Protecting your individual rightsProtecting your individual rights

“I have my rights! This is a free country!”

This chapter will explore the individual rights of every Canadian citizen and permanent resident… what do you think?

Canada’s Charter of Rights Canada’s Charter of Rights and Freedomsand Freedoms

Think about this… Think about this…

What would your life be like if you didn’t have a What would your life be like if you didn’t have a choice in what events and activities you took choice in what events and activities you took part in with others?part in with others?

What rights and freedoms do you expect to What rights and freedoms do you expect to have as a citizen in Canada?have as a citizen in Canada?

When is it okay for laws to restrict people’s When is it okay for laws to restrict people’s choices?choices?

What’s the connection between having the What’s the connection between having the right to be represented in government and your right to be represented in government and your identity?identity?

Canada’s Charter of Canada’s Charter of Rights and Freedoms- Rights and Freedoms- what is it?what is it?

1) It gives individual rights and freedoms to 1) It gives individual rights and freedoms to Canadian citizens Canadian citizens

2) It gives collective rights and freedoms to 2) It gives collective rights and freedoms to groups in society.groups in society.

Dates from 1982Dates from 1982 Part of Canada’s constitution – which is the Part of Canada’s constitution – which is the

highest law of Canada, all other laws must be highest law of Canada, all other laws must be consistent with it.consistent with it.

Before the Charter…did Before the Charter…did people have rights in people have rights in Canada?Canada?

Prior to the Charter of Rights and Prior to the Charter of Rights and Freedoms, the provincial and federal Freedoms, the provincial and federal governments had a variety of laws governments had a variety of laws about individual rights. about individual rights.

So why do we have the Charter…So why do we have the Charter…

It creates constitutional protection for individual It creates constitutional protection for individual rights and freedoms, applying to all rights and freedoms, applying to all governments across Canada.governments across Canada.

Canadians can challenge in court the laws that Canadians can challenge in court the laws that restrict their rights.restrict their rights.

Canada’s government is justified in restricting Canada’s government is justified in restricting rights, if it is necessary to maintain Canada as rights, if it is necessary to maintain Canada as a free and democratic country.a free and democratic country.

Now that the Charter exists:

Think back to the judicial branch and how it Think back to the judicial branch and how it works…works…

Critical thinking Question #1Critical thinking Question #1 How does the Charter of Rights and How does the Charter of Rights and

Freedoms connect to what you’ve Freedoms connect to what you’ve learned about the judicial branch? learned about the judicial branch?

The CharterThe Charter

Application Application ::

- states that it applies to all levels of - states that it applies to all levels of governmentgovernment

LimitationsLimitations::- Not all rights are absolute subject to - Not all rights are absolute subject to

reasonable limitationsreasonable limitations

YOUR INDIVIDUAL RIGHTS…YOUR INDIVIDUAL RIGHTS…(as stated by the Charter)(as stated by the Charter)

Fundamental freedomsFundamental freedoms Freedom to express your opinionsFreedom to express your opinions (“I think it’s stupid that I can’t listen to my IPOD in (“I think it’s stupid that I can’t listen to my IPOD in

class.”)class.”) Freedom to choose your own religionFreedom to choose your own religion Freedom to organize peaceful meetings Freedom to organize peaceful meetings

and demonstrationsand demonstrations (protests on Parliament (protests on Parliament Hill)Hill)

Freedom to associate with any person or Freedom to associate with any person or groupgroup..

Democratic RightsDemocratic Rights

The right to vote for members of the The right to vote for members of the House of Commons and of provincial House of Commons and of provincial legislatureslegislatures

The right to vote for a new government at The right to vote for a new government at least every five years.least every five years.

Mobility RightsMobility Rights

The right to move anywhere within The right to move anywhere within Canada and to earn a living there.Canada and to earn a living there.

The right to enter, stay in, or leave The right to enter, stay in, or leave Canada.Canada.

Legal RightsLegal Rights

The right to be free of imprisonment, The right to be free of imprisonment, search and seizure without reasons search and seizure without reasons backed by law or evidence.backed by law or evidence.

The right to a fair and quick public trial by The right to a fair and quick public trial by an impartial court that assumes that you an impartial court that assumes that you are innocent until proven guilty.are innocent until proven guilty.

Equality RightsEquality Rights

The right to be free of discrimination The right to be free of discrimination because of race, national or ethic origin, because of race, national or ethic origin, religion, gender, age or mental or physical religion, gender, age or mental or physical disability.disability.

Official Language RightsOfficial Language Rights

French and English are the two official French and English are the two official languages in Canadalanguages in Canada

- implications of this: All the laws made - implications of this: All the laws made are in French and English in all the are in French and English in all the institutions of government. institutions of government. (Federal courts, (Federal courts, House of Commons, etc)House of Commons, etc)

Minority Language Education Minority Language Education RightsRights

People whose first language learned and still People whose first language learned and still understood (French or English) is the minority understood (French or English) is the minority in the province they live in,in the province they live in,

People who have received their primary school People who have received their primary school instruction in French or English and that instruction in French or English and that language is the minority of the province, language is the minority of the province,

AND people who have received their primary or AND people who have received their primary or secondary education in French or English, secondary education in French or English,

HAVE the RIGHTHAVE the RIGHT to have all their children to have all their children receive primary and secondary education in receive primary and secondary education in the same language.the same language.

