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Canadian Charter of Rights and Freedoms

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Presentation on theme: "Canadian Charter of Rights and Freedoms"— Presentation transcript:

1 Canadian Charter of Rights and Freedoms

2 What is it? The basic rights and freedoms to which all citizens of Canada are entitled. Was enacted in 1982 as apart of the new Constitution that was signed by Prime minister Pierre Elliot Trudeau and Queens Elizabeth 

3 What are my rights as a citizen?
If you are a Canadian citizen, your rights include: Democratic rights (for example, the right to vote) Language rights Equality rights Legal rights Mobility rights Freedom of religion Freedom of expression Freedom of assembly and association The Canadian Charter of Rights and Freedoms gives you these rights. In Ontario, the Ontario Human Rights Code also gives you rights. Citizens also have the right to apply for a Canadian passport. A Canadian passport allows you to return to Canada at any time after travelling or living abroad. Fundamental rights

4 Do I have responsibilities as a citizen?
As a Canadian citizen, you also have responsibilities: To respect the rights and freedoms of others To obey Canada's laws To participate in the democratic process To respect Canada's 2 official languages and multicultural heritage You can read Rights and Responsibilities in Canada to find out more about your rights in Canada, and your rights as a Canadian citizen.

5 Charter Preamble “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:” Supposed to set the context for the rest of the Charter. Is now referred to as the “embarrassing preamble” and ignored. But if rights require a rights-giver, and if our country doesn’t believe in God, then where do these rights come from?

6 Section One “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Even rights have limits Can you think of examples?

7 Fundamental Freedoms The Charter guarantees four fundamental freedoms
Religion Expression Peaceful Assembly Association These rights apply to everyone

8 Section Three DEMOCRATIC RIGHTS
“Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.” All citizens have the rights to vote and stand for office A democratic representative in a democratic government Must be 18 years of age Prisoners have right to vote as well

9 MOBILITY RIGHTS Every citizen of Canada has the right to enter, remain in and leave Canada. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province.

10 Section Seven LEGAL RIGHTS
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Who does this apply to? Protection of liberty, life and security of oneself Rights when arrested Innocent until proven guilty/right to an attorney The right to know the offence you have been charged with The right of protection from unreasonable search and seizure Treated fairly in the justice system

11 Sections 8-10, 12 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; … 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

12 Section 15 EQUALITY RIGHTS
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

13 Official Languages of Canada
English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. Labels are appropriately in both languages

14 Minority Language Educational Rights
 Citizens of Canada whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.

15 Section 25 ABORIGINAL RIGHTS AND FREEDOMS The guarantee of certain rights and freedoms shall not be construed from previous treaties or other rights or freedoms that pertain to the aboriginal peoples of Canada including: Any rights or freedoms that now exist by way of land claims agreements or may be so acquired the determination of self government

16 Section 27 Multicultural heritage
This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. Canadian Multi-Culturalism Act of

17 Important things to remember
The Charter is meant to protect people from actions by our governments. What happens when rights conflict? E.g. a minister being asked to perform a wedding for a couple that he believes shouldn’t be married? The Supreme Court of Canada Perhaps the highest authority in Canada Decides how the Charter should be interpreted.

18 Dangers from the Charter
The vague wording gives a lot of power to judges to interpret it as they see fit. They tend to interpret it using a humanist worldview. Judges and courts are given the power to trump what Parliament says. Focused on “me first” at the expense of the vulnerable. Lacks a moral foundation.

19 Classroom Charter Rights: Responsibilities: Privileges: Judge?

20 For more information……
Canadian Heritage - This website promotes understanding of Canadian citizenship values. Provides information on multiculturalism, our official languages and Canadian sports, arts and heritage. Citizenship and Immigration Canada (CIC) Offices Abroad - This is a listing compiled by Citizenship and Immigration Canada of missions abroad that process immigration applications. Cultural Access Pass for New Citizens - As a new Canadian citizen, you can use this pass to visit many cultural institutions in your region for free. This program was launched by the Institute for Canadian Citizenship. Dual Citizenship - This fact sheet, produced by Citizenship and Immigration Canada, provides information on dual citizenship


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