How Does the Charter Protect
Individual rights and Freedoms?
In this Chapter…
 We will inspect the Canadian Charter of
Rights and Freedoms
 We will explore specific cases of how the
charter protected some individuals
What is the Charter of Rights and
Freedoms?
 The Charter of Rights and freedoms is part of Canada’s
Constitution. The Constitution sets out a framework for how
Canada is to be governed
 The constitution is the highest law in Canada. All other laws
must be consistent with it
 With the charter, Canadians can challenge in court laws that
restrict their rights.
 The judicial branch makes decisions about these challenges by
interpreting how to apply the charter
 The charter gives the Canadian government the right to
restrict rights, if the restrictions are necessary to maintain
Canada as a free and democratic society.
 The War Measures Act
 Ex. The FLQ crisis, Montreal 1970
Your Individual Rights Under the
Charter
 Lets read through pgs 97-98 and come up with examples for
each individual freedom.
 What Responsibilities do you believe that people have
because of these rights?
 Complete the Cut and paste chart
What does the Charter Reflect about
Today's Society compared to the Past?
 We will be looking at some events from Canada’s
History. As we explore them, think about how
the governments actions effected the individuals
rights. How does the Charter protect these
rights today?
First Nations and the Indian Act
 In 1876, parliament passed the Indian Act. It passed without
consulting the First Nation Peoples, at a time when people of
European decent generally viewed European ways as superior
to those of the First Nation People. At points in history the
Indian Act:
 Required First Nation Peoples to obtain government permission
to wear traditional clothing
 Banned traditional Ceremonies
 Prevented First Nations from taking political action
 Forced first nation people to live on reserves
Canadian Women and the Right to Vote
 Until 1918, women were not allowed to vote or run as a
candidate in Canada
 Canadian women began campaigning in 1876, Led by
Canada's first female doctor, Emily Howard Stowe
 The idea that women should be able to vote was so radical
at the time, women's groups had to “hide”
 Toronto Women’s Literary Club
Dr. Emily Howard Stowe
Nellie MaClung
 A famous Canadian feminist who was instrumental in the
women's rights movement
 Historica minute
 “mock parliament”
Emily Murphy
 Fought to have women recognized as “persons” by the British
and Canadian government
 Historica Minute
Internment of Ukrainian Canadians
 At the beginning of World War 1 in 1914, more then 8000
people of Ukrainian and German descent who were living in
Canada were arrested and sent to camps because of their
identity.
 The Canadian Government passed the War Measures Act in 1914
which gave them the power to move people as they saw fit
 Canada and its allies were at war with Germany and AustriaHungary
 The people interned had to work as labourers, they build roads
and worked in national parks but received no wage. They were
prisoners in their own country
 In 2005 Canada’s parliament passed the Internment of Persons
of Ukrainian Origin Recognition Act, which acknowledges this
event in Canadian History
The Internment Of Italian Canadians
 During WW2, Canada used the War Measures act again to
arrest people of Italian descent and sent them to camps.
 Entire families were forced into camps and their properties
seized
 In 1990, prime minister Brian Mulroney apologized to the
Italian Community for the internment
 Some members of the community are seeking compensation.
These negotiations are ongoing
The Internment of Japanese Canadians
 On December 7th, 1941 during WW2, Japan attacked Pearl
Harbor.
 Canadians with Japanese ancestry suddenly found themselves
treated with suspicion and hatred, even though most of them
had been born and raised in Canada.
 In February 1942 Canada's government decided to move all
peoples of Japanese origin away from the west coast. Under
the war measures act, more then 200,000 men women and
children were forced to leave their communities.
 They were loaded onto trains and moved inland into camps
 Japanese peoples possessions and homes were confiscated and
they were sent to work camps in the B.C. interior. These
people were treated like enemies and hated even though
most had been born and raised in Canada.
 Relatives of the Japanese Canadians interned received
$21,000 in 2007. CBC clip
How does the Charter Affect Law
Making in Canada?
 We will read and explore how the charter affects legislation.
You will find:
 Examples of citizens who have exercised their individual rights
by challenging government legislation
 Examples of issue affecting individual rights
Group Work
 Break into 4 groups
 Each group will select one of the following examples of
legislation challenging individual rights. you must then
answer the following and present to the class
 A summary of what happened
 How the individual rights were violated
 What legislation was challenged?
 What changed
 Breaking the communication barrier- pg 105
 Always open- pg 106
 Restrictions on flying- pg 107-108
 Banning junk food ads- pg 109
How Does the Charter Affect the
Workplace?
 The charter is in place to protect the rights of Canadians in
every aspect of their lives including the workplace
 Can you think of an instance where you or someone you
know was treated unfairly at work? How can the charter
help them?
Example
 In 2001 ,4 Ontario women and 5 labour unions launched a
Charter Challenge arguing that the was discriminating against
them based on their gender
 A 1993 Ontario law required that men and women be paid the
same wage for the same job when they had equal levels of training
and experience
 The women said the province hadn’t followed through on the law
and that them and their female co-workers were owed millions of
dollars in lost wages.
 The case went to the supreme court. The women won their suit
and the Ontario government had to pay $414 million on equity
payments
 Read pg. 113- Mary Kelly
 Read pg 115- Professor Olive Dickason
 Based on the article how easy or difficult is it to issue a
charter challenge?
 Is the charter effective when it comes to protecting the
individuals rights of Canadians?
Questions to think about…
 What jobs are young people legally allowed to hold in
Alberta?
 Are their any rules that are set especially for young people?
 Do these rules violate your right to work in any way?
 What workplace issues might you encounter as a server in a
restaurant? How might the charter protect you?
Questions You Should be Able to
Answer
 How does the Charter protect individual rights and
freedoms?
 How does the Charter affect law making in Canada?
 How does the Charter affect the workplace?
Future Fright
 While watching the video, think about the following:
 Would you be willing to give up your individual rights in order
to be safe?
 What section of the Canadian Rights and Freedoms do you
think is the most expendable?