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Protecting your individual rights

Canada’s Charter of Rights and Freedoms. “ 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?. Protecting your individual rights. Think about this….

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Protecting your individual rights

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  1. Canada’s Charter of Rights and Freedoms “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? Protecting your individual rights

  2. Think about this… • What would your life be like if you didn’t have a choice in what events and activities you took part in with others? • What rights and freedoms do you expect to have as a citizen in Canada? • When is it okay for laws to restrict people’s choices? • What’s the connection between having the right to be represented in government and your identity?

  3. Canada’s Charter of Rights and Freedoms- what is it? 1) It gives individual rights and freedoms to Canadian citizens 2) It gives collective rights and freedoms to groups in society. • Dates from 1982 • Part of Canada’s constitution – which is the highest law of Canada, all other laws must be consistent with it.

  4. Before the Charter…did people have rights in Canada? • Prior to the Charter of Rights and Freedoms, the provincial and federal governments had a variety of laws about individual rights. • So why do we have the Charter…

  5. Now that the Charter exists: • It creates constitutional protection for individual rights and freedoms, applying to all governments across Canada. • Canadians can challenge in court the laws that restrict their rights. • Canada’s government is justified in restricting rights, if it is necessary to maintain Canada as a free and democratic country.

  6. Think back to the judicial branch and how it works… Critical thinking Question #1 • How does the Charter of Rights and Freedoms connect to what you’ve learned about the judicial branch?

  7. The Charter • Application : - states that it applies to all levels of government • Limitations: - Not all rights are absolute subject to reasonable limitations

  8. YOUR INDIVIDUAL RIGHTS…(as stated by the Charter) Fundamental freedoms • Freedom to express your opinions (“I think it’s stupid that I can’t listen to my IPOD in class.”) • Freedom to choose your own religion • Freedom to organize peaceful meetings and demonstrations(protests on Parliament Hill) • Freedom to associate with any person or group.

  9. Democratic Rights • The right to vote for members of the House of Commons and of provincial legislatures • The right to vote for a new government at least every five years.

  10. Mobility Rights • The right to move anywhere within Canada and to earn a living there. • The right to enter, stay in, or leave Canada.

  11. Legal Rights • The right to be free of imprisonment, search and seizure without reasons backed by law or evidence. • The right to a fair and quick public trial by an impartial court that assumes that you are innocent until proven guilty.

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

  13. Official Language Rights • French and English are the two official languages in Canada - implications of this: All the laws made are in French and English in all the institutions of government. (Federal courts, House of Commons, etc)

  14. Minority Language Education Rights • People whose first language learned and still understood (French or English) is the minority in the province they live in, • People who have received their primary school instruction in French or English and that language is the minority of the province, • AND people who have received their primary or secondary education in French or English, HAVE the RIGHT to have all their children receive primary and secondary education in the same language.

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

  16. What does “entrenched” mean? *To fix firmly or securely; established firmly and securely.

  17. DID YOU KNOW? The Charter of Rights and Freedoms gives every person in Canada the same rights, whether they are a citizen or not!!! 2 EXCEPTIONS: You have to be a Canadian Citizen to: • Have the right to vote! • Have the right to leave Canada freely!

  18. Read the profile of Emily from Calgary and list some answers for the questions at the bottom of the page. PROFILE

  19. ITS HISTORY TIME!!!!!!!! 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" “EnemyAliens” Lemon Creek, BC. (Japanese, WWII) Castle Mtn., Alberta 1915(Poles, Italians, Bulgarians, Croatians, Turks, Serbians, Hungarians, Russians, Jews, and Romanians). Blackfoot Nation, Gleichen, Alberta, ca 1890

  20. Canada’s Past Not a Pretty Picture • We often think of Canada as the ‘free’ country. There are some events that have taken place in Canada that would leave us to believe otherwise. • The comparison of the past events with the present day, helps us to better understand how our government, our charter and our country has been shaped by these events, values and attitudes. • Read pages 141 and answer questions 1&2.

  21. Sunday shopping vs. the Sabbath • In your lifetime, you have probably always been able to shop on a Sunday. • DID YOU KNOW that until 1985 there was a law called the Lord’s Day Act that made it illegal for most Canadian businesses to open on Sunday? The law upheld the Christian Sabbath or day of rest. • Once challenged, only 3 months after the Charter, the Supreme Court overturned the law finding that it violated Canada’s fundamental right to freedom of conscience and religion.

  22. How does the Charter affect the Workplace? • Did you know? • The Charter of Rights and Freedoms creates equality rights in the workplace. For example, you have the right to work without facing discrimination based on race, religion or gender.

  23. Ontario Human Rights Code • Protects you from the private sector • Discrimination (different treatment, harassment)

  24. 5 areas you cannot discriminate under the OHRC • Employment • Goods, services, facilities • Landlord/ tenant • Vocational (professional associations, ie. OCT) • Contracts (any legal binding document with your signature)

  25. No discrimination based on the following grounds: (in the OHRC) • Race • Gender • Sexual orientation • Marital status • Family status (kids/no kids) • Criminal record • Disability • Citizenship • Age • Receipt of financial assistance • Religion

  26. Review the chapter

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