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
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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