Human Rights

Human Rights? Human rights are the "basic rights and freedoms to which all humans are entitled.” It condemns the “barbarous acts which have outraged the conscience of (hu)mankind” Mankind = (hu)mankind Now make a mind-map of Canada vs the world in terms of human rights. -what privileges do we have here that aren’t in other countries? ie children in china, women in some countries, children in africa, religious fights, ethnicity, holocaust?

Universal Declaration 1948 - UN proclaims the ‘Universal Declaration of Human Rights’ This is the first document to recognize that all humans have specific rights and freedom

Universal Declaration The Declaration states that humans deserve: the right to life & safety Recognition before the law Entitlement to fair and public hearings by impartial tribunal Right to freedom of movement And additionally: No one should be held in slavery No one should be tortured or degrading treatment No one should be arbitrarily arrested or detained

Charter of Rights and Freedoms Charter Intro #1 http://www.metacafe.com/watch/313137/canada_charter_of_rights_and_freedoms_www_charterofrights_ca/R/efp_video http://archives.cbc.ca/politics/constitution/topics/1092-6048/

Background: Canada’s Constitution What is a constitution? A set of rules that establish both the structure and the fundamental principles of the government in a nation. Purposes of a constitution: Helps establish what person or persons will exercise political authority Helps provide authoritative division of powers between national and regional governments in federal countries like Canada Helps outline the limits of governmental power

Canada’s Constitution Remember Grade 10?!? Canada became a country _________. Here the Canadian Constitution was made and signed by the Queen! In the Canadian Constitution was the British North American Act

Canada’s Written Constitution The written portions of our constitution include: The British North America Act of 1867 (now known as the Constitution Act of 1867) The Canada Act of 1982, which includes the: Constitution Act – 1982, and the Charter of Rights and Freedoms Canada Act, 1982

Big Picture Canada Confederation (1867) British North America Act (1867) Aka Constitution Act of 1867 Canada Act (1982) Constitution Act of 1982 Charter of Rights and Freedoms

Prior to the Charter – What protected us? Prior to the Charter, the Bill of Rights (1960) protected civil rights. While it did improve the protection of the rights of citizens, it was limited in scope. Being a LAW (an act of Parliament) rather than a constitutional amendment, it: could be changed easily by another act of Parliament did not empower the courts to review and strike down contrary laws did not apply to provincial laws. PM John Diefenbaker with the Bill of Rights in 1960

Benefits of the Charter The Charter increased the protection of rights of Canadian citizens from the actions and policies of all levels of government because it: created new rights that did not previously exist in convention or common law. For example, equality rights under section 15 and the minority language rights in sections 16 to 23. PM Trudeau and Queen Elizabeth II signing the Canada Act in 1982 – when the Charter was entrenched in the Constitution

IMPORTANT! The Charter is entrenched in the Constitution. Therefore it cannot be changed unless the amending formula is met, which is: 7/10 provincial legislatures representing 50% of the population must agree to the amendment / change

Ok, so now what? What does this all mean? Who is protected and from what?!?

Human Rights in the Charter Fundamental Freedoms Legal Equality Freedoms Democratic Freedoms Mobility Education Language

Fundamental Freedoms Section 2 Freedom of conscience and religion Freedom of peaceful assembly Freedom of thought, belief, opinion and expression Freedom of the press (and other media of communication) Freedom of association

Equality Freedoms Section 15 Every individual is equal before and under the law Everyone has equal benefit and protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability (or on any grounds that is analogous)

Legal Rights Section 7-14 Everyone has the right to life, liberty and security of the 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 to be informed promptly of the reasons why Everyone has the right to retain and instruct counsel on arrest Everyone has the right to trial within a reasonable time Everyone has the right of presumed innocence Everyone has the right to not self-incriminate Everyone has the right to be free from cruel and unusual punishment

Activity Racism in the UK: http://www.youtube.com/watch?v=gQv4aIXaGQ4&feature=related

Multi - Paragraph Positional paragraph needs to include: Your position Why you feel the way you do What aspects of the Charter of Rights and Freedoms you are acting within Whether or not you think this happens in Canada (why or why not) FULL SENTENCES!!!!

Democratic Freedoms Section 3-5 EVERYONE has the right to vote! EVERYONE has the right to run for House of Commons No Government can hold Parliament more than 5 years There must be a sitting of Parliament once every 12 months

Mobility Rights Section 6 Every citizen of Canada has the right to enter, remain in and leave Canada. Every citizen of Canada has the right to live and work in any Province

Official Languages & Education Section 16-23 Equal rights for both French and English Either can be used in debates or in Parliament Rights to receive either French or English education if that’s your first language

Scope of the Charter Only applies to Government and persons of Canada relationships Relationships between people and: both Federal and Provincial Government (Parliament and Legislation) Civil service Government representatives (ie Hospitals, universities, law societies) Courts NOT included!!!!

Scope of the Charter The Charter also does not apply to: relations between private individuals, such as relations between employee and employer or husband and wife. B.C. Human Rights Code is involved here

“Reasonable Limits” - Section 1 Individuals may be subject to “reasonable limits” that can be “demonstrably justified in a free and democratic society.” In other words, the rights and freedoms under the Charter can be violated if the violation is reasonable and justifiable.

Notwithstanding Clause Section 33 Governments have the ability to declare that a particular piece of legislation is ‘notwithstanding or beyond Charter review’ Basically: ability to over-ride the Charter only applies to the Charter’s: fundamental freedoms (section 2), legal rights (sections 7 to 14) and equality rights (section 15). Only good for 5 years, but then can be renewed

Bill 101 What aspect of the Charter of Rights and Freedoms was in violation in 1989 that the Quebec government had to use the notwithstanding clause? Pg 300

Equality Freedoms Section 15 Remember this one? Everyone has equal benefit and protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability (or on any grounds that is analogous)

Section 15 Relates to minority groups Such as? Allows for special initiatives, such as affirmative action programs, that would improve the situation of those people who traditionally have been discriminated against

Gender Equity Equal pay for work of equal value Why is this good? Why might people criticize this? Preferential Hiring Policies Trying to hire based on keeping gender and minority groups equal in numbers Possible issues with this?

First Peoples “a major part of Canadian history is the story of Canada’s dysfunctional relationship with First nations”

Children’s Rights Not actually in the constitution! Some movements: What’s the name of that thing that would allow us to put it in the constitution?!? Some movements: Rights of the Child (UN 1989) Canadian Coalition for the Rights of the Child Child Poverty