Transcript Canadian Charter of Rights and Freedoms

Canadian Charter of Rights
and Freedoms
Chapter 11 and 12, pgs. 270-313 from Counterpoints
Describe major provisions of the Canadian
constitution, including the Canadian
Charter of Rights and Freedoms, and
assess its impact on Canadian society
 Will learn about:

◦ Precursors to the Constitution (BNA Act, Bill of
Rights)
◦ notwithstanding clause, amending formula
◦ Charter rights and fundamental freedoms
(equality, mobility, legal rights, language
rights, education)
◦ Examples of the impact of the charter on
society
Today’s Objectives

What is the Constitution of Canada?
◦
◦
◦
◦
The supreme law in Canada
A collection of traditions, conventions, and acts
Outlines the Canadian system of government
Outlines the civil rights of all Canadian citizens, and
those in Canada
◦ The current Constitution was defined in the
Constitution Act of 1982
 The original Canadian Constitution was the British
North America Act (BNA Act) of 1867 when Canada
became an independent nation
The Constitution

BNA Act (1867):
◦ An Act of British parliament
◦ Created the Dominion of Canada out of three
provinces (Nova Scotia, New Brunswick,
Province of Canada)
◦ Allowed for more colonies to join in the future
◦ Outlined Canada’s system of government
(British Parliamentary System combined with
federalism)
◦ Stills stand as the primary guideline that
divides power between the provincial and
federal governments
Difference between the two?

Constitution Act (1982):
◦ Endorsed by all provinces except Quebec
◦ Act that achieved full and final political
independence from Britain
◦ Established the “amending formula” for
changing the Constitution
 prior: disputes between provincial and federal
governments, needed British approval for changes
◦ Created the Canadian Charter of Rights and
Freedoms
 Outlines civil rights and liberties of Canadians
such as freedom of expression, religion, and
mobility
Difference between the two?
Read about Human Rights in Chapter 12,
pages 292-307
 Answer the question in a short paragraph
due for Thursday:

◦ “What are human rights?”
◦ Describe one aspect of Human Rights that is
the most important to you, and explain why.
Homework

The fundamental rights and freedoms of
the charter include:
◦ Fundamental Freedoms (conscience, religion,
thought, belief, expression, peaceful assembly,
and association)
◦ Freedom of Equality
◦ Freedom of Mobility (handicapped)
◦ Language rights
◦ Legal rights
◦ Education rights
Charter Rights and Fundamental
Freedoms
Section 33 of the Charter gives federal
gov’t an escape clause called the
notwithstanding clause (nws clause)
 Allows gov’t to pass a law even if it
violates a specific freedom or right
guaranteed in the Charter
 Expires after 5 years, but may be
renewed
 Why do we have this clause?

The Notwithstanding Clause

Was a compromise:
◦ Some politicians felt the Charter (interpreted
by judges) would weaken the power of elected
lawmakers
◦ Clause gave back some power to them

Some people think the clause weakens
the Charter
◦ Government could override the Charter
whenever it wanted

To date, only been used twice
Reasons for the notwithstanding
clause

Saskatchewan:
◦ Used the nws clause to protect a law that
ordered striking workers back to work
◦ Courts ruled the back-to-work law didn’t violate
the Charter anyway, so nws clause was not
necessary

Quebec:
◦ 1976, Parti Quebecois passed Bill 101, the
“Charter of the French Language”
◦ Made French only official language in Quebec
◦ Supreme court ruled that the Bill was
unconstitutional, so Quebec used the nws
clause to override the courts decision and kept
the bill
Examples of use of NWS clause
The amending formula is the process by
which the Canadian Constitution can be
changed legally
 The amending formula is as follows:

◦ For a change to be made to the Constitution, at
least 7 of the 10 provinces representing 50%
of Canada’s population must agree to the
change
◦ *This meant that as long as Ontario agreed to
a change, Quebec could be excluded
◦ *Because of this, Quebec has refused to sign
the Constitution (remember the “Kitchen
Compromise”?...pg. 200 in text)
The Amending Formula
Answer the scenarios in question #2,
page 304 of your textbook
 Write a paragraph about your opinion on
the notwithstanding clause

◦ Is it necessary?
◦ Describe a situation when the nws clause might
be useful
◦ Describe a situation where the nws clause
might be used for a negative purpose
Assignment
The Charter and its
Impact on Society

give examples of the impact of the
Charter on Canadian society
Today’s Objectives
Since 1982, Canadians have had the right
to challenge in court any law they believe
violates their rights outlined in the
Charter
 The Charter offers Canadians a chance to
stand up for their rights, even against
powerful governments

How has the Charter effected
society?

