Chapter 4 pages 76-85 The Canadian Charter of Rights and Freedoms

1. Chapter 4 pages 76-85The Canadian Charter of Rights and Freedoms Taylor, Michael, Caleb, Spencer, Samuel and Walker

2. What are Rights and Freedoms? • Right – a legal, moral, or social entitlement that citizens can expect, mainly from the government. • Freedom - the right to conduct one`s affairs without governmental interference.

3. Background Information • For thousands of years, people have been trying to decide what people are entitled to and how to ensure that the government does not get in the way.

4. The Magna Carta • It was the first step in establishing basic individual rights for the people of England in 1825.

5. The Bill of Rights • This ensured certain rights to British citizens like free elections and reasonable bail and fines.

6. The Two Declarations • The Declaration of Independence (USA) and the Declaration of the Rights of Man (France) provided inalienable rights. • Inalienable Rights– guaranteed entitlements that cannot be transferred from one person to another.

7. Evolution of Right`s in Canada • Canada`s slate is not as squeaky clean as we would like to think. There was a time where slavery, discrimination and inequality between men and women was common.in Canada.

8. The Canadian Bill of Rights and Freedoms • The first attempt to codify rights was in 1960, that was when the Canadian Bill of Rights and Freedoms was put into effect. It states that : • The rights of individuals to life, liberty, personal security and employment of property. • Freedom of Religion, speech, assembly and association. • Freedom of the Press • The right to counsel and the right to a fair hearing.

9. In 1942, Japanese Canadians were forcibly removed from their homes and sent to detention camps. This is clearly discrimination and not just.

10. Talk about Internment Camps

11. Entrenching Rights and Freedoms • Entrench -to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution. • One of Prime Minister Trudeau`s main goals was to entrench the laws.

12. The Notwithstanding Clause • Section 33 of the Canadian Charter of Rights and Freedoms is known as The Notwithstanding Clause. • It grants the federal and provincial governments limited power to pass laws that are exempt from the fundamental freedoms and the legal and equality rights. • Invoke- to put a law into effect

13. Read over page 82 and discuss question 2.

14. Before the Charter • Before the charter was created, the role of the Supreme Court was to interpret existing law rather then uphold the rights of citizens.

15. Interveners • If you look at certain court reports, you may see a list of interveners. • Interveners – third party participants in a legal proceeding. The court may give them permission to give their opinion on the case.

16. Guarantee • The Charter guarantees that we can have our rights, but they are not absolute. They are subject to reasonable limits. • If a province wants to pass a law that that limits a Charter right, it must show that this limitation can be justified in a free and democratic society.

17. Do the Case Study on page 85

18. QUESTIONS • 1. What do you think of the treatment of the Japanese citizens underwent in the camps? • 2. Do you think that the Canadian Bill of Rights and Freedoms covers all aspects of the rights that Canadian citizens should have? • 3.What other rights do you think we should have?