Chapter four

1
Rights, Freedoms Responsibilities

• Chapter four

2
Canada is top-rated

• Since 1992, the United Nations has ranked Canada
  as one of the best countries in the world to live
• One reason is because we enjoy rights freedoms
  that are guaranteed by law
• This was not the case until 1960 with the
  Canadian Bill of Rights
• They werent protected laws though
• Only with the Canadian Charter of Rights and
  Freedoms (part of the Constitution) did we have
  rights freedoms protected by law.

3
Know your rights exercise them

• Whats the difference between a right and a
  freedom?
• Do we all get the same rights / freedoms?
• Should there be limits to these rights and
  freedoms?

4
Whats The difference?

• A right is a legal, moral or social entitlement
  that citizens can expect, mainly from the
  government
• A freedom is the right to conduct ones affairs
  without governmental interference(freedom is a
  right).

5
A right is a little like a promise

• You have a duty or obligation to try and uphold
  it.
• The Charter is a list of promises the state makes
  to its people
• There is more security with the promises under
  the Charter because they are protected by law.
• We are entitled to seek protection from the court
  when we feel our chartered rights have not been
  protected.
• The Court can force the state to uphold its
  bargain

6
There are limits though

• The Charter provides some legal ways for the
  state to break the rules.
• Under Section 1 of the Charter, for example, the
  state may limit a Charter right if it can show
  good cause or reason.
• What is good reason? First, it has to be written
  in a law and secondly, it must be shown to be
  justifiable in a free and democratic society
• For example, sometimes in the case of drug
  possession, the onus is on the defendant to prove
  the drugs were for personal use, not for sale,
  BECAUSE the limit allowed that in a just and
  democratic country, we oppose drug trafficking.

7
Universal Declaration of Human Rights / United
Nations

• This very important document was passed in in
  1948
• It gives broader recognition to human rights
• It recognizes the equal and inalienable
  (guaranteed entitlements) of ALL member of the
  human family
• Thought
• Expression
• Conscience
• Religion
• Peaceful assembly
• Association
• EQUAL rights of men and women
• The right to be presumed innocent
• Education rights
• Freedom from torture or inhumane treatment

8
Right to write

• http//www.amnesty.ca/writeathon/?page_id30
• http//www.amnesty.ca/writeathon/?page_id3384
• Go to the website, read some of the cases.
• Pick two and write letters for each and submit
  them.
• I am sending all letters.

9
Evolution of rights in CanadaSurprised by any
of these dates?

• 1833 Slavery is abolished
• 1884 Cultural and Religious ceremonies such as
  the potlatch outlawed under the Indian Act
• 1916 Manitoba gives women right to vote in their
  provincial elections
• 1918 Women are given right to vote in federal
  elections
• 1921 Quebec court upholds the right of a theatre
  owner to refuse to allow a black patron to sit in
  the orchestra seats
• 1928 Alberta passes the Sexual Sterilization Act,
  ordering the steralization of patients in
  psychiatric hospitals

10
More

• 1928 Supreme Court of Canada decides that the
  word person does not apply to women
• 1929 The ruling is challenged to the Privy
  Council in England, which rules that women are
  persons
• 1942 Japanese Canadians are forcibly removed from
  their homes and sent to detention camps
• 1950 Supreme Court rules that Jehovahs Witnesses
  can distribute religious pamphlets
• 1956 Female Employees Equal Pay act
• 1960 Status Indians granted the right to vote in
  federal elections
• 1960 Canadian Bill of Rights

11
Canadian Bill of rights

• Recognized
• The rights of individuals to life, liberty,
  personal security and enjoyment of property
• Freedom of religion, speech, assembly,
  association
• Freedom of the press
• The right to counsel and the right to a fair
  hearing

12
Bill had its limitations

• It was federal, so applied to matters only under
  federal jurisdiction
• The provinces could rule as they like
• It did not take precedence over other statutes
• If there was a conflict, a judge would rule
• It could be amended by a vote in the House of
  Commons

13
Pierre Eliot Trudeau

• Trudeau as prime minister and did not believe the
  Bill of Rights was thorough enough
• He had it ENTRENCHED in the constitution
• This would ensure the rights would be protected,
  regardless of who was in power
• It also meant the rights became constitutional
  law, so protected, and could override all other
  laws
• All laws enacted by provincial or federal
  governments HAD to be consistent with the Charter
  of Rights and Freedoms (in the constitution)

14
The NotWithstanding Clause

• Section 33 of the Charter of Rights and Freedoms
  is known as the notwithstanding clause
• It gives the government limited power to pass
  laws that are exempt from s.2 (the fundamental
  freedoms) and ss.7 to 15 (the legal and equity
  rights of the Charter)
• The exemption can only remain in effect for up to
  five years

15
Ford v. Attorney General1988

• This was one of the first times the
  notwithstanding clause was used (and successful)
• The Supreme Court of Canada ruled that Quebecs
  Bill 101, which required all public signs to be
  in French only, was invalid because it infringed
  on s.2(b) (freedom of expression)
• The Quebec Government introduced another bill
  (C178) invoking the notwithstanding clause to let
  the French only law stand.

