1. Human Rights

2. 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?

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

6. 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

7. Charter of Rights and Freedoms
Charter Intro #1

8. 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

9. 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

10. 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

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

12. 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

13. 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

14. 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

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

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

17. 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

18. 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)

19. 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

20. Activity Racism in the UK:

21. 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!!!!

22. 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

23. 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

24. 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

25. 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!!!!

26. 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

27. “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.

28. 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

29. 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

30. 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)

31. 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

32. 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?

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

34. 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