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The Canadian charter of rights and freedoms The Canadian charter of rights and freedoms

The Canadian charter of rights and freedoms - PowerPoint Presentation

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The Canadian charter of rights and freedoms - PPT Presentation

Historical progress 18 th amp 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 ID: 275574

charter rights bill amp rights charter amp bill freedoms declaration women canadian clause laws legislation federal override freedom law

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Slide1

The Canadian charter of rights and freedomsSlide2

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

Inalienable rights to equality & libertySlide3

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 punishmentSlide4

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 womenSlide5

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 hearingSlide6

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!Slide7

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 lawsSlide8

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”Slide9

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

overriddenSlide10

Envoking the clause

Has been invoked more than 15 times

1980s,

Sask

labour

dispute w/

prov

gov

workers***

1982 – 1985, every legislation by

Parti

Quebequois

(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!Slide11

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?Slide12

Chapter 4 questions

(p. 83)

# 1 – 4

Due FridaySlide13

References

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