The Charter includes fundamental
freedoms such as freedom of:
◦ Conscience, religion, thought, belief,
expression, peaceful assembly, and association

Before the Charter, the federal
government could restrict or deny these
freedoms
◦ Example: 1907 Lord’s day act restricted
shopping on Sundays (violated freedom of
religion)
◦ Example: 1970 during October crisis,
government induced the War Measures Act
(restricted freedom of assembly, association,
and expression
Fundamental Freedoms

The Charter guarantees equality “before
and under the law”
◦ “before the law” means every individual must
have access to the courts
 If somebody cannot afford a lawyer, one is
provided to them
◦ “under the law” means all laws passed by
government must treat every individual equally
 Laws cannot discriminate against individuals
based on race, national or ethnic origin, colour,
religion, sex, age, or mental or physical disability
Equality Rights

John and Linda Warren:
◦ Deaf parents who had twin daughters
◦ During child birth the babies had some
complications, but nobody at the hospital could
properly communicate to the Warrens what
was happening
◦ The Warrens were very worried
◦ The federal government ruled that the failure
to provide sign language interpreters denied
deaf people equal benefits
◦ Now, all public institutions must have
interpreters available
Case study 1 (page 300)

Federal and provincial governments deal
with different areas of human rights
◦ Federal: media, airlines, banks, postal system,
businesses
◦ Provincial: employment, tenancy, institutions
Federal and Provincial Legislation

BC Human rights code protects you
against discrimination on grounds of:
◦ Age (19 to 65), ancestry, colour, family/marital
status, physical/mental disabilities, place of
origin, political belief, race, religion, sex, or
sexual orientation

Code includes employment, tenancy,
property purchase, accommodation,
services and facilities available to the
public, and hate propaganda
BC Human Rights Code

Cannot be refused work or promotion
based in age or any other grounds listed
in the code, such as:
◦ Cannot refuse to hire a person with a criminal
record if the crime is unrelated to the job
◦ Requires equal pay for work that is similar
Employment
Tenant: a person who rents their home
 A landlord cannot refuse to rent to you
based on your source of income

Tenancy
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You cannot be denied accommodation,
service, or use of a public facility, with two
exceptions:
◦ Public washrooms and change rooms can be
designated male or female only
◦ Insurance companies can take into account
your sex, and physical/mental health when
calculating insurance costs
Accommodation, services, use of
facilities
People are protected against
hate propaganda, meaning, a
person cannot display any
notice, sign, symbol, emblem,
or other representation that
exposes a person to hatred or
contempt
 If a person complains, the BC
Human Rights Commission
can take the violator to court
if the complaint is justified

Hate propaganda
Rights provided to most Canadians were
until recently not provided to Aboriginals
 Aboriginal rights are now equal to all
Canadians, but many Aboriginal groups
still suffer from poverty, poor health, and
inadequate housing and education
 The Charter allows for the elimination of
injustices that existed for Aboriginals
before the Charter was created

Aboriginal Rights
Lavell versus Regina
 Let’s read this case about Aboriginal
Rights on page 305 of the text

Case Study 2 (page 305)

Section 15 of the Charter
provides guarantees against
discrimination based on sex,
but problems still exist
◦ Women often
underrepresented in many
professions
◦ Women often paid less than
men for similar work (see
Figure 12-13)
 Womens wages are rising, but
still lower than men
 Women account for 70% of
part-time jobs in Canada, which
provide fewer benefits
Gender Equality in the Workplace
Many employers are now making an effort
to hire more employees from minority
groups, who have disabilities, or who are
female
 This can lead to situations such as the one
found in this newspaper headline:

◦ “Universities hiring, but white males need not
apply”
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Is this fair?
◦ Many argue this is “reverse discrimination”
Preferential Hiring Policies
1995, Tawny Meiorin lost her job as a
forest firefighter because she took 49.4
seconds too long to finish a 2.5 km run
 Lets read the case on page 308
 Do you agree with the decision?
 Why or why not?

Case Study 3 (page 308)
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Childrens rights are based on 4 guiding
principles: (Figure 12-16)
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1)
2)
3)
4)
Non-discrimination
Best Interests of the Child
Survival and Development
Participation
Key points of Childrens rights include:
◦ Have same fundamental freedoms as adults
◦ Should not be separated from their parents
unless it is in the childs best interest
◦ Have the right to high standards of health
◦ The right to education, which should be
provided for free (primary education)
Childrens Rights
Create a poster that represents the idea
of equality
 You should include several aspects of
equality including equal rights based on:
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◦ Race, sex, age, religion, colour, etc.
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Due date: Next Tuesday at the start of
class
Assignment