1. Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms

2. Canadian Bill of Rights The first attempt to codify rights and freedoms across Canada The first attempt to codify rights and freedoms across Canada A statute enacted in 1960 under PM John Diefenbaker. A statute enacted in 1960 under PM John Diefenbaker.

3. The Bill’s Limitations it was a federal statute and it applied only to matters under federal jurisdiction. it was a federal statute and it applied only to matters under federal jurisdiction. had the same status as other statutes. had the same status as other statutes. –It did not take precedence over any other statute. –It did not take precedence over any other statute. –It could also be amended, or even eliminated by a majority vote in the House of Commons.

4. Canada’s Constitution When Canada's Constitution was patriated in 1982, the Constitution Act included the Canadian Charter of Rights and Freedoms. When Canada's Constitution was patriated in 1982, the Constitution Act included the Canadian Charter of Rights and Freedoms. –Ensures that people are protected, regardless of the government in power. –Ensures that people are protected, regardless of the government in power. –Also means that these rights and freedoms become constitutional law, which overrides all other laws.

5. Not all premiers agreed with entrenching rights and freedoms in the Constitution. Not all premiers agreed with entrenching rights and freedoms in the Constitution. –Some felt that entrenching certain rights and freedoms would reduce the law-making powers of Canadian governments. –Some felt that entrenching certain rights and freedoms would reduce the law-making powers of Canadian governments. This resulted in…

6. The Notwithstanding Clause gives the federal government and provincial governments limited power to pass laws that may violate freedoms or rights in the Charter (s 2 and s 7 to 15 of the Charter). gives the federal government and provincial governments limited power to pass laws that may violate freedoms or rights in the Charter (s 2 and s 7 to 15 of the Charter). 5 Year Limit 5 Year Limit

7. Example of the Notwithstanding Clause Quebec's Bill 101 Quebec's Bill 101 –required all public signs to be in French only –the Supreme Court of Canada ruled that Quebec's Bill 101 was invalid because it infringed on freedom of expression. –the Supreme Court of Canada ruled that Quebec's Bill 101 was invalid because it infringed on freedom of expression. –The Quebec government responded by bringing in another bill and invoking the notwithstanding clause to allow the "French only" law to stand.

8. The Canadian Charter of Rights and Freedoms Jurisdiction, Enforcement and Guarantee

9. Jurisdiction Define the relationship between people, organizations, and companies in Canada and the government. Define the relationship between people, organizations, and companies in Canada and the government. Does not have jurisdiction to protect your rights if discrimination occurs in situations that do not involve the government. Does not have jurisdiction to protect your rights if discrimination occurs in situations that do not involve the government. –For example, if a superintendent refuses to rent you an apartment because she does not like your looks, you cannot rely on the Charter. Protection in this situation should be sought under a provincial human rights code.

10. Enforcement The Supreme Court of Canada: The "guardian of the Constitution" The Supreme Court of Canada: The "guardian of the Constitution" –The nine justices that make up the Supreme Court –Responsible for interpreting and enforcing the Charter. –Responsible for interpreting and enforcing the Charter.

11. Guarantee Section 1 guarantees our rights and freedoms, but makes it clear that they are subject to “reasonable limits.” Section 1 guarantees our rights and freedoms, but makes it clear that they are subject to “reasonable limits.” –Eg. The Charter guarantees freedom of expression, but hate literature causes such great harm that a limit on it may be regarded as acceptable by society.

12. Guarantee cont’d – Reverse Onus Reverse Onus – The burden of proof is on the accused, who must disprove an essential element of an offence. Reverse Onus – The burden of proof is on the accused, who must disprove an essential element of an offence. In other words, the accused must prove that he or she did not commit the offence instead of the Crown needing to prove that the accused did commit the offence. In other words, the accused must prove that he or she did not commit the offence instead of the Crown needing to prove that the accused did commit the offence. Reverse onus breaks the rule of "innocent until proven guilty" contained in Charter s. 1 l(d), a concept fundamental to Canada's legal system. Reverse onus breaks the rule of "innocent until proven guilty" contained in Charter s. 1 l(d), a concept fundamental to Canada's legal system.

13. Charter rights and freedoms are divided into a number of categories: Fundamental Freedoms Fundamental Freedoms Democratic Rights Democratic Rights Legal Rights Legal Rights Equality Rights Equality Rights Official Languages Official Languages Minority Language Educational Rights Minority Language Educational Rights

14. Fundamental Freedoms (Section 2) Guarantees certain rights and freedoms, while making it clear that these rights and freedoms are not absolute. They are subject to reasonable limits. Guarantees certain rights and freedoms, while making it clear that these rights and freedoms are not absolute. They are subject to reasonable limits. These include freedom of: These include freedom of: –conscience and religion –thought, belief, opinion and expression, including freedom of the press and other media of communications –peaceful assembly and association

15. Rights Certain rights are now guaranteed that, in the past, may only have been recognized through ordinary statutes. Certain rights are now guaranteed that, in the past, may only have been recognized through ordinary statutes. No right, however, is absolute. No right, however, is absolute.

16. Democratic Rights (Sections 3, 4 and 5) right to vote right to vote maximum duration and sitting of legislative bodies maximum duration and sitting of legislative bodies

17. Mobility Rights (Section 6) the right to move to and live in any province the right to move to and live in any province the right to pursue a livelihood in any province the right to pursue a livelihood in any province

18. Legal Rights (Sections 7-14) Sections 7 to 11 of the Charter cover all areas of criminal law-from investigating a crime, ensuring procedural fairness at trial, and deciding about use of evidence through to sentencing convicted offenders. Sections 7 to 11 of the Charter cover all areas of criminal law-from investigating a crime, ensuring procedural fairness at trial, and deciding about use of evidence through to sentencing convicted offenders.

19. Legal Rights cont’d life, liberty, and security of the person life, liberty, and security of the person security against unreasonable search and seizure security against unreasonable search and seizure no arbitrary detention or imprisonment no arbitrary detention or imprisonment be informed promptly for the reasons for any arrest or detention be informed promptly for the reasons for any arrest or detention retain and instruct counsel on arrest retain and instruct counsel on arrest trial within a reasonable time by an impartial tribunal trial within a reasonable time by an impartial tribunal the presumption of innocence the presumption of innocence no self -incrimination no self -incrimination no cruel and unusual punishment no cruel and unusual punishment the right to a court-appointed interpreter the right to a court-appointed interpreter

20. Equality Rights (Section 15) equal treatment before and under the law equal treatment before and under the law 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 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

21. Language Rights Language rights in the Charter affirm that Language rights in the Charter affirm that –English and French are the official languages of Canada –minority language education rights in certain circumstances