Charter of Rights and Charter of Rights and FreedomsFreedoms

C of R & F HistoryC of R & F History Protects human rightsProtects human rights

A revision of the A revision of the Canadian Bill of RightsCanadian Bill of Rights

Prime Minister John Diefenbaker passed the Prime Minister John Diefenbaker passed the Canadian Bill of Rights in 1960. Canadian Bill of Rights in 1960.

••This bill recognized and outlined rights already held This bill recognized and outlined rights already held by Canadians under common law. However as an act of by Canadians under common law. However as an act of Parliament, any of the existing rights could be changedParliament, any of the existing rights could be changed

••Human rights weren’t solidly entrenched into our legal Human rights weren’t solidly entrenched into our legal system until 1982 with the Constitution Actsystem until 1982 with the Constitution Act This is when Prime Minister Pierre Trudeau passed the Charter of Rights This is when Prime Minister Pierre Trudeau passed the Charter of Rights

and Freedoms, which became part of the new Canadian Constitution.and Freedoms, which became part of the new Canadian Constitution.

Canadian Charter of Canadian Charter of Rights and FreedomsRights and Freedoms

Divided into 7 major sections:Divided into 7 major sections:

1.)Fundamental Freedoms1.)Fundamental Freedoms Freedom of conscience, religion, belief, Freedom of conscience, religion, belief,

expression, peaceful assembly, associationexpression, peaceful assembly, association

2.)Democratic Rights2.)Democratic Rights Right to vote & run for office, federal Right to vote & run for office, federal

elections every 5 years, sitting of elections every 5 years, sitting of Parliament once per yearParliament once per year

3.) Mobility Rights3.) Mobility Rights Right to leave & enter Canada, right to Right to leave & enter Canada, right to

work/live in any provincework/live in any province

Canadian Charter of Canadian Charter of Rights and FreedomsRights and Freedoms……

cont…cont…Divided into 7 major sections:Divided into 7 major sections:

4.) Legal Rights4.) Legal Rights Right to life, liberty, security, fair trial Right to life, liberty, security, fair trial

& lawyer, not to be arbitrarily & lawyer, not to be arbitrarily detained, innocent until proven detained, innocent until proven guilty, no cruel or unusual treatmentguilty, no cruel or unusual treatment

5.) Equality Rights 5.) Equality Rights Freedom from discrimination based Freedom from discrimination based

on race, ethnic origin, religion, sex, on race, ethnic origin, religion, sex, age, or mental or physical disability, age, or mental or physical disability, affirmative actionaffirmative action

Canadian Charter of Canadian Charter of Rights and FreedomsRights and Freedoms……

cont…cont…Divided into 7 major sections:Divided into 7 major sections:

6.) Official Language Rights6.) Official Language Rights Recognize official bilingual Recognize official bilingual

status of Canada and their status of Canada and their equalityequality

7.) Minority Language Education 7.) Minority Language Education RightsRights

Right to education in English or Right to education in English or FrenchFrench

Reasonable Reasonable LimitsLimits

None of the rights and freedoms None of the rights and freedoms of the Charter are absolute, of the Charter are absolute, meaning the government can meaning the government can restrict them. Certain rights must restrict them. Certain rights must be balanced against othersbe balanced against others

Ex. Right to host a party vs. right Ex. Right to host a party vs. right to peace and quietto peace and quiet

EnforcementEnforcementSomeone lodging a complaint of Someone lodging a complaint of discrimination against a certain discrimination against a certain government agency must apply government agency must apply to the courts to have the to the courts to have the discrimination stoppeddiscrimination stopped

Limitations of RightsLimitations of Rights 1) The Notwithstanding Clause1) The Notwithstanding Clause

An “escape clause” for federal and provincial An “escape clause” for federal and provincial governments to pass a law even if it violates the governments to pass a law even if it violates the CharterCharter

2) Conflicting Rights2) Conflicting Rights Whose rights take precedent over another? (ex. Forced Whose rights take precedent over another? (ex. Forced

retirement at 65 – protect young or old?)retirement at 65 – protect young or old?) 3) Interpretation by the Courts3) Interpretation by the Courts

Judges forced to interpret the fairness of laws and set Judges forced to interpret the fairness of laws and set precedents for new lawsprecedents for new laws

Applying the Applying the CharterCharter

Must be general and flexible to meet Must be general and flexible to meet changes in Canadian societychanges in Canadian society

Like a living tree with the roots being Like a living tree with the roots being Canadian values, with the court Canadian values, with the court decisions representing the growth of decisions representing the growth of the treethe tree

Interpreting the CharterInterpreting the Charter

Some words and phrases in the Some words and phrases in the charter are straightforward and charter are straightforward and simple to understandsimple to understand

But…some require interpretation by But…some require interpretation by the judgesthe judges

Ex. Life, liberty and security of the Ex. Life, liberty and security of the person.person. ??

Role of JudgesRole of Judges Argument that Charter erodes the power Argument that Charter erodes the power

of parliament and puts judges in controlof parliament and puts judges in control Do personal views influence decisions?Do personal views influence decisions? How can we expect a judge to rule on How can we expect a judge to rule on

something that politicians are unable to something that politicians are unable to do?do?

In the end we rely on Judges to exercise In the end we rely on Judges to exercise good faith in the best interests of societygood faith in the best interests of society

Charter of Rights & Freedoms ACTIVITYCharter of Rights & Freedoms ACTIVITY What rights and freedoms do you feel that the What rights and freedoms do you feel that the

students and teacher in this Social Studies 11 class students and teacher in this Social Studies 11 class should have?should have? Get together with a partner and brainstorm important Get together with a partner and brainstorm important

rights and freedoms you feel the people in this class are rights and freedoms you feel the people in this class are entitled toentitled to

Keep in mind the rights and freedoms we have discussed Keep in mind the rights and freedoms we have discussed today (and be reasonable…remember the Notwithstanding today (and be reasonable…remember the Notwithstanding Clause – I can reject your unreasonable rights Clause – I can reject your unreasonable rights ))

With your partner, make note of your top 3 With your partner, make note of your top 3 Join another pair and create a list of the top 4 Rights Join another pair and create a list of the top 4 Rights

and Freedomsand Freedoms We will now decide on a class CharterWe will now decide on a class Charter