Outline:

What are rights and freedoms

History of Rights and Freedoms

Evolution of Rights and Freedoms in Canada

Entrenching Rights and Freedoms in Canada

A legal, moral, or social entitlement that citizens can expect, mainly from government

Example:

People in Canada are entitled to a fair trial

The right to conduct one’s affairs without government interference

Example:

You have the right to seek employment anywhere in Canada

Freedom

Freedoms do have limitations however that are

necessary to protect public safety and the fundamental rights and

freedoms of others

What rights should people have?

Should some rights be absolute (meaning unrestricted)?

Is everyone entitled to the same rights?

What is the power of the government in creating and enforcing rights?

How can people

ensure that governments do not restrict their rights and freedoms?

HISTORICAL DOCUMENTS AT THE ROOT OF CANADA’S CHARTER

Canadian Charter of

Rights1982

1) Magna Carta (England, 1215)

2) Declaration of Independence (USA, 1776)

3) U. N. Universal Declaration of Human Rights (1948)

The Magna Carta (1215) was the first step in establishing

basic individual rights for the people

of England -ie) Habeas Corpus

Magna Carta overview

Horrible Histories - Bad King John

The Bill of Rights (1689) gave the British Parliament supremacy over the monarchy and extended certain civil rights to citizens

Declaration of Independence (1776) in the USA and the Declaration of Rights of Man (1789) in France declared all people have natural rights, and provided for inalienable rights of equality and liberty

John Adams Clip john adams dec of ind

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights. . .” ~ Thomas Jefferson, 1776

“The law of the Creator, which invests every human being with an inalienable title to freedom, cannot be repealed by any interior law which asserts that man is property.” ~ Salmon P. Chase, c. 1830

Guaranteed entitlements that cannot be transferred from one person to another - we are born with them

A theoretical set of human rights that are fundamental, are not awarded by human power, and cannot be surrendered

These rights cannot be legislated away, nor are they subject to the momentary whim of an electoral majority

Opposite of alienable rights - rights that can be bought or sold such as property rights

Inalienable rights include:

Freedom of Speech and Expression

Freedom of Religion and Conscience

Freedom of Assembly

The Right to Equal Protection before the Law

Human rights movement began after World War II

Passed by the United Nations

Recognized inalienable rights and fundamental freedoms

Guaranteed the freedoms of: Thought Opinion Expression Conscience Religion Peaceful Assembly and

Association

It also declared: Equal rights for Men and

Women Equality before the Law Innocent until Proven Guilty Education Rights Freedom from Torture or

Inhumane Punishment E. Roosevelt and UDHR

Voting rights extended to women in

1918, to people of races in 1948, and to

Status Indians in 1960

In 1929, Nellie McClung and the

Famous Five challenged that women are persons to the Privy Council in

England

Slavery is abolished under

the British Emancipation Act

in 1833

Women are allowed to stand in parliament in

1918

The Canadian

Parliament attempted to codify

rights and freedoms

across Canada in

1960

A statute law enacted by Prime Minister John Diefenbaker, the Canadian Bill of Rights recognized:

The rights of individuals to life, liberty, personal security, and enjoyment of property

Freedom of religion, speech, assembly, and association

Freedom of the Press

The right to counsel and the right to a fair hearing

The Bill of Rights had limitations:

It was a federal statute and it applied only to matters under federal jurisdiction

Had the same status as other statutes:

It did not take precedence over any other statute

It could also be amended, or even eliminated by a majority vote in the House of Commons.

People including Pierre Trudeau believed the Bill of rights did not offer Canadians sufficient protection

Sought to entrench rights and freedoms into the Canadian Constitution

Entrench – to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution

When Canada's Constitution was patriated in 1982, the Constitution Act included the Canadian Charter of Rights and Freedoms Ensures that people are

protected, regardless of the government in power

Also means that these rights and freedoms became constitutional law, which overrides all other laws

Any federal or provincial law must be consistent with the terms of the Constitution

• Charter video overview

The Charter shifted the power from the supremacy of Parliament and legislatures towards supremacy of the Constitution and the courts which interpret it

Not all premiers agreed with entrenching rights and freedoms in the Constitution

Some felt that entrenching certain rights and freedoms would reduce the law-making powers of Canadian governments and give too much power to the courts

Premiers only agreed to the Charter on the condition they had limited power to override (to prevail over) it

Section 33 of the Charter grants the federal government and provincial governments limited power to pass laws that may violate freedoms or rights in the Charter (s 2 and s 7 to 15 of the Charter)

Exemption has a five year limit and must be renewed thereafter

When invoked (to put into effect), the particular law must specify what sections of the Charter are being overridden

Quebec's Bill 101

required all public signs to be in French only

the Supreme Court of Canada ruled that Quebec's Bill 101 was invalid because it infringed on freedom of expression

The Quebec government responded by bringing in another bill and invoking the notwithstanding clause to allow the "French only" law to stand.

1939-1945: Injustices committed in Canada during World War II. For example, the rights of Japanese Canadians were suspended (internment camps).

1945-1948: In 1945 (after WWII), the United Nations was created. In 1948, the UN General Assembly adopted the Universal Declaration of Human

Rights.

1960: A new social justice movement. In Canada, a number of groups, such as women, Aboriginals and visible minorities were being discriminated against and felt excluded from society

1960: The Canadian Bill of Rights was adopted. It had weaknesses. For example, it was just a statute and was not part of the Canadian Constitution.

Influences on the Canadian Charter

of Rights and Freedoms