1. Unit 2 Dev. of Rights and Freedoms continued . PP #2 Mr. Andrez
CLU3M - Law
Unit 2 Dev. of Rights and Freedoms continued . PP #2
Mr. Andrez

2. The Abolition of Slavery 19th Century
For over 300 years, approximately 15 million people were captured in Africa and traded as slaves in Europe and North America
Even after the revolutions of the 18th century slaves continued to be legally defined as “property”
During the 19th century most western countries began to see the injustice in this system and abolished slavery

3. The Abolition of Slavery U.S.A. 19th Century
American Civil War ( )
people were killed
Northern / Union forces wanted to abolish slavery
Southern / Confederate forces wanted to keep it
1865, The Northern forces won, and the 13th amendment to the U.S. Constitution abolished slavery forever!

4. The Holocaust ( )
Nazi government targeted specific groups of people - Jews, the Roma (gypsies), Gays and lesbians, people with mental disabilities, members of certain religious faiths and political parties
Initially stripped of their civil rights
Striped of their human rights
Imprisoned
Executed
Totaling nearly 10 million men, women and children killed

5. The United Nations, 1945
Established in the aftermath of WWII and the Holocaust
Purpose: “to save succeeding generations from the scourge of war.”
1st step – to try to guarantee all people certain rights and freedom - Human Rights
More specific than natural rights
Established the UN Human Rights Commission
To produce a list of human rights and freedoms fro all people throughout the world
Eleanor Roosevelt holding the
Universal Declaration of
Human Rights

6. Universal Declaration of Human Rights - 1948
1st time nations around the world signed a formal agreement of specific rights and freedoms
It is however, only a vision!
Limitations of International Law?
Palestine
China

7. Human Rights in Canada after WW2
Much Canadian law is based in British Common Law (unwritten and based on custom and earlier court decisions)
Therefore, Canadians had many rights that were not written down but simply understood to exist
After the rights abuses of WW2 many Canadians believed these rights needed to be written down

8. Human Rights in Canada after WW2 Canadian Bill of Rights
PM Diefenbaker and his government passed the Canadian Bill of Rights – 1960
Set down in legislation the civil rights and freedoms that Canadians had already enjoyed under common law
CBC Archives – Clip – Bill of Rights

9. Canadian Bill of Rights continued
Criticized:
As federal (statute) it applied to only federal matters
It was a Parliamentary statute meaning it could be changed by parliament at any time
Did little to protect equality rights

10. Canadian Politics 1960s Pierre Elliott Trudeau “Just Society” 1968
Video clip “Just society
“Just Society” 1968
“State has no place in the bedrooms of the nation”
Promised greater social justice and stronger guarantees of individual rights
Prime Minister (15 yrs)
April 20, 1968 – June 4,1979
March 3, 1980 – June 30, 1984
Bilingualism – Official Languages Act, 1969
Law reforms: divorce, abortion, homosexuality, and birth control
Equality rights for Aboriginal Canadians
October Crisis, 1970

11. Introduction - Revisited
What does Canada have that many countries don’t?
Civil Rights (and freedoms) - limit the power that a government has over its citizens
Human Rights – protect people from being unfairly discriminated against by other individuals
Canadians can feel secure in almost all areas of their lives
Canadians are free because laws are passed and enforced to protect their rights and freedoms
Wealth, gender, race, age, belief, family status … are not supposed to determine how you are treated in Canada – equal under the law
“Just Watch Me” clip Contradictions? Explain? Justify?

12. Trudeau – The Constitution Act, 1982
Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms
Constitutional Law, not Statute law
Changes must be in accordance to the amendment formula
Lists civil rights and freedoms for all Canadians at all levels of government
Section 24 of the Charter details the “enforcement of guaranteed rights and freedoms”

13. Section 24: “Enforcement of guaranteed rights and freedoms”
Anyone whose Charter rights have been infringed (violated), may “apply to a court… to obtain such remedy as the court considers appropriate and just”
Any evidence presented to a court must be gathered in a manner that respects Charter rights and freedoms. Otherwise it will be excluded

14. Section 1 : Reasonable limits clause
Laws can set limits on your rights and freedoms as long as these “can be demonstrably justified in a free and democratic society
Example
You have freedom of speech yet you do not have the right to spread lies or make malicious statements that might injure another person
Violation of libel laws

15. Section 52
“Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect”
Gives Canadian courts much greater power
Purpose of the Charter: to limit the power of government
By defining the protection of rights and freedoms only in general terms
This allows the courts to determine how these ‘protections’ are to be adapted and used
Therefore, the Supreme Court of Canada (highest court) plays an important role in interpreting Canadian values and beliefs
Supreme Court Judges must balance individual rights with the needs of the community
Judges appointed, not elected

16. Section 32: Which matters are governed by the Charter
Must determine which matters are ultra vire (outside the authority of the government to legislate) and which matters are intra vire (within the authority…)
Charter does protect individual rights from being trespassed upon by the federal, provincial, and territorial governments
Is a law in violation of an individuals rights?
Charter does not cover private legal matters
Would be addressed by human rights legislation
How to Analyze a Charter Case:
Does the Charter apply?
Has a Charter right or freedom been infringed?
Does the reasonable limits clause justify the infringement?
If not, is there a remedy provided under section 24

17. Section 33: Notwithstanding Clause
Last minute addition – to ease provincial government apprehensions
The notwithstanding clause allows Parliament or a provincial legislature to pass a law violating any of these rights (section 2, 7-15)
Rarely used
Example: Ford v. Quebec (Attorney General) (1988)
Supreme Court of Canada ruled that Quebec’s Bill 101 (stating that all signs in Quebec must be in French only) violated the CCRF (Can. Charter of Rights and Freedoms).
Quebec government argued that Bill 101 was needed to ensure the survival of the French Language
Using the Notwithstanding clause, Quebec passed Bill C-178 allowing Quebec’s French-only signs to stay in effect
Legislation that used the Notwithstanding Clause can stay in effect for up to 5 years after which it must be reinacted
Notwithstanding clause cannot overrule:
Right to vote
Minority language education rights
Mobility rights

18. Homework
Read pages 50-56
Complete the graphic organizer – “Getting to know the Charter”
Answer questions 1-7 page 56
Complete Charter Scavenger Hunt