Canadian Charter of Rights Canadian Charter of Rights and Freedomsand Freedoms

Chapter 11 and 12, pgs. 270-313 from Counterpoints

Today’s ObjectivesToday’s Objectives

Describe major provisions of the Canadian constitution, including the Canadian Charter of Rights and Freedoms, and assess its impact on Canadian society

Will learn about:◦Precursors to the Constitution (BNA Act, Bill of

Rights)◦notwithstanding clause, amending formula◦Charter rights and fundamental freedoms

(equality, mobility, legal rights, language rights, education)

◦Examples of the impact of the charter on society

The ConstitutionThe Constitution

What is the Constitution of Canada?◦The supreme law in Canada◦A collection of traditions, conventions, and acts◦Outlines the Canadian system of government◦Outlines the civil rights of all Canadian citizens, and

those in Canada◦The current Constitution was defined in the

Constitution Act of 1982 The original Canadian Constitution was the British

North America Act (BNA Act) of 1867 when Canada became an independent nation

Difference between the two?Difference between the two?

BNA Act (1867):◦An Act of British parliament◦Created the Dominion of Canada out of three

provinces (Nova Scotia, New Brunswick, Province of Canada)

◦Allowed for more colonies to join in the future◦Outlined Canada’s system of government

(British Parliamentary System combined with federalism)

◦Stills stand as the primary guideline that divides power between the provincial and federal governments

Difference between the two?Difference between the two?

Constitution Act (1982):◦Endorsed by all provinces except Quebec◦Act that achieved full and final political

independence from Britain◦Established the “amending formula” for

changing the Constitution prior: disputes between provincial and federal

governments, needed British approval for changes◦Created the Canadian Charter of Rights and Freedoms Outlines civil rights and liberties of Canadians

such as freedom of expression, religion, and mobility

HomeworkHomework

Read about Human Rights in Chapter 12, pages 292-307

Answer the question in a short paragraph due for Thursday:◦“What are human rights?”◦Describe one aspect of Human Rights that is

the most important to you, and explain why.

Charter Rights and Fundamental Charter Rights and Fundamental FreedomsFreedoms

The fundamental rights and freedoms of the charter include:◦Fundamental Freedoms (conscience, religion,

thought, belief, expression, peaceful assembly, and association)

◦Freedom of Equality◦Freedom of Mobility (handicapped)◦Language rights◦Legal rights◦Education rights

The Notwithstanding ClauseThe Notwithstanding Clause

Section 33 of the Charter gives federal gov’t an escape clause called the notwithstanding clause (nws clause)

Allows gov’t to pass a law even if it violates a specific freedom or right guaranteed in the Charter

Expires after 5 years, but may be renewedWhy do we have this clause?

Reasons for the notwithstanding Reasons for the notwithstanding clauseclause

Was a compromise:◦Some politicians felt the Charter (interpreted by

judges) would weaken the power of elected lawmakers

◦Clause gave back some power to themSome people think the clause weakens

the Charter ◦Government could override the Charter

whenever it wantedTo date, only been used twice

Examples of use of NWS clauseExamples of use of NWS clause

Saskatchewan:◦Used the nws clause to protect a law that ordered

striking workers back to work◦Courts ruled the back-to-work law didn’t violate the

Charter anyway, so nws clause was not necessaryQuebec:

◦1976, Parti Quebecois passed Bill 101, the “Charter of the French Language”

◦Made French only official language in Quebec◦Supreme court ruled that the Bill was unconstitutional,

so Quebec used the nws clause to override the courts decision and kept the bill

The Amending FormulaThe Amending Formula

The amending formula is the process by which the Canadian Constitution can be changed legally

The amending formula is as follows:◦For a change to be made to the Constitution, at least 7

of the 10 provinces representing 50% of Canada’s population must agree to the change

◦*This meant that as long as Ontario agreed to a change, Quebec could be excluded

◦*Because of this, Quebec has refused to sign the Constitution (remember the “Kitchen Compromise”?...pg. 200 in text)

AssignmentAssignment

Answer the scenarios in question #2, page 304 of your textbook

Write a paragraph about your opinion on the notwithstanding clause◦Is it necessary?◦Describe a situation when the nws clause might

be useful◦Describe a situation where the nws clause

might be used for a negative purpose

The Charter and its The Charter and its Impact on SocietyImpact on Society

Today’s ObjectivesToday’s Objectives

give examples of the impact of the Charter on Canadian society

How has the Charter effected How has the Charter effected society?society?

