3 Recognizing Rights and Freedoms Inalienable RightsFranchiseEntrenchOverrideInvokeNotwithstanding Clause
4 Legal LogicPuzzle 1 Unscramble these four jumbled words, one letter to each square to form four vocabulary words.KiovensgirthDxetritaonDmofereNow arrange the circled letters to form the answer to the question below: What does constitutional law do in relation to statute law?OOooooooo
5 Answers Jumbles: Invoke Rights Extradition Freedom Answer to the Question: Overrides
6 PuzzleFill in the numbered clues of three shorter words to help find the longer word in this “Charter puzzle” (some letters may be used more than once)A)1._2._3._4._5._6._7._8._9._10_2,10,1,4,-breakfast,lunch,or dinner7,5,6,9,-viloent public disturbance9,8,4,3-gossipB)1._2._3._4._5._6._7._8._9_5,6,3,7,4-bind or restrain8,3,1,9- secure2,3,7,8,9,-lift up
10 Incredible World As Canadians, we are blessed with incredible freedom. There is also a lot of hardship, evil, and more and more persecution. Examples:Crime and gangsAbortionDivorce and the redefinition of familyPornographyDrugs
11 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 Trudeau1982 – Charter of Rights and FreedomsBecomes part of our constitution (Constitution Act)Effectively replaces the Bill of Rights
12 Every Day Definitions 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).
13 Canadian Charter Definitions Right is a legal, moral or social claim that people are entitled to, primarily from their government.( a person accused of committing an offense is entitled to a fair trial)Freedom is a right to conduct one’s affairs withoutgovernmental interference( one has the right to seek employment in any part of Canada.)For thousand of years, people all over the world have struggled with the concept of human rights. As ideas about rights evolved and took form from different codes the same questions came up:What Rights people should have?Should rights be absolute( unrestricted)?Is everyone entitled to the same rights?What is the power of the sates in creating and enforcing laws?How can people ensure that governments do not restrict their rights and freedoms?
15 Charter Definitions to be continued Civil rights: the rights of citizens (e.g. to political and socialfreedom and equality), which limit the power a governmenthas over its citizensHuman rights: rights that protect one from discrimination byother individuals and in certain areas of one’s lifeNatural rights: rights thought to be inherent, such as theright of all people to life, liberty, and security; rights that areindependent of rulers, society and governmentsInalienable rights: guaranteed entitlements that cannot betransferred from one person to anotherFranchise: the right to voteEntrench: to protect and guarantee a right or freedom byensuring that it can only be changed by an amendment to theConstitution
16 Significant human Rights Events in Canada 1833 Slavery is abolished under the British Emancipation Act1884 Indian Act is amended to outlaw cultural and religious ceremonies such as potlatch1990 Chinese Immigration Act increases $50 head tax to $1001900 Dominion Elections Act excludes minorities from voting in federal elections\1908 “No stoppage” rule requires immigrants to travel directly to Canada ,reducing the numberof immigrants from Canada1914 Komagata Maru Incident: officials allow only 20 of the 376 potential immigrants to enter Canada,forcing the rest to return to India
17 Significant human Rights Events in Canada(2) 1916 Manitoba grants women the right to vote in provincial elections1918 Women are granted the right to vote in federal elections1919 Women are allowed to stand fro Parliament1920 Federal Government makes the franchise universal, except for some minorities and Status Indians1921 Quebec Court upholds the right of a theatre owner to refuse to allow a black patron to sit in the orchestra seats1927 Indian Act is amended to make it illegal for Aboriginal people to hire lawyers to pursue land claims without the consent of the superintendent general of Indian Affairs1928Alberta passes the Sexual Sterilization Act, ordering the sterilization of patients in psychiatric hospitals
18 Significant human Rights Events in Canada(3) 1928 Supreme Court of Canada decides that word “person” does not apply to women1929 Famous Five –Emily Murphy, Nellie McClung, Henrietta Muir Edwards, Louise McKinney ,and Irene Parlby appeal “person decision” to the Privy Council in England, which rules that women are persons1934 People libelled because of race or creed can get a court order to stop the libel1940 Communist party is outlawed under the War Measures Act1942 Hutterites, Doukobhors and enemy aliens are barred from buying land1942 Japanese Canadians are forcibly removed from their homes and sent to detention camps
