HISTORY OF RIGHTS AND FREEDOMS IN CANADAWhat are our rights?

What are the barriers/limitations to our rights?

TYPES OF RIGHTS & FREEDOMS

Civil Rights:

Limit the power of the government over its’ citizens

Human Rights:

Protect people from being discriminated against by other people

REMEMBER FROM UNIT 1

The idea that everyone is equal under the law is quite new(ish)

The earliest legal codes had cruel laws and punishments

The Magna Carta (1215) was historic because it introduced the RULE OF LAW

But still only nobles and wealthy land owners could vote, etc and ordinary peoples’ rights were limited

In the late 1600’s philosophers began to think about the idea of NATURAL RIGHTS (i.e. The Declaration of Man and Citizen)

THE AMERICANS DID SOMETHING RIGHT... 1775-American Revolution

begins “no taxation without

representation!” Created a Constitution (1788)

but it did not have a Bill of Rights

“We hold these truths to be self evident...that all men are created equal”

1791-ten amendments to the Constitution; became foundation for Bill of Rights today

Inspired the world

DEVELOPMENT OF HUMAN RIGHTS

French Revolution—inspired by the Americans; produced The Declaration of Rights of Man and of the Citizen guaranteeing all French citizens basic rights

World War II—United Nations formed (1945); adopted Universal Declaration of Human Rights; first time nations around the world signed a formal agreement on specific rights and freedoms for all humans

Olympe de Gouges

BRITISH NORTH AMERICA ACT (1867) [BNA ACT]

Became a country called The Dominion of Canada Passed into law by the British Parliament Canada not fully independent—Britain in charge

of foreign affairs Judicial Committee of the Privy Council (JCPC) was

Canada’s highest court Could only be changed or amended by British

parliament 1931 Canada gets its own foreign affairs and

1949 the Supreme Court of Canada (SCC) Lists federal (sec 91), provincial (sec 92), and

territorial powers—provinces got education and health care! (sec 93)

THE BILL OF RIGHTS (1960)

Remember from Unit 1 most of Canada has a common law system which is based on unwritten customs, conventions, and court decisions

After horrors of WWII Canadians though rights needed to be written down

The Bill of Rights (PM Diefenbaker) legislated civil rights and freedoms Canadians already had

Remember that it was only a law so it could be changed at any time

THE DEBATE: SHOULD CANADA TRULY BECOME INDEPENDENT?

YES Britain wanted it We would be fully

independent!

NO Provincial

governments suspicious of each other

Provinces didn’t want to lose powers

Could not agree on a formula to amend (change) the constitution

THE CONSTITUTION ACT (1982) [AKA THE CANADA ACT]

PM Pierre Trudeau wanted stronger guarantees on rights; “just society”

1981—amending formula—requires consent of Canadian parliament AND 2/3rds of provinces with 50% of the population AND to approve any change

BNA Act was renamed Constitution Act, 1867 and is still the main part of the constitution

Constitution Act, 1982 added the amending formula and the new Canadian Charter of Rights and Freedoms (civil rights)

Rights are entrenched (i.e. Sec 24—right to court) Never signed/approved by Quebec

APPLICATION OF THE CHARTER

1. Decision-Maker is Part of Government Member of Legislature, Executive, or Administration than Charter will apply to the decisions they make:   (i) Applies to Legislation

    (ii) People who enforce/apply the law (i.e. – employees of Government and

Policemen)                                                             2.  Applies to Exercising Governmental Functions

(i.e. covers Municipalities) 3.  Implementing Government Policy

(i.e. – even private company implementing Govt policy)

MAIN SECTIONS OF THE CHARTER

Section 1:

Section 2:

Section 3-5:

Section 6:

Reasonable Limits Clause

Fundamental Freedoms (conscience and religion; thought/expression; peaceful assembly; association)

Democratic Rights

Mobility Rights

MAIN SECTIONS OF THE CHARTER

Sections 7-14:

Section 15:

Sections 16-22:

Section 23:

Legal Rights

Equality Rights

Official Languages of Canada

Minority Language Education Rights

MAIN SECTIONS OF THE CHARTER

Section 24:

Sections 25-31:

Sections 32-33:

Enforcement

General (including Aboriginal Rights and Multicultural Heritage)

Application of CharterSec 33=Notwithstanding Clause—power of provinces to override Sec 2 AND 7-15; 5 year max

FUNDAMENTAL FREEDOMS

Freedom of Religion - s. 2(a)

Freedom of Expression – s. 2(b)

Freedom of Peaceful Assembly – s. 2(c)

Freedom of Association – s. 2(d)