Since 1982, Canadians have had the right to challenge in court any law they believe violates their rights outlined in the Charter

The Charter offers Canadians a chance to stand up for their rights, even against powerful governments

Fundamental FreedomsFundamental Freedoms

The Charter includes fundamental freedoms such as freedom of:◦Conscience, religion, thought, belief, expression, peaceful

assembly, and associationBefore the Charter, the federal government could

restrict or deny these freedoms◦Example: 1907 Lord’s day act restricted shopping on

Sundays (violated freedom of religion)◦Example: 1970 during October crisis, government induced

the War Measures Act (restricted freedom of assembly, association, and expression

Equality RightsEquality Rights

The Charter guarantees equality “before and under the law”◦“before the law” means every individual must

have access to the courts If somebody cannot afford a lawyer, one is

provided to them◦“under the law” means all laws passed by

government must treat every individual equally Laws cannot discriminate against individuals

based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability

Case study 1 (page 300)Case study 1 (page 300)

John and Linda Warren:◦Deaf parents who had twin daughters◦During child birth the babies had some

complications, but nobody at the hospital could properly communicate to the Warrens what was happening

◦The Warrens were very worried◦The federal government ruled that the failure to

provide sign language interpreters denied deaf people equal benefits

◦Now, all public institutions must have interpreters available

Federal and Provincial LegislationFederal and Provincial Legislation

Federal and provincial governments deal with different areas of human rights◦Federal: media, airlines, banks, postal system,

businesses◦Provincial: employment, tenancy, institutions

BC Human Rights CodeBC Human Rights Code

BC Human rights code protects you against discrimination on grounds of:◦Age (19 to 65), ancestry, colour, family/marital

status, physical/mental disabilities, place of origin, political belief, race, religion, sex, or sexual orientation

Code includes employment, tenancy, property purchase, accommodation, services and facilities available to the public, and hate propaganda

EmploymentEmployment

Cannot be refused work or promotion based in age or any other grounds listed in the code, such as:◦Cannot refuse to hire a person with a criminal

record if the crime is unrelated to the job◦Requires equal pay for work that is similar

TenancyTenancy

Tenant: a person who rents their homeA landlord cannot refuse to rent to you

based on your source of income

Accommodation, services, use of Accommodation, services, use of facilitiesfacilities

You cannot be denied accommodation, service, or use of a public facility, with two exceptions:◦Public washrooms and change rooms can be

designated male or female only◦Insurance companies can take into account

your sex, and physical/mental health when calculating insurance costs

Hate propagandaHate propaganda

People are protected against hate propaganda, meaning, a person cannot display any notice, sign, symbol, emblem, or other representation that exposes a person to hatred or contempt

If a person complains, the BC Human Rights Commission can take the violator to court if the complaint is justified

Aboriginal RightsAboriginal Rights

Rights provided to most Canadians were until recently not provided to Aboriginals

Aboriginal rights are now equal to all Canadians, but many Aboriginal groups still suffer from poverty, poor health, and inadequate housing and education

The Charter allows for the elimination of injustices that existed for Aboriginals before the Charter was created

Case Study 2 (page 305)Case Study 2 (page 305)

Lavell versus ReginaLet’s read this case about Aboriginal

Rights on page 305 of the text

Gender Equality in the WorkplaceGender Equality in the Workplace

Section 15 of the Charter provides guarantees against discrimination based on sex, but problems still exist◦Women often

underrepresented in many professions

◦Women often paid less than men for similar work (see Figure 12-13) Womens wages are rising, but

still lower than men Women account for 70% of part-

time jobs in Canada, which provide fewer benefits

Preferential Hiring PoliciesPreferential Hiring Policies

Many employers are now making an effort to hire more employees from minority groups, who have disabilities, or who are female

This can lead to situations such as the one found in this newspaper headline:◦“Universities hiring, but white males need not

apply”Is this fair?

◦Many argue this is “reverse discrimination”

Case Study 3 (page 308)Case Study 3 (page 308)

1995, Tawny Meiorin lost her job as a forest firefighter because she took 49.4 seconds too long to finish a 2.5 km run

Lets read the case on page 308Do you agree with the decision?Why or why not?

Childrens RightsChildrens Rights

Childrens rights are based on 4 guiding principles: (Figure 12-16)◦1) Non-discrimination◦2) Best Interests of the Child◦3) Survival and Development◦4) Participation

Key points of Childrens rights include:◦Have same fundamental freedoms as adults◦Should not be separated from their parents unless it is in the

childs best interest◦Have the right to high standards of health◦The right to education, which should be provided for free

(primary education)

AssignmentAssignment

Create a poster that represents the idea of equality

You should include several aspects of equality including equal rights based on:◦Race, sex, age, religion, colour, etc.

Due date: Next Tuesday at the start of class