19 Significant human Rights Events in Canada(4) 1945 Covenant Restraining the sale of land to Jews is struck down1947 Saskatchewan Bill of Rights Act is the first broad, human rights statute passed in Canada1948 People of all races, except for Status Indians, are given federal franchise1950 Supreme Court of Canada rules that Jehovah’s Witnesses can distribute religious pamphlets.1953 Fair Employment Practices Act1956 Female Employees Equal Pay Act1960 Status Indian are granted the right to vote in federal elections1960 Canadian Bill of Rights
21 Rights an Freedoms Timeline(1) 1215 Magna Carta (England)1776 Declaration of Independence (United States) recognized that all people have natural rights and provided for individuals’ inalienable rights to equality and liberty1789 Declaration of the Rights of Man (France)1833 Slavery is abolished under the British Emancipation Act1865 Slavery is abolished in the United States with the 13thamendment to the U.S. Constitution1869 Bill of Rights (Britain) gave British parliament supremacy over the monarchy and extended certain civil and politicalrights such as free elections, reasonable bail and fines, andfreedom from cruel or unusual punishment
22 Rights and Freedoms TimeLine(2) 1948 Universal Declaration of Human Rights (United Nations) Inaddition to recognizing the equal and inalienable rights of all members of the human family, it provides for fundamental freedoms of thought, opinion, expression, conscience, religion, and peaceful assembly. It also declares the equal rights of men and women, equality before the law, the right to be presumed innocent until proven guilty, education rights, and freedom from torture or inhumane punishment.1960 The Canadian Bill of Rights1982 Canadian Charter of Rights and Freedoms is entrenched inthe Constitution Act, 1982
23 Notes: Development of Human Rights in Canada(1) · Magna Carta (1215)Limited the monarch’s powerAmerican Revolution13 colonies fighting for independence from BritainLaws suited Great Britain not its colonies – people were angryNo elected representatives in British ParliamentBritish ignored American demands1776 Declaration of IndependenceWar raged on until 1783American Constitution became law in 1788Did not include a Bill of RightsFeared that giving rights to common people might lead to “mob rule”1791 – 10 amendments were made to the Constitution and became the Bill of Rights
24 Notes: Development of Human Rights in Canada(1) · French RevolutionIn the 1700s a group of French thinkers known as the philosophers wrote books and pamphlets attacking the power of the French king, nobles, and the Church.Wanted more freedom for the French people and an end to the feudal system1789 – French people rose up to overthrow their rulersThousands and thousands of people diedFeudalism and the privileges of rulers and Church were abolishedA National Assembly (similar to the House of Commons) was set upMembers elected by the peopleAugust 26, 1789 Declaration of the Rights of Man and of the Citizens
25 Notes: Development of Human Rights in Canada(2) Abolition of SlaverySlaves continued to be legally defined as “property” not as “humans” or“citizens”Over a 300 year period 15 million people had been captured in Africa to betraded as slaves in Europe and North AmericaSeen only as a source of labour1833 – Slavery Abolished under the British Emancipation ActUS Civil WarAbraham Lincoln became president in 1861 on a platform of opposing thespread of slaveryCivil war broke out ( )Northern or Union forces fought to abolish slaverySouthern or Confederate forces fought to keep slavery legalNorthern Forces won in 186513th amendment to the US Constitution abolished slavery
26 Notes: Development of Human Rights in Canada(3) Universal Declaration of Human RightsUnited Nations formed after WWIIUniversal Declaration of Human Rights signed on December 10, 1948First time nations from around the world had signed a formal agreement on specific rights and freedoms for all human beingsFor billions of people these guarantees are unfulfilledCanadian Bill of RightsCanadian law is based on English Common law – unwrittenCanadians had legal rights that were not written down but simply understood to existAfter WWII, many Canadians came to believe that legal rights had to be written downJohn Diefenbaker became leader of the Progressive Conservative partyFederal election – promised a bill of rightsAugust 10, 1960 – Canadian Bill of Rights was passed in a non-Non revolutionary methodSet down legislation the rights and freedoms that Canadians already enjoyed under the common law.
27 Putting it All Together “Dissatisfied minority groups, corporations, criminals ,and their lawyers are the only people who have benefited from the Charter”Write an argumentative five hundred word essay ,either agreeing or disagreeing with the quote. In your essay include information about the Charter, relevant cases, and Supreme Court decisions.Assignment is due April,6