CLN 4U1
Human Rights Unit
Independent Assignment
“Rights are links in a chain of fundamental values that bind individuals in
society” Clifford Lincoln”
The following tasks will be completed with the use of five class periods.
1.
From the website, read and take notes on: Concept of Human Rights and
Human Rights in Canada
2. Read and answer the question(s) that follow the case R.v Oakes in page 134-135
found in your textbook.
3. From the Oakes Test Application sheet, select one of the cases and write a 1-3
page decision on its constitutionality. Your decision must include application of
Oakes Test and make reference to the balance between the rights of individual
and the needs of society.
4. Read and answer the questions for the following issues in the text:
a. Appointing our Judges on pages 146-148
b. The Extent of Human Rights Coverage on pages 176-178
5. Please review the four cases attached and complete the following task(s): using
the following cases, apply the Oakes Test to decide whether nor not the
legislation described is constitutional or unconstitutional. Be sure to identify the
applicable Charter sections and a rationale for the answer to each question
6. Your culminating task for this unit will be to prepare and present a case to the
Supreme Court of Canada. The case you will select will have already been
presented to the Supreme Court of Canada. You will present the arguments
previously used, but you must now use the Oakes case as your
measurement/bench mark of Human Rights in Canada. The case you work on
can only be used after your teacher has approved the case. You will work in
groups of four, two students will be the complainant and two students will be
the respondent. You will receive a teacher guided lesson on how to navigate
the Supreme Court of Canada website.
7. There will be a quiz on this unit on Tuesday April 7th 2009, and your oral
arguments will begin on Wednesday April 8th-Thursday April 9th 2009.
Canadian Charter of Rights and Freedoms Oakes Test Applications:
Using the following four cases, apply the Oakes Test to decide whether or not the
legislation described is constitutional or unconstitutional. Be sure to identify the
applicable Charter sections and a rationale for your answer to each question in the test,
necessary to complete question # 5, in your independent unit.
1. A mall is forced to undertake expensive renovations to make it accessible for
individuals with physical challenges
2. The Federal government passes a law that bans pornographic materials and music
such as Lil Wayne, Marilyn Manson and Luke
3. Affirmative action programs, which are intended to aid minority groups, should be
considered unconstitutional because they discriminate against the majority.
4. According to Federal Law, inmates are unable to vote or run for election.