16
The controversy Around the Clause

• Supporters think it puts power where it should
  be, in the hands of the elected officials who can
  be voted out if they misrepresent what people
  want (they can invoke the clause)
• Critics say that the rights are too important to
  be left to politicians.
• They think the courts should protect the rights
  and freedoms of Canadians.
• What do you think?
• BTW, in 1993, The United Nations ruled that the
  French only sign law violated the international
  statute of freedom of expression. Bilingual
  signs are now allowed, but the French must be
  twice as large as the English.

17
Sexual Sterilization Act

• Read this case (page 82 from Law in Action) and
  answer the questions.

18
The Charter Whats the Controversy?

• It gives the courts broad new powers.
• If a court finds any provincial, territorial or
  federal law trespasses on rights protected by the
  Charter, it can strike down the law or rule
• Some Supreme Court rulings have been extremely
  controversial.

19
R. v. Silveira (1995)

• The court upheld a conviction for cocaine
  trafficking, even though the police unfairly
  searched the accused and abused his
  constitutional rights. The court argued that
  because cocaine use has such a devastating effect
  on society, an illegal search would not offend
  the Canadian public. In the same year, in R. v
  Collins, R v. Pelfrey, the Court dismissed murder
  charges against two men saying that they had been
  unfairly denied their Charter right to a speedy
  trial.

20
R. v. Oicle (2000)

• The Court ruled as admissible a confession made
  by a man who had set several fires. Police had
  extracted the confession through threats,
  promises and trickery during hours of
  interrogation, contrary to the Charter. The
  Court decided that the threat the suspect posed
  to the public safety justified this kind of
  police action.

21
On One Side

• Many Canadians believe that the Supreme Court of
  Canada has become too powerful and that it is
  time to reexamine the role that the justices
  hold.
• They oppose the idea that nine appointed judges
  can overrule the laws made by elected
  representatives.
• Also, some people think the Supreme Court is
  protecting individual rights at the expense of
  the needs of society. They say the Charter
  threatens the welfare of Canadians because it
  guarantees too many individual rights.

22
On the other Side

• Many Canadians support the Charter because it
  protects their rights and freedoms from
  government interference
• They think the courts can respond to the changing
  social attitudes and beliefs more quickly than
  elected governments
• Politicians, they say, avoid passing
  controversial laws because they want to get
  re-elected.
• Supreme Court judges, they say, feel obligated to
  make such changes.

23
Section 2 Fundamental Freedoms

• Freedom of Conscience (personal sense of right
  and wrong) and Religion
• As a Canadian, you can practice or not practice
  religion in Canada, with fear of attack or
  criticism
• Its lead to lead dispute.
• For example, some people have objected to having
  to work on religious holidays. Others have
  objected to religious prayer in schools.
• The Courts have ruled that governments can impose
  limits on freedom of religion, as long as those
  limits do not break fundamental beliefs of the
  religion.

24
Calgary Teen to Appeal Transfusion

• Read this case (page 87) Law in Action and answer
  the questions

25
Section 2 Freedom of Thought, Belief, Opinion
Expression

• This includes all forms of communication and
  expression, including the mass media, writing,
  painting, sculpture and film.
• Of course, there are limits to this freedom.
• For example, the Criminal Code outlaws inciting
  hatred toward identifiable groups, which are
  sometimes targeted because of race, color,
  religion, and so on.
• As well, sometimes, to ensure a fair trial,
  sometimes courts will impose a ban on the media.
• Governments also use censorship laws, which ban
  or limit the availability of materials that are
  found to be obscene. (Movies are rated, for
  example, to protect the communitys moral
  standards).

26
Abury v. Editions Vice-Versa Inc

• Read this case, page 51, All About Law.
• Answer the questions

27
R.V. Keegstra

• Read this case, page 51, All About Law.
• Answer the questions.

28
Section 2 Freedom of peaceful assembly and
freedom of association

• Its usually associated with the right to hold or
  attend a public demonstration.
• Also includes the right of striking workers to
  picket outside their place of work.
• The word peaceful is very important to
  understand. It allows the state to impose order
  if it decided a demonstration is out of control.
• The Criminal Code prohibits unlawful assembly.
  This occurs when three or more people who share
  the same purpose create a disturbance that
  creates fear in others. If it becomes violent,
  people are hurt, causes damage or looting takes
  place, it may be defined as a riot.
• They can be read The Riot Act and if they refuse
  to leave, they can be arrested and charged.

