Charter of Rights and Freedoms

C of R & F History Protects human rights Protects human rights A revision of the Canadian Bill of Rights A revision of the Canadian Bill of Rights Prime Minister John Diefenbaker passed the Canadian Bill of Rights in Prime Minister John Diefenbaker passed the Canadian Bill of Rights in This bill recognized and outlined rights already held by Canadians under common law. However as an act of Parliament, any of the existing rights could be changed This bill recognized and outlined rights already held by Canadians under common law. However as an act of Parliament, any of the existing rights could be changed Human rights weren’t solidly entrenched into our legal system until 1982 with the Constitution Act Human rights weren’t solidly entrenched into our legal system until 1982 with the Constitution Act This is when Prime Minister Pierre Trudeau passed the Charter of Rights and Freedoms, which became part of the new Canadian Constitution. This is when Prime Minister Pierre Trudeau passed the Charter of Rights and Freedoms, which became part of the new Canadian Constitution.

Canadian Charter of Rights and Freedoms Divided into 7 major sections: 1.)Fundamental Freedoms Freedom of conscience, religion, belief, expression, peaceful assembly, association 2.)Democratic Rights Right to vote & run for office, federal elections every 5 years, sitting of Parliament once per year 3.) Mobility Rights Right to leave & enter Canada, right to work/live in any province

Canadian Charter of Rights and Freedoms …cont… Divided into 7 major sections: 4.) Legal Rights Right to life, liberty, security, fair trial & lawyer, not to be arbitrarily detained, innocent until proven guilty, no cruel or unusual treatment 5.) Equality Rights Freedom from discrimination based on race, ethnic origin, religion, sex, age, or mental or physical disability, affirmative action

Canadian Charter of Rights and Freedoms …cont… Divided into 7 major sections: 6.) Official Language Rights Recognize official bilingual status of Canada and their equality 7.) Minority Language Education Rights Right to education in English or French

Reasonable Limits None of the rights and freedoms of the Charter are absolute, meaning the government can restrict them. Certain rights must be balanced against others Ex. Right to host a party vs. right to peace and quiet

Enforcement Someone lodging a complaint of discrimination against a certain government agency must apply to the courts to have the discrimination stopped

Limitations of Rights 1) The Notwithstanding Clause 1) The Notwithstanding Clause An “escape clause” for federal and provincial governments to pass a law even if it violates the Charter An “escape clause” for federal and provincial governments to pass a law even if it violates the Charter 2) Conflicting Rights 2) Conflicting Rights Whose rights take precedent over another? (ex. Forced retirement at 65 – protect young or old?) Whose rights take precedent over another? (ex. Forced retirement at 65 – protect young or old?) 3) Interpretation by the Courts 3) Interpretation by the Courts Judges forced to interpret the fairness of laws and set precedents for new laws Judges forced to interpret the fairness of laws and set precedents for new laws

Applying the Charter  Must be general and flexible to meet changes in Canadian society  Like a living tree with the roots being Canadian values, with the court decisions representing the growth of the tree

Interpreting the Charter  Some words and phrases in the charter are straightforward and simple to understand  But…some require interpretation by the judges  Ex. Life, liberty and security of the person. ?

Role of Judges  Argument that Charter erodes the power of parliament and puts judges in control  Do personal views influence decisions?  How can we expect a judge to rule on something that politicians are unable to do?  In the end we rely on Judges to exercise good faith in the best interests of society

Charter of Rights & Freedoms ACTIVITY What rights and freedoms do you feel that the students and teacher in this Social Studies 11 class should have? What rights and freedoms do you feel that the students and teacher in this Social Studies 11 class should have? Get together with a partner and brainstorm important rights and freedoms you feel the people in this class are entitled to Get together with a partner and brainstorm important rights and freedoms you feel the people in this class are entitled to Keep in mind the rights and freedoms we have discussed today (and be reasonable…remember the Notwithstanding Clause – I can reject your unreasonable rights ) Keep in mind the rights and freedoms we have discussed today (and be reasonable…remember the Notwithstanding Clause – I can reject your unreasonable rights ) With your partner, make note of your top 3 With your partner, make note of your top 3 Join another pair and create a list of the top 4 Rights and Freedoms Join another pair and create a list of the top 4 Rights and Freedoms We will now decide on a class Charter We will now decide on a class Charter