Charter of Rights and Freedoms

History

The Charter is part of the Canadian Constitution enacted under the Government of Prime Minister Pierre Trudeau.

The Charter came into effect on April 17, 1982. It was part of a package of reforms contained in a law called the Constitution Act, 1982. The Constitution is a set of laws containing the basic rules about how our country operates

The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society

• RIGHT: legal, moral, or social claim that people are entitled to, primarily from their government. Example – a person accused of committing an offence is entitled to a fair trial.

• FREEDOM: freedom is a right – the right to live your life without interference from the government. Example – you have the right to seek employment anywhere in Canada.

Rights and freedoms contained in the Charter

Fundamental Freedoms

•Freedom to express an opinion.•Freedom to choose your religion.•Freedom to organize peaceful meetings and demonstrations•Freedom of association.

Democratic Rights

•The right to vote in Canadian elections.•The right to vote for a new government.

Mobility Rights

•The right to move anywhere in Canada and earn a living there.•The right of Canadian citizens to enter, stay in, or leave Canada.

Rights and freedoms contained in the Charter (Cont’d)Legal Rights

•The right to be free of imprisonment, search, and seizure without reasons backed by law and evidence.•The right to a fair and quick public trial by an impartial court that assumes you are innocent unless proven guilty.

Equality Rights

•The right to be free from discrimination because of ethnicity (race), national origin, religion, gender, age, or mental or physical disability.•Aboriginal peoples' rights.•The right to use either of Canada's official languages.•The protection of Canada's multicultural heritage

What does the Charter reflect about today’s society compared to the past?

Case 1: The Indian Act

1876 Indian Act passed by Canadian Government Affected First Nations who had

concluded Treaties with Canada’s government

Did not consult with First Nations Original goal: to assimilate

Case 2: Canadian women and the right to vote

Campaigning for the right to vote – Emily Howard Stowe

Toronto Women’s Literary Club 1918 – women over 21 years of age

allowed to vote in federal election Provincial elections decided by each

province Quebec, 1940

Case 3: Internment of Ukrainian Canadians

Context of WWI More than 8000

people of Ukrainian origin sent to internment camps

Government seizes property/businesses

2005: Canadian government offers formal apology Would this happen

today?

Case 4: Internment of Italian Canadians

WWII 700 people affected War Measures Act 1990: Canadian government apologizes

Why is it important that we learn this history?

Case 5: Internment of Japanese Canadians

WWII More than 20 000 men,

women, children Government sells houses,

possessions 1988: Canadian government

apologizes

Things to think about

What is prejudice? WHY did this happen? HOW does this differ from society today? Where does the Charter play a role in

this? How does the charter prevent this from

happening?