CLU3M - Law
Unit 2 Dev. of Rights and Freedoms
continued . PP #2
Ms Pannell
Source: Gibson, Murphy, Jarman and Grant, . ALL
ABOUT THE LAW Exploring the Canadian Legal System.
5th. Toronto: Nelson, 2003. Print. Pp3-6
The Abolition of Slavery
19th Century

For over 300 years,
approximately 15 million
people were captured in Africa
and traded as slaves in Europe
and North America

Even after the revolutions of
the 18th century slaves
continued to be legally defined
as “property”

During the 19th century most
western countries began to
see the injustice in this system
and abolished slavery
The Abolition of Slavery U.S.A.
19th Century
American Civil War
(1861-1865)



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600 000 people were
killed
Northern / Union forces
wanted to abolish slavery
Southern / Confederate
forces wanted to keep it
1865, The Northern
forces won, and the 13th
amendment to the U.S.
Constitution abolished
slavery forever!
The Holocaust (1933-1945)

Nazi government targeted
specific groups of people Jews, the Roma (gypsies),
Gays and lesbians, people
with mental disabilities,
members of certain religious
faiths and political parties





Initially stripped of their civil
rights
Striped of their human rights
Imprisoned
Executed
Totaling nearly 10 million men,
women and children killed
The United Nations, 1945



Established in the aftermath of
WWII and the Holocaust
Purpose: “to save succeeding
generations from the scourge
of war.”
1st step – to try to guarantee all
people certain rights and
freedom - Human Rights


More specific than natural
rights
Established the UN Human
Rights Commission

To produce a list of human
rights and freedoms fro all
people throughout the world
Eleanor Roosevelt holding the
Universal Declaration of
Human Rights
Universal Declaration of
Human Rights - 1948

1st time nations around
the world signed a formal
agreement of specific
rights and freedoms

It is however, only a
vision!

Palestine
Limitations of International
Law?
China
Universal Declaration of
Human Rights - 1948
Student Activity

Read Page 42-43. Answer for Discussion Questions 3-6
For Discussion
3.
Justify the importance of documents like the Universal
Declaration of Human Rights to the international community.
4.
Which countries do you know of that do not live up to the
human rights listed in this document? Give specific examples
5.
What action can be taken by the international community to
enforce human rights in countries where they are ignored?
6.
Explain why the Universal Declaration of Human Rights has
been called the “Magna Carta of humanity”
Human Rights in Canada after WW2

Much Canadian law is based in British Common
Law (unwritten and based on custom and earlier
court decisions)

Therefore, Canadians had many rights that were not
written down but simply understood to exist

After the rights abuses of WW2 many Canadians
believed these rights needed to be written down
Human Rights in Canada after WW2
Canadian Bill of Rights

PM Diefenbaker and his
government passed the
Canadian Bill of Rights –
1960

Set down in legislation the
civil rights and freedoms
that Canadians had already
enjoyed under common law
CBC Archives – Clip – Bill of
Rights
Canadian Bill of Rights continued
Criticized:
1.
2.
3.
As federal (statute) it
applied to only federal
matters
It was a Parliamentary
statute meaning it
could be changed by
parliament at any time
Did little to protect
equality rights
Student Task:
TEXT: Read pg 45, “The Law” Answer questions 1-3 For
Discussion
Canadian Politics 1960s
Pierre Elliott Trudeau
Video clip “Just society

“Just Society” 1968



“State has no place in the bedrooms of
the nation”
Promised greater social justice and
stronger guarantees of individual rights
Prime Minister (15 yrs)
April 20, 1968 – June 4,1979
March 3, 1980 – June 30, 1984


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Bilingualism – Official Languages Act,
1969
Law reforms: divorce, abortion,
homosexuality, and birth control
Equality rights for Aboriginal Canadians
October Crisis, 1970
Introduction - Revisited
What does Canada have that many countries don’t?

Civil Rights (and freedoms) - limit the power that a government
has over its citizens

Human Rights – protect people from being unfairly discriminated
against by other individuals



Canadians can feel secure in almost all areas of their lives
Canadians are free because laws are passed and enforced to protect
their rights and freedoms
Wealth, gender, race, age, belief, family status … are not supposed to
determine how you are treated in Canada – equal under the law
“Just Watch Me” clip Contradictions? Explain? Justify?
Trudeau – The Constitution Act, 1982

Constitution Act, 1982,
including the Canadian
Charter of Rights and
Freedoms




Constitutional Law, not Statute
law
Changes must be in
accordance to the amendment
formula
Lists civil rights and freedoms
for all Canadians at all levels of
government
Section 24 of the Charter details
the “enforcement of guaranteed
rights and freedoms”
Section 24: “Enforcement of guaranteed
rights and freedoms”

Anyone whose Charter rights have been
infringed (violated), may “apply to a court…
to obtain such remedy as the court considers
appropriate and just”

Any evidence presented to a court must be
gathered in a manner that respects Charter
rights and freedoms. Otherwise it will be
excluded
Section 1 : Reasonable limits clause

Laws can set limits on your rights and
freedoms as long as these “can be
demonstrably justified in a free and
democratic society
Example
 You have freedom of speech yet you do not have the
right to spread lies or make malicious statements that
might injure another person
 Violation of libel laws
Section 52

“Constitution of Canada is the supreme law of Canada, and any
law that is inconsistent with the provisions of the Constitution is,
to the extent of the inconsistency, of no force or effect”


Gives Canadian courts much greater power
Purpose of the Charter: to limit the power of government



By defining the protection of rights and freedoms only in general
terms
This allows the courts to determine how these ‘protections’ are to be
adapted and used
Therefore, the Supreme Court of Canada (highest court) plays an
important role in interpreting Canadian values and beliefs


Supreme Court Judges must balance individual rights with the needs of the
community
Judges appointed, not elected
Section 32:


Must determine which matters are
ultra vire (outside the authority of
the government to legislate) and
which matters are intra vire
(within the authority…)
Charter does protect individual
rights from being trespassed upon
by the federal, provincial, and
territorial governments


Which matters are
governed by the Charter
Is a law in violation of an
individuals rights?
Charter does not cover private
legal matters

Would be addressed by human
rights legislation
How to Analyze a Charter Case:
1.
Does the Charter apply?
2.
Has a Charter right or freedom
been infringed?
3.
Does the reasonable limits
clause justify the infringement?
4.
If not, is there a remedy
provided under section 24
Section 33: Notwithstanding Clause

Last minute addition – to ease provincial government apprehensions

The notwithstanding clause allows Parliament or a provincial legislature to
pass a law violating any of these rights (section 2, 7-15)

Rarely used
Example: Ford v. Quebec (Attorney General) (1988)


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Supreme Court of Canada ruled that Quebec’s Bill 101 (stating that all signs in Quebec
must be in French only) violated the CCRF (Can. Charter of Rights and Freedoms).
Quebec government argued that Bill 101 was needed to ensure the survival of the French
Language
Using the Notwithstanding clause, Quebec passed Bill C-178 allowing Quebec’s Frenchonly signs to stay in effect

Legislation that used the Notwithstanding Clause can stay in effect for up to 5
years after which it must be reinacted

Notwithstanding clause cannot overrule:

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Right to vote
Minority language education rights
Mobility rights
Homework

Read pages 50-56

Complete the graphic organizer – “Getting to
know the Charter”

Answer questions 1-7 page 56

Complete Charter Scavenger Hunt