Protects our freedom of religion, assembly, thought, belief, expression, association, legal rights,
mobility, democratic, equality
The Charter applies to one’s civil rights – rights guaranteed by the government to its citizens
Limitation of our Rights and Freedoms
s. 1 – Reasonable Limits Clause – legally allows a government to limit an individual’s Charter Rights
through applying the Oakes test
s. 33- Notwithstanding Clause – allows provincial parliaments to override certain rights and freedoms
applies only to s. 2 and 7-15 of the Charter expires after 5 years
What is the benefit of the Charter?
Rights cannot be overridden frivolously – subjected to amending formula
Provides basic rights and freedoms to all Canadians
Constitutional law – supreme law – overrides federal and provincial laws
Criticisms of the Charter – too many individual rights decided by judges
Some rights may conflict with each other
Costly – court process
Civil rights protect people from discrimination by the government whereas human rights protect people
from discrimination by other people in areas of goods, services, employment and housing
Charter Remedies: if our civil rights are violated by the government – the courts can:
Read Down the law – law is constitutional except in the current case before the court eg Gloria taylor
case
Read in the law – words are added to existing laws to make it comply with the constitution – eg alberta
legislation granting same sex benefits
Strike Down the law – law no longer in effect or valid – prostitution, abortion
Chapter 6 Human Rights
Stereotype – preconceived judgment about a group of people eg all Asians are smart in math
Prejudice – action on the stereotype (apply the stereotype to a specific person) eg Lee is good at math
because he is Asian
Discrimination – treating someone differently because of prejudice - We are not going to hire Lee for a
non-math job because he is Asian
History of human rights – after WWII
List the 3 main functions of the human rights commission:
See powerpoint
4 exception:
1. Family exceptions – can hire only family members or family members above someone else
2. Bonafide Occupational Requirement – eg needing a hard hat on construction site – allows
employers to discriminate if it is reasonable and necessary
3. Affirmative action – programs designed to attract minority groups for the purpose of bettering
conditions for a disadvantaged group eg males accepted in nursing over females
4. Association objectives - special interest groups or associations that exist for the benefit of
disadvantaged groups may discriminate based on these objectives eg Aboriginal rights groups
may discriminate by hiring aboriginal people over others
How does one seek a remedy for human rights? OHRC powerpoint
Inalienable rights – rights so basic to a person that they should not be taken away – eg freedom of
expression
Entrench – to guarantee in law – eg the Charter is entrenched in our constitution – not easily changed \
Invoke – apply e.g. we invoke the law