Rights and Freedoms in BC

Provincial Bill of Rights BC has its own provincial Human Rights Code Enacted in 1973 Prevents discrimination by businesses, organizations and individuals Includes a “Code Prevails” clause that places it above other laws or policies Includes anti-discrimination for: Publication Employment/Wages/Unions Accommodation/Service Purchasing Renting

The Charter of Rights and Freedoms

Bill of Rights Federal government passed “Canadian Bill of Rights” in 1960 Created largely by John Diefenbaker (PM) Contained various fundamental freedoms and legal rights Declared equality before the law Limited by being a “bill” and not entrenched in the Constitution (British North America Act, 1867) Only applied to federal laws, not provincial

Charter of Rights and Freedoms Canada’s constitution before 1982, was the British North America Act (BNA) from 1867 Was a British law that Canada had no control over  could not change it without going to Britain 1982 Pierre Trudeau repatriated the BNA Act to Canada, renaming it the Constitution Act, 1982 Added the Charter of Rights and Freedoms to the constitution to “entrench” various rights and freedoms Adding rights to the constitution makes it EXTREMELY difficult to remove and impossible for the government to override Protects people from the government

Section 1: Reasonable Limits ● The rights and freedoms in the Charter are guaranteed within “reasonable limits” ● Sometimes, a right will conflict with other rights or with the “common good” Example: the right to free speech v. the right to security of person. How far should our rights to say negative things about a different group of people (a certain race, age)?

Section 2: Fundamental Freedoms Freedoms considered essential to a free and democratic society. ● Freedom of conscience: people can think and believe whatever they want; includes religion ● Freedom of belief and expression ● Right to peaceful assembly ● Freedom of association

Sections 3-5: Democratic Rights ● Right to vote and run for office ● Right to federal elections every five years ● A sitting of Parliament at least once every 12 months.

Section 6: Mobility Rights The right to leave and enter Canada Right to work/live in any province

Sections 7-14: Legal Rights Intended to limit the power of government so that it can’t interfere with personal liberty. Basic legal rights include: ● Right to life, liberty and security of person ● Protection against unreasonable search or seizure ● Right to a fair trial and lawyer ● Protection against arbitrary detention (“Habeas Corpus”) ● Right to be presumed innocent until proven guilty ● Protection against “cruel and unusual treatment”

Section 15: Equality Rights The most controversial and far-reaching section of the Charter. Main points are: Freedom from discrimination based on race, national or ethnic origin, religion, sex, age, or mental or physical disability Permission for affirmative action programs: hiring of minorities to “level the playing field”; referred to as “reverse discrimination” by critics.

Sections 16-22: : Official Language Rights ● Recognizes the official bilingual status of Canada and the equality of the French and English languages. - In parliament - In federal courts - In government institutions

Section 23: Minority Language Education Rights ● Right to education in English or French when there are significant numbers of students ● Each province decides whether to provide education in a minority language other than French or English.

Section 33: “Notwithstanding Clause” Included in the Charter of Rights and Freedoms in order to convince all the provinces/territories to sign ●“escape clause” for federal government and provincial governments. ● allows a government to pass a law even if the law violates certain Charter rights! ● categories affected by Section 33: - Fundamental Freedoms - Equality Rights - Legal Rights