EnforcementEnforcement

Anyone whose rights or freedoms, as Anyone whose rights or freedoms, as guaranteed by the Charter have been guaranteed by the Charter have been infringed or denied may seek the court of infringed or denied may seek the court of law to obtain any remedy the court law to obtain any remedy the court considers appropriate or just.considers appropriate or just.

*To fix firmly or securely; established firmly *To fix firmly or securely; established firmly and securely. and securely.

DID YOU KNOW?DID YOU KNOW?

The Charter of Rights and Freedoms gives The Charter of Rights and Freedoms gives every person in Canada the same rights, every person in Canada the same rights, whether they are a citizen or not!!!whether they are a citizen or not!!!

2 EXCEPTIONS:2 EXCEPTIONS:

You have to be a Canadian Citizen to:You have to be a Canadian Citizen to:

1)1) Have the right to vote!Have the right to vote!

2)2) Have the right to leave Canada freely!Have the right to leave Canada freely!

Read the Read the

profile of profile of

Emily from Emily from

Calgary and Calgary and

list some list some

answers for answers for

the the

questions at questions at

the bottom the bottom

of the page.of the page.

PROFILEPROFILE

Castle Mtn., Alberta 1915(Poles, Italians, Bulgarians, Croatians, Turks, Serbians, Hungarians, Russians, Jews, and Romanians).

Nellie McClung, Alice Jamieson, and Emily Murphy – Suffragettes (1902-1916 {won in Alberta})

"Ukrainian and other internees at the Castle Mountain Alberta internment camp in 1915"

Lemon Creek, BC. (Japanese, WWII)

Blackfoot Nation, Gleichen, Alberta, ca 1890

Canada’s Past Not a Canada’s Past Not a Pretty PicturePretty Picture

We often think of Canada as the ‘free’ country. We often think of Canada as the ‘free’ country. There are some events that have taken place There are some events that have taken place in Canada that would leave us to believe in Canada that would leave us to believe otherwise.otherwise.

The comparison of the past events with the The comparison of the past events with the present day, helps us to better understand how present day, helps us to better understand how our government, our charter and our country our government, our charter and our country has been shaped by these events, values and has been shaped by these events, values and attitudes.attitudes.

Read pages 141 and answer questions 1&2.Read pages 141 and answer questions 1&2.

Sunday shopping vs. the SabbathSunday shopping vs. the Sabbath

In your lifetime, you have probably always been In your lifetime, you have probably always been able to shop on a Sunday.able to shop on a Sunday.

DID YOU KNOWDID YOU KNOW that until 1985 there was a law that until 1985 there was a law called the Lord’s Day Act that made it illegal for called the Lord’s Day Act that made it illegal for most Canadian businesses to open on Sunday? most Canadian businesses to open on Sunday? The law upheld the Christian Sabbath or day of The law upheld the Christian Sabbath or day of rest.rest.

Once challenged, only 3 months after the Once challenged, only 3 months after the Charter, the Supreme Court overturned the law Charter, the Supreme Court overturned the law finding that it violated Canada’s fundamental finding that it violated Canada’s fundamental right to freedom of conscience and religion.right to freedom of conscience and religion.

How does the Charter How does the Charter affect the Workplace?affect the Workplace?

Did you know?Did you know? The Charter of Rights and Freedoms The Charter of Rights and Freedoms

creates equality rights in the workplace.creates equality rights in the workplace.

For example, you have the right to work For example, you have the right to work without facing discrimination based on without facing discrimination based on race, religion or gender. race, religion or gender.

Ontario Human Rights Ontario Human Rights CodeCode

Protects you from the private sectorProtects you from the private sector Discrimination (different treatment, Discrimination (different treatment,

harassment)harassment)

5 areas you cannot discriminate 5 areas you cannot discriminate under the OHRCunder the OHRC

1)1) EmploymentEmployment

2)2) Goods, services, facilitiesGoods, services, facilities

3)3) Landlord/ tenantLandlord/ tenant

4)4) Vocational (professional associations, Vocational (professional associations, ie. OCT)ie. OCT)

5)5) Contracts (any legal binding document Contracts (any legal binding document with your signature)with your signature)

No discrimination based on the No discrimination based on the following grounds: (in the OHRC)following grounds: (in the OHRC)

1)1) RaceRace2)2) GenderGender3)3) Sexual orientationSexual orientation4)4) Marital statusMarital status5)5) Family status (kids/no kids)Family status (kids/no kids)6)6) Criminal recordCriminal record7)7) DisabilityDisability8)8) CitizenshipCitizenship9)9) AgeAge10)10) Receipt of financial assistanceReceipt of financial assistance11)11) ReligionReligion

Review the chapterReview the chapter