http://. citation to ponder i am a canadian,free to speak without fear, free to worship in my own...
TRANSCRIPT
Citation to Ponder I am a Canadian ,free to speak without fear, free to worship in my
own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.
- Prime Minister John G. Diefenbaker, July,1,1960Read the following citation and elaborate on it. Questions to ponder: 1. How true is the statement?2. How limited or restrained are the stances?3.Have you ever been in the situation where your beliefs were not
taken into consideration?
Codified Attempt of Canadian Right and FreedomsThe Canadian Bill of Rights recognized:The rights of individuals to life, liberty,
personal security ,and enjoyment of propertyFreedom of religion, speech, assembly,and
associationFreedom of the pressThe right to counsel and the right to a fair
hearing
Limitations of the Bill of Rights As a Federal Statute applied only to mattes under the federal
jurisdiction, i.e. It did not apply to all the provinces(in provincial human rights
issues, the provinces could legislate as they wished) As a statute ,the Bill of rights had identical status as other
statutes, meaning it did not take precedence over any other statutes. If another statute was in conflict with the Bill of Rights, it was up to the judge to rule which law to enforce.
As a federal statute ,it could be amended by a majority vote in the House of Commons, i.e. at any time, the protection offered through the bill could be changed or even eliminated.
Entrenching Rights and Freedoms Entrench means to protect and guarantee a right or freedom by ensuring
that it can only be changed by an amendment to the Constitution. Having rights and freedoms entrenched into the constitution ensures that
they are protected, regardless of what government is in power. It also means that the entrenched bill becomes the constitutional law
which can override all the other laws. Entrenching the Charter of Rights and Freedoms shifts power from
supremacy of Parliament and Legislatures toward the supremacy of the Constitution.
http://www.youtube.com/watch?v=sD-GnlEa1bI
Repercussions of the Bill
The notwithstanding
clause
The supremacy of the Constitution concerned some politicians ,but the agreement between the Federal government and nine other provinces was reached how to repatriate the Constitution was reached on Nov.5,1981 ,but only on the condition that
A CLAUSE BE ADDED THAT WOULD ALLOW THE PROVINCES SOME POWER TO OVERRIDE OR LEGISLATE AROUND THE CHARTER OF RIGHTS AND FREEDOMS
Override=prevail over
Invoke =to put into effect
The Notwithstanding Clause( section 33 of the Charter)Facts
101
178
Grants the Federal and provincial governments limited power to pass laws that are exempt from s.2 (the fundamental freedoms),ss.7 to 15(the legal and equality rights)
Exemption remains in effect only up to 5 years At the end of the 5 years ,the government needs to make a
renewed declaration.When a government decides to invoke the notwithstanding clause to pass legislation
that violates one of the protected rights in the Charter, it must identify the particular law and the sections of the Charter that are being overridden.(Bill 101( 1988) - all the public signs in Quebec are to be in French)
The F.G. Made 101 invalid due to the infringement of the bilingualism in Canada. The P.G. Of Quebec passed C178 – French only in Quebec ( Vive Le Quebec Indépendant!)
“The notwithstanding clause will be a red flag for opposition parties and the press. That will make it politically difficult for a government to override the Charter. Political
difficulty is a reasonable safeguard for the charter.” Allan Borovoy
Pros Cons It puts the final power to
where it belongs ,into the hands of elected reps who can be voted out if they make poor decisions or deprive minorities of their rights
Rights are too important to be left to politicians whose political strategies are often focused on winning votes.
The courts should protect the rights and freedoms of Canadians