o
o
o
o
Early laws, cruel by Cdn worldview meant to
ensure society’s survival
1215CE – King John sings Magna Charta, ltd
monarch’s power
1689 – English Bill of Rights (monarch obeyed
laws of Parliament, allow free elections)
Philosophers believed that humans had natural
rights – life, liberty, and security
o
o
o
o
o
1775 – American Revolution, 13 colonies fought for
independence from Gr Br
o no taxation without representation
1788 – American Constitution created, but no bill of
rights, felt rights to the common people would result in
‘mob rule’ or anarchy
1791 – 10 amendments to Const. Created the US Bill
of Rights which are the basis of freedom and civil
rights for Americans
1700’s – end to feudalism, power of church & rulers >
individual rights & freedom
1789, French National Assembly passed the
Declaration of the Rights of Man and of Citizen which
became the basis of future modern democracies
Abolition of Slavery
Slaves are defined as ‘property’, change occurred
slowly in Europe and NA – US Civil War

Universal Declaration of Human Rights
This followed WW2, adopted by the UN in 1948
 Detailed list of HUMAN rights signed by many nations
around the world

Cdns rights were not written, were based on
Common law (unwritten, customs, tradition)

1945, John Diefebaker, led a move to write
them into law, but not until 1960 did he succeed in
creating the Canadian Bill of Rights


o
o
o
o
o
Cdn B of R was criticized for being too weak;
A federal statute, controlled only Federal matters
Parliament could change it any time
Did little to protect equality rights
Pierre Trudeau changed law in Canada, creating
the Constitution Act 1982 which included the
Charter of R&F, they are entrenched (written
within the Constitution)
Section 24 details guaranteed R&F & dictates
evidence must be collected in accordance with
the Charter
o
o
o
o
o
Section 1 = ‘Reasonable limits clause’ – sets
limits on freedoms
Section 52 = laws must ‘fit’ the constitution
(intent & letter of the law)
The Charter is to limit the power of govt.
Courts decide how protections of rights &
freedoms
Supreme court (9 judges) is appointed by PM,
some criticize the power they have over elected
officials
Matters Governed by the Charter
 Court must first consider if it will hear a charter case
 Must determine if matters are ULTRA VIRES or
INTRA VIRUS – see pg46
The Notwithstanding Clause
 Section 33 – allows provinces to ‘opt out’ of legislation
– Bill 101 ‘French signs’
 Enacted for 5 years, then must be renewed
 REVIEW YOUR UNDERSTANDING Pgs 44-49 Q#1-6

Privileges that are so basic that they cannot be
restricted by the laws of the government


Freedoms that citizens have; these are granted and
guaranteed by legislation or government
regulation
Human Rights
Natural rights that belong to all human beings simply as
a condition of being human
 These rights, however, will be of little or no use if this
principle is not recognized by the government


Civil Rights
Rights that belong to all citizens of a particular country
 These rights are normally protected by law and are often
found in a constitution




These extend beyond legal obligations to
include the type of behaviour that shows
respect for the rights of others
In Canada, these include political, legal, moral
and social responsibilities
Political



Voting
Staying informed on important issues
Participating actively in political affairs

Legal




Performing jury duty
Obeying the law
Knowing your legal rights
Moral
Respecting the rights of others
 Acting in a manner acceptable to society


Social


Participating in and supporting community activities
volunteering


In 1982, the Charter of Rights and Freedoms
was made a part of Canada’s new Constitution
so that it can be changed only with great
difficulty.
Any proposed change must receive approval of
the Senate, the House of Commons, and two
thirds of the provinces representing fifty
percent of the Canadian population.


The Charter specifies who benefits from each of
the rights and freedoms. For example, equality
rights are guaranteed to every individual.
Mobility rights are guaranteed only to citizens
of Canada.
The Charter applies to both the federal and
provincial governments. If the Courts decide
that a government statute has violated the
charter, they declare it invalid and it cannot be
enforced.


The Charter consists of thirty-four numbered
sections but, for our purposes, it will be
divided into ten sections.
Section Thirty-three permits Parliament and
the provincial governments to prevent many
sections of the Charter from having any effect
on the validity of particular statutes. The
government can include an override provision
in any statute which will cease to have effect
after five years, but can be re-enacted by the
government at that time.

The Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it
subject only to such reasonable limits
prescribed by law as can be demonstrably
justified in a free and democratic society.
(section 1)




Everyone has… freedom of conscience and
religion. (section 2(a))
Everyone has… freedom of thought, belief,
opinion and expression, including freedom of
the press and other media of communication.
(section 2(b))
Everyone has… freedom of peaceful assembly.
(section 2(c))
Everyone has… freedom of association.
(section 2(d))

Every citizen in Canada has the right to vote in
an election of the House of Commons or of a
Legislative Assembly and to be qualified for
membership therein. (section 3)


Every citizen of Canada has the right to enter,
remain in and leave Canada. (section 6,(1))
Every citizen of Canada and every person who
has the status of a permanent resident of
Canada has the right… to move and take up
residence in any province and… to pursue the
gaining of a livelihood in any province. (section
6,(2))



