Our rights and freedoms are in our constitution hard to change BUT our R and Fs are not defined well in the constitution We have to interpret their meaning They are not absolute What is the ID: 632363
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Slide1Slide2
Review Homework
Take
out your notes.
Our
rights and freedoms are in our constitution = hard to change
BUT our R and F’s are not defined well in the constitution.
We have to interpret their meaning.
They are not absoluteSlide3
What is the
reasonable limits clause?
Your rights and freedoms are limited to certain situations
‘Reasonable’ must be interpreted by the courtSlide4
Example…
We are protected against unreasonable each and seizure.
Police officers can search us for no reason.
What about police dogs at the airport?Slide5
The government can use the notwithstanding clause
This was created so that people couldn’t abuse their rights.
The
notwithstand
clause allows the government to create legislation to override several sections of the Charter that deal with fundamental freedoms, legal rights and equality rights.
If a change is made, it can only last for 5 years. Slide6
Example of the notwithstanding cause
1988 Quebec passed bill 101 = all signs in French
Supreme court said it violated right to freedom of expression
Quebec said that it was necessary in order for their language to survive
Government used the notwithstanding clause.
The Quebec government was allowed to keep French only on their signs. Slide7
A legal case that involves the charter…
1. Does the charter apply?
Has the charter been infringed? (Disregarded)
Does the reasonable limits clause justify the infringement?
If not, is there a remedy under the charter?
Only involving the government, no private cases.
The court examines the factsSlide8
Charter Scavenger Hung
Use your textbook to search for the answers. Slide9
Freedom of Conscience and Religion
Sometimes basic beliefs of a religion conflict with our rights and freedoms
Eg
. The supreme court allowed a Sikh man to wear his
kirpan
on school property.
Read the case study on page 41 and 42
Discuss the question with a partner. Slide10
Freedom of Thought, Belief, Opinion and Expression
It’s illegal to target groups because of their
colour
, race, religion or ethnic origin and to spread hate.
Eg
. James
Keegstra was teaching his students that the holocaust didn
’
t happen. Later the court ruled that the infringement could be justified because it would prevent people from hate propaganda. Slide11
Freedom of thought, belief, opinion, and expression
Canada’s hate laws
Contradicting each other (invading)
The court believes that this invasion is OK, and the law can be put into effect. Slide12
Let’s watch a short videoSlide13
What document protects our rights and freedoms?
Why is it a problem that Cuba has had the same government for 50 years?
What is the Amending Formula?Slide14
Complete worksheet on the Charter of Rights and Freedoms
Use the book to take notes on the different sections in the charter.
Homework:
Complete note worksheet
Write all chapter 2 words with a definition in your OWN words