC)
 Lists federal (sec 91), provincial (sec 92), and
territorial powers—provinces got education and

THE BILL OF RIGHTS (1960)
Remember from Unit 1 most of
Canada has a common law system
which is based on unwritten
customs, conventions, and court
decisions
 After horrors of WWII Canadians
though rights needed to be written
down
 The Bill of Rights (PM Diefenbaker)
legislated civil rights and freedoms
Canadians already had
 Remember that it was only a law so
it could be changed at any time

THE DEBATE:
SHOULD CANADA TRULY
BECOME INDEPENDENT?
YES
 Britain wanted it
 We would be fully
independent!
NO
 Provincial
governments
suspicious of each
other
 Provinces didn’t want
to lose powers
 Could not agree on a
formula to amend
(change) the
constitution
THE CONSTITUTION ACT
(1982) [AKA THE CANADA ACT]
PM Pierre Trudeau wanted stronger guarantees
on rights; “just society”
 1981—amending formula—requires consent of
Canadian parliament AND 2/3rds of provinces
with 50% of the population AND to approve any
change
 BNA Act was renamed Constitution Act, 1867
and is still the main part of the constitution
 Constitution Act, 1982 added the amending
formula and the new Canadian Charter of Rights
and Freedoms (civil rights)
 Rights are entrenched (i.e. Sec 24—right to court)
 Never signed/approved by Quebec

APPLICATION OF THE CHARTER
1. Decision-Maker is Part of Government  Member of
Legislature, Executive, or Administration than Charter will
apply to the decisions they make:
(i) Applies to Legislation
(ii) People who enforce/apply the law
(i.e. – employees of Government and Policemen)
2. Applies to Exercising Governmental Functions
(i.e. covers Municipalities)
3. Implementing Government Policy
(i.e. – even private company implementing Govt
policy)
MAIN SECTIONS OF THE CHARTER
Section 1:
Reasonable Limits Clause
Section 2:
Section 3-5:
Section 6:
Fundamental Freedoms (conscience
and religion; thought/expression;
peaceful assembly; association)
Democratic Rights
Mobility Rights
MAIN SECTIONS OF THE CHARTER
Sections 7-14:
Legal Rights
Section 15:
Equality Rights
Sections 16-22:
Official Languages of Canada
Section 23:
Minority Language Education
Rights
MAIN SECTIONS OF THE CHARTER
Section 24:
Enforcement
Sections 25-31:
General
(including Aboriginal Rights and
Multicultural Heritage)
Sections 32-33:
Application of Charter
Sec 33=Notwithstanding Clause—
power of provinces to override Sec
2 AND 7-15; 5 year max
FUNDAMENTAL FREEDOMS

Freedom of Religion - s. 2(a)

Freedom of Expression – s. 2(b)

Freedom of Peaceful Assembly – s. 2(c)

Freedom of Association – s. 2(d)