Everyone has the right to life, liberty and
security of person and the right not to be
deprived thereof except in accordance with the
principles of fundamental justice. (section 7)
Everyone has the right to be secure against
unreasonable search and seizure. (section 8)
Everyone has the right not to be arbitrarily
detained or imprisoned. (section 9)



Everyone has the right on arrest or detention to
be informed promptly of the reasons therefor.
(section 10(a))
Everyone has the right on arrest or detention…
to retain counsel without delay and to be
informed of that right. (section 10(b))
Everyone has the right on arrest or detention…
to have the validity of the detention
determined by way of habeas corpus and to be
released if the detention is not lawful (section
10(c))



Any person charged with an offence has the
right to be informed without reasonable delay
of the specific offence. (section 11(a))
Any person charged with an offence has the
right to be tried within a reasonable time.
(section 11(b))
Any person charged with an offence has the
right not to be compelled to be a witness in
proceedings against that person in respect of
the offence. (section 11(c))




Any person charged with an offence has the right
to be presumed innocent until proved guilty
according to law in a fair and public hearing by an
independent and impartial tribunal. (section 11(d))
Any person charged with an offence has the right
not to be denied reasonable bail without just cause.
(section 11(e))
Any person charged with an offence has the
right… to the benefit of a trial by jury where the
maximum punishment for the offence is
imprisonment for five years or a more severe
punishment. (section 11(f))
Everyone has the right not to be subjected to any
cruel or unusual treatment or punishment. (section
12)


Every individual is equal before and under the law
and has the right to equal benefit of the law
without discrimination and, in particular, without
discrimination based on race, national or ethnic
origin, colour, religion, sex, age or mental or
physical disability. (section 15(1))
[The above] does not preclude any law, program
or activity that has at its object the amelioration of
conditions of disadvantaged individuals or groups
including those that are disadvantaged because of
race, national or ethnic origin, colour, religion, sex,
age or mental or physical disability. (section 15(2))


English and French are the official languages of
Canada and have equality of status and equal
rights and privileges as to their use in all
institutions and the Parliament of Canada.
(section 16(1))
English and French are the official languages of
New Brunswick and have equality of status
and equal rights and privileges as to their use
in all institutions of the legislature and
government of New Brunswick. (section 16(2))


Nothing in [these] sections… abrogates or
derogates from any right, privilege or
obligation with respect to the English and
French languages, or either of them, that exists
or is continued by virtue of any other provision
of the Constitution of Canada. (section 21)
Nothing in [these] sections… abrogates or
derogates from any legal or customary right or
privilege acquired or enjoyed before or after
coming into force of this Charter with respect
to any language that is not English or French.
(section 22)

Citizens of Canada whose first language
learned and still understood is that of the
English or French linguistic minority
population of the province in which they
reside… have the right to have their children
receive primary and secondary school
instruction in that language in that province.
(section 23(1)(a))


Citizens of Canada… who have received their
primary and secondary school instruction in
French or English and reside in a province where
the language of the English or French linguistic
minority population of the province have the right
to have their children receive primary or
secondary school education in that language in
that province. (section 23(1)(b))
Citizens of Canada of whom any child has
received or is receiving primary or secondary
school instruction in English or French in Canada
have the right to have all their children receive
primary and secondary school instruction in the
same language. (section 23(2))


Anyone whose rights or freedoms, as guaranteed
by this Charter, have been infringed or denied may
apply to a court of competent jurisdiction to obtain
such remedy as the court considers appropriate
and just in the circumstances. (section 24,1)
Where… a court concludes that evidence was
obtained in a manner that infringed or denied any
rights or freedoms guaranteed by this Charter, the
evidence shall be excluded if it is established that,
having regard to all the circumstances, the
admission of it in the proceedings would bring the
administration of justice into disrepute. (section
24(2))

The guarantee in the Charter of certain rights
and freedoms shall not be constructed so as to
abrogate or derogate from any aboriginal,
treaty or other rights or freedoms that pertain
to the aboriginal peoples of Canada… (section
25)




if the court decides an infringement or restriction
has occurred, it must decide if it is ‘reasonable’ and
that it is ‘demonstrably justifiable in a free and
democratic society’
usually the govt tries to prove a limit is justifiable –
eg. ‘Expression is limited to prevent promotion of
hatred’
if the court decides that the restriction is
unreasonable, then the party may continue its
actions
to by justified, both the objective and the means
must be defensible in terms of the values of a free
and democratic society
There are 2 ways of encoring the R & F
guaranteed by the Charter
1. Courts can strike down a law if it breaches the
charter or they can READ DOWN the law,
specific to this case
2. Someone may apply to the courts directly citing
which R or F has been violated

PREJUDICE & STEREOTYPING
 DISCRIMINATION
 2 types of discrimination;
 Intentional discrimination =knowingly
committing a discriminatory act
 Unintentional discrimination =unfair treatment
but not aware




1977 – federal Canadian Human Rights Act
established that all Cdns. Will receive fair &
equal treatment in all matters under federal
control
ENFORCING HUMAN RIGHTS LAWS
** see CASE, pg61 – CUPE ** Class
discussion
REVIEW YOUR UNDERSTANDING pg 60-62,
Q#1-5
 Ch Rev pg64, 64 – Review Key terms a-n,
Check Your Knowledge #1-4,
Apply #6a OR b
