Group Teaching Project

By: “Team Justice”(Rebecca King, Kendra Collicutt, John Labobe, Demi Jones, Stephen Jeffery)

Table of Contents

• Witness Rights (Pgs.2-6)• Language Rights (Pgs. 7-10)• Aboriginal Rights (Pgs. 11-14)• Making The Charter of Rights and Freedoms (Pgs. 15-18)• Questions (Pgs. 19 & 20)• Answers (Pgs. 21 & 22)• Credits (Pg. 23)

Witness Rights

Pages 98 & 99

What is a Witness?

• A witness is a person who is required to come to court to answer questions about a case.

• The answers a witness gives in court are called evidence.

• Before giving evidence, the witness promises to tell the truth.

Subpoena• Is a paper that you receive from the court that tells you where to

go, when you have to be there and who had asked you to go. • The crown prosecutor and the defendant’s lawyer will ask you

some questions before they ask you to become a witness. At this point you will have the choice whether you talk or not.

• But if you are given a Subpoena you must go to court and explain to the judge truthfully what you know about the case.

• If you do not go to court on the date that the subpoena says the judge will issue a warrant for your arrest and you will be charged with contempt of court.

Safety in the Court Room• When the witness arrives at the court, he

or she must go to the room stated on the subpoena. If the witness is having issues finding the court room he or she can ask for help from the RCMP or the court clerk.

• The witness is allowed to bring a friend so he or she feels better and more comfortable knowing they have someone there.

• The RCMP is there to provide safety for you as the witness, nothing will happen to you in court no matter how afraid you are of the accused.

Speaking in the Court Room• When you are speaking to the judge as a

witness you must refer to him or her as your honor.

• Lying in the court is an offence called perjury, if you commit this it will go on your criminal record and you can spend up to 14 years in jail.

Equality Rights in the court room

• Section 149 of the Equality act • Eliminate discrimination, harassment victimization and any other thing that goes

against the act. • There are eight relevant protected characteristics.

• Age • Disability• Gender reassignment • Pregnancy and Maternity • Race• Religion or belief• Sex• Sexual orientation.

• The Canadian Charter of Rights and Freedoms states that the witness has the right of his or her evidence given in a court room can not be used against him or her self.

Language Rights

Pages 100 & 101

• Provisions of sections 16-22 Include - English or French can be used in Parliament - Statutes, records, and journals of Parliament are to be published in both

languages - Members of the public are entitled to communicate with the federal

government in both English and French - The federal government must provide services in both languages at central

offices and elsewhere if there is sufficient demand - Either English or French can be used in courts established by Parliament,

including the supreme court of Canada • Section 22 of the Charter allows other languages to be acquired and enjoyed.

• In Canada, English is mostly the common language spoken. But citizens have the right to have their children educated in French if any of the following applies:

- Their first language is French - They received their own primary education in Canada

in French - Or they have a child who is already receiving or did

receive education in French• In Quebec, most people speak French, so citizens have the

right to have their children educated in English with the same primary acceptations as citizens who speak English.

Aboriginal Rights

Pages 101 & 102

Section 25 of the Canadian Charter of right’s and freedoms

• 25. The guarantee in this Charter of certain rights and freedoms shall not be Construed so as to abrogate or derogate from any aboriginal, treaty or other Rights or freedoms that pertain to the aboriginal peoples of Canada including

• (a) Any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

• (b) Any rights or freedoms that now exist by way of land claims Agreements or may be so acquired.

Section 27 of the Canadian Charter of right’s and freedoms

• 27. This Charter shall be interpreted in a manner consistent with the Preservation and enhancement of the multicultural heritage of Canadians.

Section 2 of the Canadian Charter of right’s and freedoms

• 2. Everyone has the following fundamental freedoms:

(a) Freedom of conscience and religion; (b) Freedom of thought, belief, opinion and

expression, including freedom Of the press and other media of communication; (c) Freedom of peaceful assembly; and (d) Freedom of association.

Making The Charter of Rights and Freedoms

Page 103

The Charter of Rights & Freedoms is . . .

• It is one part of the Canadian Constitution.• It is what holds some of our basic rules about rights that run our country.• Some rights and freedoms it states are: - Freedom of Expression,

- Right to live and look for employment anywhere in Canada,- Legal rights of people accused of Crimes, &- Aboriginal peoples’ Rights

• Sections 16 through 22 of the charter of rights and freedoms indicates that Canada is a bilingual country and that French and English languages have equal status’ in Parliament and federal government agencies.

• The multicultural nature of the Canada is mentioned in section 27• Section 23 Indicates the right of the Speaking of English and French in any

province to have people’s children educated in their own language.

When did the Charter come into effect?

• On the 17th of April (1982) the Charter came into effect.

• On the 17th of April (1985) section 15 came into effect.

Questions

• 1. Can a witness’ words be used against them?• 2. What does the court give a person who does not

speak English/French?• 3. How many parts are in Section 15 (1) of The Charter of

Rights & Freedoms, & what are they?• 4. In Section 15 (2) what does the intent of the wording

not apply to?• 5. Match these terms to their definitions.

a) Derogate i) to improve b) Ameliorate ii)to abolish or annul c) Abrogate iii)to take away or detract

Answers

• 1. No (section 13)• 2. Interpreter• 3. Three parts:

a) Every citizen is equal before and under the law,b) Every citizen has the right to equal protection and benefit of the law,c) These rights are to be applied equally and without discrimination.

• 4. Corporations• 5. a) iii

b)i c) ii

Credits• http://www.pch.gc.ca/pgm/pdp-hrp/canada/guide/ov-apr-

eng.cfm• Law in Action (Book)• https://consult.justice.gov.uk/digital...witnesses/.../

victimswitnesseseia%20.pdf• http://www.justice.gov.nt.ca/pdf/victimsservices/

being_a_witness.pdf• http://publications.gc.ca/collections/Collection/CH37-4-3-

2002E.pdf