Grade 9 Social Studies Unit 3 Review 9.1.6 Assess, critically, the impact of the Canadian Charter of Rights and Freedoms on the legislation process in Canada 9.1.7 Assess, critically, how the increased demand for recognition of collective rights has impacted the legislative process in Canada

In what ways has the Canadian Charter of Rights and Freedoms fostered recognition of Individual Rights in Canada? Was entrenched in Canada’s Constitution in 1982 and made universal across Canada These rights must be considered when writing all other laws that are passed in Canada The Charter more widely recognized the rights of the individual as they are explicitly stated With the exception of voting and moving in/out of the country they are applicable to all people living in Canada

How does the Canadian Charter of Rights and Freedoms support individuals exercising their rights? Certain individual rights and fundamental freedoms can only be restricted if these rights infringe on the rights of another individual Some individual rights include freedom of expression, peaceful association, an individual’s relationship with the gov’t and legal system (right to vote or fair/expedient trial) All people have the right not to be discriminated against because of race, sexual orientation, ethnicity, religion, gender, or disability

Cont’d If an individual feels their rights have been restricted, they can lodge a complaint with an organization like the Human Rights Commission Sometimes the cases are taken to court and sometimes may result in the changing of the law i.e. the Lords Day Act

In what ways has the Canadian Charter of Rights and Freedoms affected conditions in the workplace? Employers must be made aware of discrimination in their workplace Must ensure that all employees are treated in accordance with the Charter (the demand for gender equality through wage) Workplaces must be careful not to discriminate based on age, race, or religion (i.e. Sikh RCMP officers wearing designed turbans rather than traditional headgear) Employer cannot fire someone based on age Employees have the right to take time off for religious holidays, even if not observed by company

What is the relationship between the Rights guaranteed in the Canadian Charter of Rights and Freedoms and the responsibilities of Canadian Citizens? In exchange for the rights provided, the gov’t asks for individuals to fulfill certain responsibilities Involvement in the political process, social responsibilities, and paying taxes Although you may not be excluded for not fulfilling these rights, you may be punished for neglecting certain responsibilities – paying taxes

In what ways has the Canadian Charter of Rights and Freedoms fostered recognition of Collective Rights in Canada? Collective Rights are rights awarded to a specific group of people In the Charter, the rights of Francophones and Anglophones are specifically laid out Section 35 the Collective Rights of Aboriginal people are described By their inclusion in the Charter, these groups are easily able to ensure that their cultures and languages are protected

In what ways does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in minority settings? When a Francophone is in a primarily English-speaking community, there is potential for a loss of language and culture Charter guarantees that no matter where a Francophones lives, they have the right to access gov’t services in French and access publicly funded education in French

To what extent does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in Quebec? French is one of the two official languages of Canada French is the official language in Quebec Charter helps promote French culture by ensuring the rights of Francophones are protected Charter limits the use of French as the only language in the province (Businesses signs must be in French) i.e. Bill 101

Gov’t has a responsibility to protect the rights of all minorities To what extent should federal and provincial governments support and promote the language rights of minorities in Canada? Gov’t has a responsibility to protect the rights of all minorities Canada has a multicultural identity Canada has great respect for human rights Government ensures that legislation promotes language minorities and ensures they are able to flourish in Canada

How does the Indian Act recognize the status and identity of Aboriginal people? Indian Act is a law that first passed in 1876 Purpose was to allow gov’t to administer rights guaranteed to First Nations in the ‘numbered treaties’ Initially, had purpose to assimilate First Nations into mainstream Canadian culture Act defines who is ‘Status Indian’ and who qualifies for the associated rights Many feel the Act is still discriminatory and inhibits First Nation identity Does not allow for self-governance and nationhood Act has been amended various times but not successfully

Treaties about land and compensation for land How does legislation, such as Treaty 6, Treaty 7, and Treaty 8, recognize the status and identity of Aboriginal peoples? Treaties 6, 7, and 8 are three of the eleven treaties signed by First Nations and Canada between 1871 and 1921 Treaties about land and compensation for land First Nations agreed to share land in return for certain rights (land protection, resource usage, education, health) First Nations view treaties as permanent and believe they did not give up their land but agreed to live in harmony on the land

Cont’d… Canadian government disagrees and conflict have arose over land ownership First Nations records of treaties (oral and written) contradict written records of gov’t First Nations people see the treaties as a the way to maintain their culture and identity and the treaties provided rights to hunting, fishing, trapping that would not be comprimised

How do governments recognize Metis cultures and rights through legislation? Metis culture is distinct from First Nations and Inuit – and were not part of Numbered Treaties Manitoba Act is main agreement between Metis and government During conflict, many Metis fled Manitoba and never received land promised to them Alberta-Metis Settlement Accord recognized Metis in Alberta since 1990 There are 8 Metis settlements in Alberta

Rightism Patriation Entrenchment Constitutionalism One example of the way in which the Canadian Charter of Rights and Freedoms protects Francophones when they are the minority in an area is by ensuring the right to… The process of the strengthening of a right by specifically mentioning it in the Constitution is called… Rightism Patriation Entrenchment Constitutionalism Access services in French in retail outlets Receive public funds for French education when there are enough students Receive public funds for cultural events that promote the Francophone culture Be hired for a job in an Anglophone setting even if the person applying for the job cannot speak English Which of the following rights is also referred to as a responsibility? The right to vote The right to a fair trial The right to move freely within Canada The right to make a living in any province or territory

Which of the following rights is correctly paired with a corresponding section of Canada’s Charter of Rights and Freedoms? Right Section A Right to a fair trial Legal Rights B Right to vote in elections Equality Rights C Right to gather together peacefully Mobility Rights D Right to leave Canada Democratic Rights Along with the Canadian government (represented by the Queen), which of the following groups of people are represented by Treaties 6, 7, & 8? First Nations Aboriginals Metis Inuit

The Act guarantees the land claims described in the numbered treaties. Which of the following statements about the Metis settlements is false? Which of the following statements about the Indian Act is false? The rules of governing the Metis settlements are similar to those governing the First Nations reserves. Councils on the Metis settlements have the ability to make bylaws that apply only to the settlements. A form of self-governance exists on the Metis settlements. The Metis settlements exist only in Alberta. The Act guarantees the land claims described in the numbered treaties. The original Act attempted to assimilate First Nations people. The Act is today considered by some to be discriminatory. The Act defines who is a status Indian.

Canadian Constitution Numbered Treaties Bill of Rights Indian Act Which of the following documents guarantees the collective rights of all Aboriginals in Canada? The term “status Indian” refers to people in which of the following groups? First Nations people registered under the Indian Act Metis people living on Metis settlements Inuit people living on reserves All Aboriginal people Canadian Constitution Numbered Treaties Bill of Rights Indian Act Which three groups have their collective rights guaranteed in Canada? Immigrants, Anglophones, Francophones Francophones, Anglophones, Aboriginals Francophones, immigrants, Aboriginals Aboriginals, immigrants, Anglophones