Canadian Charter of Rights and Freedoms

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Canadian Charter of Rights and Freedoms
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Canada in the 21st Century

• As Canadians, we are blessed with incredible
  freedom.
• There is also a lot of hardship, evil, and more
  and more persecution. Examples
• Crime and gangs
• Abortion
• Divorce and the redefinition of family
• Pornography
• Drugs

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How did this come to be?

• One factor is that as a country, we have pushed
  God out of the public square (our courts,
  Parliament, etc).
• We have replaced God with our own standards of
  right and wrong.
• Pierre Elliott Trudeau
• 1982 Charter of Rights and Freedoms
• Becomes part of our constitution (Constitution
  Act)
• Effectively replaces the Bill of Rights

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Rights, Responsibilities, and Privileges

• What is a right?
• An entitlement, that comes from someone who has
  the authority to give it (e.g. life). Usually it
  can not be taken away.
• What is a responsibility?
• Something which must be performed as an
  obligation or duty. Responsibilities are
  necessary for rights to exist (e.g. uphold the
  life of our neighbour).
• What is a privilege?
• A benefit that comes from a particular position
  which can be removed, changed, or increased (e.g.
  holidays).

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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 doesnt believe in God, then where do
  these rights come from?

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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?

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Section Two

• Everyone has the following fundamental freedoms
  
• a) freedom of conscience and religion
• b) freedom of thought, belief, opinion and
  expression, including freedom of the press and
  other media of communication
• c) freedom of peaceful assembly and
• d) freedom of association.

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Section Three

• 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.

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Section Seven

• 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?

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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.

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Section 15

• 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.

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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 shouldnt be
  married?
• The Supreme Court of Canada
• Perhaps the highest authority in Canada
• Decides how the Charter should be interpreted.

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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.

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Classroom Charter

• Rights
• Responsibilities
• Privileges
• Judge?

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Assignment Small Group Activity

• Please answer the following questions and have
  one member of your group report on these findings
  to the class.
• In your copy of the Charter, find and highlight
  the Section of the Charter that has been assigned
  to you.
• Explain this Section in your own words.
• Who is this Section meant to protect? Give
  examples.
• What is a Christian response to this Section?
  Provide some examples, stories, or texts from the
  Bible that deal with it.
• Activity - Make a Skit
• Think of a scenario in which the right(s) in your
  Section are violated.
• Make a short skit, involving all the members of
  your small group, to act out this scenario. After
  acting out the scenario, have both sides (those
  who violated and were violated against) make
  their argument before the judge, using the
  Charter in their defence.