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The Canadian charter of rights and freedoms

The Canadian charter of rights and freedoms. Historical progress. 18 th & 19 th ce . Several human rights questions addressed in: Declaration of Independence, US, 1776 Declaration of the Rights of Man, FR, 1789 Bill of Rights, UK, 1869 All humans were given natural rights

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The Canadian charter of rights and freedoms

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  1. The Canadian charter of rights and freedoms

  2. Historical progress • 18th & 19thce. • Several human rights questions addressed in: • Declaration of Independence, US, 1776 • Declaration of the Rights of Man, FR, 1789 • Bill of Rights, UK, 1869 • All humans were given natural rights • Inalienable rights to equality & liberty

  3. Universal declaration • Universal Declaration of Human Rights, UN, 1948 • Equal & inalienable rights of all humans • Fundamental freedoms • Thought, opinion, expression, conscience, religion, peaceful assembly, association • Equal rights of men & women • Equality before the law • The right to be presumed innocent until proven guilty • Education rights • Freedom from torture or inhumane punishment

  4. Canadian rights history • Thursday’s Timeline Activity… • Was anything surprising to you? • 1918 – women granted right to vote federally • 1919 – women allowed to stand for parliament • 1928 – supreme court of Canada decides that the word person does not apply to women

  5. Canadian Bill of Rights • Post WWII, world focus on human rights • 1960, PM John Diefenbaker enacted The Canadian Bill of Rights • The rights of individuals to life, liberty, personal security, and enjoyment of property • Freedom of religion, speech, assemly, association • Freedom of the press • The right to counsel & the right to a fair hearing

  6. Limitations on the Bill • It applied only to matters of federal jurisdiction • Provinces could legislate as they wished • As a statute, it was the same as other statutes & did not take precedence • Any conflicts would be decided by the judge • As a statute, it could be amended by a majority vote in the HoC • Really… it offered little protection or guarantee!

  7. Entrenching the charter • PM Pierre Trudeau • Entrenching the Charter in the Constitution guarantees that the rights & freedoms are protected • Constitutional laws  can override all other laws

  8. Limitations of the charter • But… • Entrenching the Charter made some politicians nervous • Because they would have less power over their subjects • So… • The Notwithstanding Clause was born! • This would allow the provinces some power to override or legislate around the Charter of Rights and Freedoms • “The Kitchen Accord”

  9. notwithstanding clause • S.33, Charter of Rights and Freedoms • Grants the federal and provincial governments limited power to pass laws that are exempt from s. 2 (the fundamental freedoms) and ss. 7 to 15 (the legal & equality rights) of the Charter. • This exemption can only remain in effect for up to 5 years, then the government must make a renewed declaration • When a gov decides to invoke the NWC 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

  10. Envoking the clause • Has been invoked more than 15 times • 1980s, Sask – labour dispute w/ provgov workers*** • 1982 – 1985, every legislation by PartiQuebequois (as a political protest) • Clause on Quebec’s Bill 101, to override minority language rights *** (p. 81) • Quebec’s Bill 178 (outdoor signs in French only)*** • Video • 2005, Federal Parliament decided to deny any Provincial requests to invoke the NWC to opt-out of civil union legislation. • A crucial win for gay rights!

  11. Law in the extreme • Public Pressure Prevails • (p. 82) • Are these victims entitled to some form of compensation? Who should pay? • Other examples where today’s citizens’ tax dollars compensate injustices of the past?

  12. Chapter 4 questions • (p. 83) # 1 – 4 • Due Friday

  13. References • http://www.cbc.ca/archives/categories/politics/language-culture/fighting-words-bill-101/bourassas-dilemma.html

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