Chapter 3 How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?

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Chapter 3 How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?
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Presentation transcript:

Chapter 3 How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?

Focus Questions 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?

Glossary Terms Add the following terms into your glossary sheets. Rights: Refers to the things that we deserve as human beings (e.g. the right to clean water, food, shelter, reasonable access to healthcare) Legal Rights: Are more specific, and refer to rights secured by law. Which cannot be denied from one situation to the next. In Canada, all citizens have a legal duty to respect the legal rights of others. If citizens feel their rights are being violated, they can turn to the law to ensure their rights are respected. Example: We have the legal right to free speech under the Charter of Rights and Freedoms.

Glossary Terms Add the following terms into your glossary sheets Constitution: A special set of laws that guarantees your rights Charter of Rights and Freedoms: Document entrenched in the Constitutional Act, 1982 that lists and describes the fundamental rights and freedoms that is guaranteed to Canadians. The constitution is the highest law in Canada. The CORAF creates constitutional protections for individual rights and freedoms across the country.

Glossary Terms Add the following terms into your glossary sheets. Freedoms: A freedom implies that no one will interfere with what you want to do. No one is obligated to ensure that your freedoms are not being violated. The government has the responsibility to ensure that legal rights do not justifiably limit your freedoms. https://www.youtube.com/watch?v=YAIM1qzO9_w

The Charter If a Canadian feels that their rights have been violated, they can challenge it, in court, laws that restrict their rights. Although, the Canadian government is sometimes able to restrict rights legally in order to maintain a democratic, free society.

Examples of Rights 1. Fundamental Freedoms: -Expression of opinion -Choice of Religion -Organize peacefully -Freedom of association 2. Democratic Rights: - to vote for members of the HOC and Provincial Legislatures. - To vote for a new Gov. every 5 years.

Examples of rights cont Mobility Rights: the right to move anywhere within and around Canada. This may be restricted. Legal Rights: The right to be free of imprisonment and search and seizure without evidence and reason.

Examples of Rights The right to a quick and fair public trial by an impartial court that presumes you innocent until proven guilty. Equality Rights: The right to be free of discrimination because of race, ethnic origin, religion, gender, age, preference regarding choco milk or music etc. https://www.youtube.com/watch?v=xvuySazzaAQ

Charter Assignment Now that you have seen a brief overview of different categories of the charter, your assignment will be to complete the Following: 1. P 98 Q 2 + 2 q’s in blue 2. With a partner, research a news story where a persons rights in Canada have been violated. Summarize the story and discuss how you feel the persons rights were violated and how this case ended. Make sure to include an article or hyperlink to a video.

Internment in WWI In the early 1900’s, Canada wanted “stalwart peasants” born from the soil to immigrate into the country. By 1914, over 100 000 Eastern Europeans lived in Canada. In 1914, when the War Measures Act was passed, all “enemy aliens” of German, Austrian, Hungarian, Ukrainian, and Turkish decent were forced to register with the police, carry an ID carry, and not own a gun. http://www.youtube.com/watch?v=_XPZQ0LAlR4

WWI Many were also sent to labor camps across Canada, by 1919 over 100/8500 of these people had died in the camps. 5000 of them were Ukrainian. The media and propaganda played a big role in this. The WMA included: P 174. 1. Censor, and control the media. 2. Arrest, or detain without charge. 3. No transportation. 4. Gov has control over transports and airports.

WWII Same as in WWI, in WWII Canada felt the need to intern its citizens. After the attack on pearl harbor, 22 000 Japanese Canadians were interned. They were sent to southern BC to work on labor camps, their possessions were taken and sold, they were given nothing in return. Limitations were placed on job Japanese Canadians could hold.

WWII By the end of the war, only 700 Japanese Canadians were suspected of helping the enemy, and they were the ones who protested against the internment. The government of Canada officially apologized for this on Sept 22nd, 1988. http://archives.cbc.ca/war_conflict/second_world_war/topics/568-2927/ P177-ETI-1,2,3

Cartoon on Charter http://www.youtube.com/watch?v=xvuySazzaAQ&safety_mode=true&persist_safety_mode=1&safe=active

DE-BATE DE-BATE DEEEEEEEEEE-bate Should the government be able to restrict or take away the rights of an individual? You will be divided equally into 2 groups: 1 side arguing yes 1 side arguing no Your job today will be to come up with arguments for your side and to research a case study that can be used to support your argument.

The Indian Act The Indian Act was passed in 1876. First Nations People were not consulted in the signing of the Act. Key Aspects: 1. Required First Nations people to obtain government permission to wear traditional clothing. 2. Banned ceremonies such as the Sundance. 3. Prevented First Nations people from taking political action It was a piece of legislation passed to help the Canadian government assimilate the aboriginal population.

Suffrage! http://www.youtube.com/watch?v=8n65Y8itAcg&safety_mode=true&persist_safety_mode=1&safe=active The Toronto Women’s Literacy Club Founded in the late 1800’s by Emily Howard Stone and other influential women. http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0008687

The Suffragettes In 1918, Canadian women officially received the legal right to vote. This was a landmark moment because it marked the birth of an era where women were considered “persons” This also meant that they could legally own property and run for political office. https://www.youtube.com/watch?v=8n65Y8itAcg

Admit it, you missed cause and effect charts. With a partner, read 105-109. 1. Pick 3 of the stories discussed in those pages. 2. For each story, create a cause and effect chart with 2 causes and 3 effects per article. 4. Have a short 2-3 sentence summary of the story you chose.

Labour Unions In 2001, four Ontario women and five labour unions launched a charter challenge claiming that they were being discriminated on the basis of gender. The women claimed they were not being paid equally because of their gender. In 2003, before the case went to court, the Ontario gov agreed to pay them 414 million dollars in pay adjustment.

For God’s sake retire already In the 1990’s, professor Olive Dickason (who names their kid Olive? Are in the 1930’s still, that name sucks… I apologize if your name is olive) was forced to retire at age 65. She challenged the decision and the case was brought to the supreme court. They ruled against her because she had agreed to retire at 65 when she signed her contract.

Last slide of ch 3 Since the decision, some provinces have made it illegal for employers to fire their employees at 65. Citing that this is a form of discrimination on the basis of age. 35 more years to go for me so I don’t care too much.

Post Case Study Reflection Questions In each case who did the law benefit? In each case who did the law negatively impact? How could each case affect your personal quality of life? Should the law have been changed? To what extent does the law impact different groups in society? What Charter issue did each case violate? What implications does passing the law have for the future? To what extent did the passing of the law further violate someone’s Charter rights?