29
The Occupy Movement 2011

• http//halfanhour.blogspot.com/2011/10/occupy-nb-m
  oncton.html

30
How is the Freedom of Peaceful Assembly used
Today?

• Find an example of a group using a public space
  to express their concerns.
• Cut out the article.
• Write a summary (who, what, when, where, why)
• Do you think, in this case, the group is within
  their rights? Why or why not?

31
Lavigne v. Ontario public service employees
Union, 1991

• Read this case, page 89, Law in Action.
• Answer the questions.

32
Sections 3, 4 and 5 Democratic Rights

• Before 1982, the right to vote was not guaranteed
  in law in Canada
• Today, sections 3, 4 and 5 of the Charter
  guarantee the democratic rights of Canadians.
• Voting rights (section 3) are not unlimited they
  can be restricted on such grounds as age,
  residency, and citizenship.

33
Section 6 Mobility Rights

• You may take it for granted that you can move
  freely inside and outside Canada.
• Section 6 of the Charter guarantees these rights,
  but they are not absolute.
• The rights are for Canadian citizens and
  permanent residents
• Sections 6 (3) and 6 (4) recognize the right of
  provinces to impose restriction on mobility. For
  example, newcomers may have to reside there for a
  time before they can collect welfare provinces
  can also restrict the number of newcomers for
  economic reasons.

34
Should inmates be allowed to Vote?

• Read this case, page 91 in Law in Action, and
  answer the questions.

35
Section 7-14 Legal Rights

• These legal rights (guaranteed in the Charter)
  are discussed in the Criminal Law unit
• Life, Liberty and Security of Person.
• Read R. v. Askov page 97 of Law In Action

36
Sections 15 28 Equality Rights

• Section 15 is probably the most controversial.
• There were great negotiations about what
  equality meant
• 15(1) guarantees that every individual has the
  right to equal treatment by the law. They are
  entitled to be treated in particular, without
  discrimination based on race, national or ethnic
  origin, color, religion, sex, age or mental or
  physical disability.

37
In Particular

• In particular means that the list does not
  cover every basis of discrimination. You could
  also claim discrimination on something that is
  unlisted, such as sexual orientation.
• Equality rights can be restricted if it is
  believed the controls are fair in a free and
  democratic society.
• For example, you can only vote, get your drivers
  license and sign contracts at a certain age.

38
Section 15 (2)

• This section allows for affirmative action
  programs.
• They are meant to improve conditions for
  individuals or groups that are disadvantaged
  because of race, national or ethnic origin,
  color, religion, sex, age or mental or physical
  disability.
• Its felt that without this subsection, these
  programs would be constantly challenged in court
  as discriminatory.

39
Section 28

• This section was added to the Charter so that the
  equality of the sexes would be in the
  Constitution. The notwithstanding clause does
  not apply to section 28.

40
Little sisters Book and Art Emporium

• Read this case (page 54 )in All About Law and
  answer the questions.
• Read Florists Refusing to provide flowers for
  same-sex nupitals

41
Section 16-22 Official Languages

• These Charter sections outline the status of
  English and French as Canadas two official
  languages.
• They state that both languages have EQUAL
  importance in Parliament in all Canadas
  institutions.
• Laws must be printed in English and French
• Canadians also have the right to use either
  language when dealing with federal government
  offices where there is sufficient demand for
  bilingual services.

42
Mounties NB service must be bilingual

• Read the article and discuss.
• 2. Read Arsenault-Cameron v. Prince Edward
  Island and answer the questions (page 55), All
  About Law

43
Section 23 Minority language education rights

• Some of the most violent events in Canadian
  history have resulted from language disputes.
• The Charter is very careful to et out rights for
  minority language education
• These rights apply to Canadas official
  languages, and only to Canadian citizens.
• Because education is a provincial matter, each
  province decides whether to provide education in
  a minority language other than French or English.
• Its a numbers game a province will provide
  education only where there is a sufficient
  number of people who want it. Each province sets
  the number at which it calculates the expense of
  public funding is justified.

44
Section 25 Aboriginal Rights Freedoms

• This section states that the Charter rights
  cannot interfere with the treaty rights of the
  First Nations, Inuit and Metis peoples of Canada
  or with any land claims.
• The Charter also guarantees the existing rights
  of Aborginal peoples. The rights, though, are
  not listed because Aboriginal leaders and
  Canadian politicians could not agree.
• They met again in 1983 but little was decided.
  They did agree that Aboriginal and treaty rights
  would apply to both genders.

45
Section 27 Multicultural Heritage rights

• This section directs governments and courts to
  consider Canadas multicultural background and
  peoples when making and interpreting laws.