Presentation on theme: "Chapter 3. What are we looking for in this section? How does the Charter protect individual rights and freedoms? How does the Charter affect law making."— Presentation transcript:
What are we looking for in this section? How does the Charter protect individual rights and freedoms? How does the Charter affect law making in Canada? How does the Charter affect the workplace?
What are rights and freedoms? Read p. 88-89 What is a right? A right is something that society gives or grants you allowing you to do something. What is a freedom? A freedom is something that no one can take away, like the freedom to believe what you want. *** In small groups or as a class, students can create personal charters for class
Charter of Rights and Freedoms -1982 Included in the constitution in 1982 when PM Pierre Trudeau patriated (brought home) the constitution from Great Britain. Since our rights and freedoms are part of the constitution (the highest law in Canada), these rights must be considered when all other laws are being written – ensuring us of our rights and freedoms. Prior to the Charter, provincial and federal government made laws to protect individual rights. Now citizens can challenge court laws or decisions that restrict their rights. The Judicial branch makes decisions about such challenges, deciding how to apply the Charter
Why did we need to put Charter in the constitution? Read Jean Chretien’s comments on p. 96 Because Canada has such a diverse population, the only way to provide equal protection to everyone is to make sure individual rights and freedoms are protected by our highest law in Canada – the constitution of Canada. If a person feels their rights have been restricted, they can lodge a complaint with an organization such as the Human Rights Commission and their case may be taken to court.
What is protected in the Charter Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Group and Language Rights ** Complete and discuss Canadian Charter of Rights and Freedoms Worksheets. Also complete #2 on p.98
Interesting Individual Rights Case Studies Assisted Suicide Assisted Suicide Religious Freedom Religious Freedom
Can the government restrict our rights? According to the Charter, certain rights and freedoms can only be restricted if by exercising such a right infringes on the rights of another individual. Charter also says Canada’s government is justified in restricting rights, if the restrictions are necessary to maintain Canada as a free and democratic society.
Examples of government restrictions of rights War Measures Act – enacted in 1914 allowed the government to suspend normal civil liberties (rights and freedoms) and assume supreme control during times of "war, invasion or insurrection, real or apprehended.“ This Act was used 3 times in history: 1. WWI (1914) – Interment of Ukrainians and Germans 2. WWII (1940-41) – Internment of Italians and Japanese 3. FLQ Crisis (1970) – Political terrorist group kidnapped Quebec politicians, killing one. Police were given more freedom to arrest suspects to prevent further unrest.
Do you agree? Should the Canadian Government be allowed to suspend civil liberties during times of crisis? Emergencies Act (1988) – replaced the war measures act and differs as follows: 1. A declaration of an emergency by the Cabinet must be reviewed by Parliament 2. Any temporary laws made under the Act are subject to the Charter of Rights and Freedoms. Thus any attempt by the government to suspend the civil rights of Canadians, even in an emergency, will be subject to the "reasonable and justified" test under section 1 of the Charter.
What does the Charter reflect about today’s society compared to the past? Read p. 100-103 and complete worksheets filling in the main events and effects on individual rights each section discusses. Complete a cause and effect diagram for each discussion on p. 100-103 like the one on p.104.
First Nations and the Indian Act Created in 1876 to affirm the collective rights of First Nations. The Act was and is a way to administer treaty rights to Treaty Peoples (the Act gives the power to decide who is a “status Indian” to the government). Canada’s government thought it was appropriate to make laws for First Nations without consulting them – this was due to ethnocentrism (belief that your culture is superior to other cultures). The original goal of the Act was to assimilate First Nations people, but pressure from First Nations has caused the government to revise the Indian Act several times.
Women’s Suffrage Canadian women began to fight for the right to vote (known as suffrage) in 1876 with the founding of the Toronto Woman’s Literary club by Emily Howard Stowe. Nellie McClung waged a “mock parliament” in 1914 to show people how ignorant their reasons for not allowing women to vote were. In 1916 Manitoba passed a law that granted women the vote. This lead to other provinces passing the right to vote in provincial elections but it was not until 1918 when the Women's Franchise Act, which permitted all women citizens aged 21 and over to vote in federal elections was passed. This was done so that women could be used to support the vote to use conscription to send more Canadian men to WWI.“mock parliament” Historica Minute – Nellie McClung Historica Minute – Nellie McClung
Women’s Suffrage continued This lead to other provinces passing the right to vote in provincial elections but it was not until 1918 when the Women's Franchise Act, which permitted all women citizens aged 21 and over to vote in federal elections was passed. This was done so that women could be used to support the vote to use conscription to send more Canadian men to WWI. The fight for women’s rights led to the enfranchisement (granting right to vote) to women in other countries around the world. It would also lead to minorities (1948), First Nations (1960), and prisoners (1993) gaining the right to vote.
Internment of Ukrainian Canadians Outbreak of World War I in 1914, 8000 Ukrainian and German Canadians were arrested and had their homes and possessions seized. These people were used as labourers that worked for no pay. These people were seen as threats to Canadian safety as they could act as spies or informants. In 2005, Canadian Parliament passed a recognition act acknowledging their mistake and stated that the Charter of Rights and Freedoms would prevent such mistakes against human rights.
WWII – Internment of Italians and Japanese During WWII, the Canadian government again issued the War Measures Act to arrest people of Italian and later Japanese descent.These people’s possessions and homes were confiscated and they were sent to work camps in the B.C. interior. These people were treated like enemies and hated even though most had been born and raised in Canada. Relatives of the Japanese Canadians interned received $21 000 in 2007. CBC clipCBC clip
What have we learned from the past? Do you think the Canadian government was justified in their actions during WWI and WWII? Has the government done enough to right the wrongs of the past? How did these events shape the Charter of Rights and Freedoms? How would government decision making have been different in these cases if the Charter was in effect?
CH. 3 Lesson 1 Summary Difference between rights and freedoms Types of Fundamental Rights/Freedoms: Democratic Rights, Mobility Rights, Legal Rights Equality Rights, Group and Language Rights o Government Restrictions of our rights: War measures Act, Indian Act, Women’s Suffrage, Internment WWI & WWII o Responsibilities associated with rights