Canada’s Charter of Rights and Freedoms Our Individual Rights as Canadians

RIGHTS vs. FREEDOMS Right – something you can demand; common privilege Freedom – absence of control over action EG: Getting a chance to vote at the national elections means getting your right. Getting a chance to vote for someone you really want to vote for means freedom.

What is the Charter of Rights & Freedoms? Part of Canada’s Constitution The Constitution is the highest law of Canada all other laws must be consistent with it Created constitutional protections for individual rights & freedoms Canadians can challenge in court laws which restrict their rights; the Judicial Branch makes decisions about these challenges by interpreting how to apply the Charter Issues for Canadians, page 96

What is the Charter of Rights & Freedoms? The Charter says that Canada’s government is justified in restricting rights if the restrictions are necessary to maintain Canada as a free & democratic country The Charter was signed in a ceremony by Prime Minister Pierre Trudeau in 1982 Issues for Canadians, page 96

Your Individual Rights Under the Charter Fundamental Freedoms: Freedom of conscience and religion Freedom of thought, belief, opinion and expression Freedom of peaceful assembly (meetings and demonstrations) Freedom of association

Your Individual Rights Under the Charter Democratic Rights: Every citizen of Canada has the right to vote in an election of members of the House of Commons or their provincial legislature and be qualified for membership Right to vote every five years

Your Individual Rights Under the Charter Mobility Rights: Every citizen of Canada has the right to enter, remain in and leave Canada Every citizen has the right to take up residence in any province

Your Individual Rights Under the Charter Legal Rights: Everyone has the right to life, liberty and security of person Everyone has the right to be secure against unreasonable search or seizure Everyone has the right not to be arbitrarily detained or imprisoned Everyone has the right on arrest or detention: To be informed of the reason To retain and instruct legal counsel without delay

Your Individual Rights Under the Charter Equality Rights: Every individual is equal before the law and has the right to equal protection and benefit of the law without discrimination based on: race nationality or ethnic origin religion gender age mental or physical disability

Rights & Responsibilities Below are all of the responsibilities that correspond with you individual rights. Please try to match them up with the correct RIGHTS in your chart: Respect the results of elections Respect the rights of others to believe in a religion or not Know the laws and adhere to them Accept responsibility for group actions or leave the group Become informed before expressing an opinion Be aware of the rights of others Act responsibly when attending meetings and demonstrations Become familiar with the laws of the province or territory you move to Vote Stand up for rights Communicate wishes to elected officials on laws and policies Have a valid passport when leaving and returning to Canada Respect the rights of others to have different opinions Organize the meeting or demonstration so that it is peaceful Pursue action through legal means to uphold rights

My Rights - My Responsibilities

Canada’s Charter of Rights and Freedoms Our Collective Rights as Canadians

Collective Rights: Key Terms Collective rights: rights guaranteed to specific groups in Canadian society for historical and constitutional reasons; these groups are: Aboriginal peoples including First Nations, Métis, and Inuit peoples Francophone and Anglophones Collective Identity: the shared identity of a group of people, especially because of a common language and culture Source: Issues for Canadians page 118

The Charter: Collective Rights What are collective rights? Rights held by groups/peoples in Canadian society that are recognized and protected by Canada’s constitution Who holds collective rights in Canada? Aboriginal peoples, including First Nations, Metis, and Inuit Francophone and Anglophones Source: Issues for Canadians page 122

The Charter: Collective Rights What legislation relates to collective rights? Source: Issues for Canadians page 122

Numbered Treaties Agreements between Queen and FN FN education Residential Schools Annuities Annual payment Reserves Recognized sovereignty of FN

Law or Policy? Law – conditions or principles that MUST be followed Policy – describes how to follow law EG: Numbered Treaties=LAW (provide education) Residential schools=Policy

Indian Act, 1876 Little consult with FN (ethnocentric Europeans) Status Indians Aimed to Assimilate Told how to conduct affairs Cannot travel, dress, take political action Give up legal ID and Treaty rights in order to vote

B

A

D B