Rights & Freedoms

Rights & Freedoms

Unit #2 RIGHTS & FREEDOMS DAY 1 Would the Charter of Rights and Freedoms have any application in Aprils complaint?

What is the difference between a right and a privilege? Right vs Freedom RIGHT a legal, moral, or social entitlement What we can expect

Ex. Right to be presumed innocent FREEDOM Ability to go about your business without interference from the government Ex. Freedom of speech Evolution of Canadas Rights and Freedoms 1. CANADIAN BILL OF RIGHTS

Drafted in response to horrendous human rights abuses in WWII Recognized many rights and freedoms It was a federal statute Problems: Easily changed because it did not have authority over other statutes Equality issues Evolution of Canadas Rights and Freedoms

2. CANADIAN CHARTER OF RIGHTS AND FREEDOMS Included in Constitution Act, 1982 Entrenched our rights Rights and freedoms can only be changed by an amendment to the Constitution (so very difficult) Enforced by the Supreme Court Judges will strike down laws that violate the Charter Problems: Written too broadly???? Lets look at some of the sections of the

Canadian Charter of Rights and Freedoms Canadian Charter of Rights and Freedoms SECTION 1: REASONABLE LIMITS CLAUSE Rights and freedoms outlined in the Charter can be limited as long as the limits are

reasonable (justified) Rights are NOT absolute R v. Oakes In 1982 David Oakes was convicted of unlawful possession of narcotic for the purpose of trafficking

Appeal Oakes argued that s. 8 of the Narcotic Control Act, which placed the burden of proof on the accused, violated the presumption of innocence contained in s. 11(d) of the Charter. Appeal court found that, s. 1 of the Charter, seasonable limitations were justified Oakes Test Court agreed that it may become necessary to limit rights & freedoms in certain circumstances.

They established 4 criteria for determine whether a right should be subject to limits. Oakes Test

Is the reason for limiting the Charter important enough to override the persons right? Is the limit to the persons right reasonably and logically connected to the objective of the legislation? Is the persons right limited as little as possible? Does the severity of the limitation match the importance of the objective?

If you answer _YES_ to all of the questions, then the limit on your right/freedom is JUSTIFIED. If you answer _NO_ to any of the questions, then the limit on your right/freedoms is _NOT justified. R.I.D.E Program Use the OAKES Test to determine if it is lawful. Under the R.I.D.E. program, the police are stopping and detaining motorists arbitrarily

to investigate whether or not they might be committing a criminal offence. Justice's of the Supreme Court agree that the RIDE program is unlawful as they violate your s. 9 Charter right, but s. 1 upholds the rights of the police to do this. In the charter package read Case 1 & answer the question Canadian Charter of Rights and

Freedoms SECTION 33: NOTWITHSTANDING CLAUSE Allows the federal and provincial governments to pass laws that are exempt from section 2 (fundamental freedoms) and 7-15 (legal & equality rights) in the Charter Exemption lasts for 5 years, then must be renewed

Ex. Quebec Exemption Clause (Sept 2013) In charter package read Case 2 & answer the following questions: Who was Ford? Ford was on of 5 retailers challenging the Bill What was the issue with Bill 101 and her store? Business name was Les Lainages du Petit Mouton Enr, but sign said Laine Wool Bill 101 required all signs to be in French only Why did the two courts rule Bill 101 infringed on the rights guaranteed in the Charter?

Freedom of expression included the ability to express in the language of ones choice. How was the Quebec government able to apply a French only statute despite the courts rulings? By introducing Bill C-178, invoking the notwithstanding clause. Allowing the original law concerning French only sings was allowed to stand for at least five years. The Quebec government after lengthy court battles decided to compromise in 1993. Why did the government do it in 1993 as compared to a different year? Because it was five years later, therefore they would have lost Explain: The current legislation is vague in the wording and therefore open to interpretation. Can allow for things to be taken in differently from person to person or case to case.

Unit #2 RIGHTS & FREEDOMS DAY 2 Newspaper article- Naked Man Is the mans freedom of expression being violated?

What kind of impact would there be in society if the courts decide to strike down nudity laws? How do the courts balance the individuals rights with societys rights? Canadian Charter of Rights and Freedoms

SECTION 2: FUNDAMENTAL FREEDOMS (a) - Freedom of Religion You have the right to: Entertain the religious beliefs you choose Declare those beliefs openly without fear Right not to have values imposed on us (ex. no longer say the Lords Prayer in school) Canadian Charter of Rights and Freedoms SECTION 2: FUNDAMENTAL FREEDOMS

(b) - Freedom of Expression Free to think and believe what you want express through writing, speech, painting, photography, etc. Freedom of the press and other media

Freedom of Speech in Canada Anti-Terrorist bill Canadian Charter of Rights and Freedoms SECTION 2: FUNDAMENTAL FREEDOMS (c) - Freedom of Peaceful Assembly Freedom to gather peacefully ex: political demonstrations/friendly protests Students protest increase tuition fees not so peacefully

Canadian Charter of Rights and Freedoms SECTION 2: FUNDAMENTAL FREEDOMS (d) Freedom of Association Freedom to connect with other people or groups ex: unions, political parties Freedom of Religion Cases 3 -6 Case 3: R. v. Big M Drug Mart Ltd.

(1985) Supreme Court of Canada Questions: Explain why the Supreme Court of Canada unanimously agreed the Lords Day Act violated the Charter? It was a Christian based and infringed upon the freedom of religion The government attempted to apply section 1 of the Charter Reasonable Limits Clause to justify the law. What were the lawyers for the government attempting to convey to the Supreme Court judges? They believed that everyone accepts the need and value of a universal day of rest, and it should just be on the day that traditionally been accepted by most Canadians.

Case 4: Iko Tyoke Questions: Many could argue the request for cancellation of morning exercise is not justifiable since only one student out of the entire school claimed it infringed on the Freedom of Religion. What is your opinion about this statement? The school offered an alternative. Was this sufficient to eliminate the infringement of the Freedom or Religion or did this simply open doors to a human rights discrimination violation?

Suppose this situation took place at a Catholic school. Discuss if this would be a different issue. The Canadian National Anthem has been in controversy at different times. It is predominantly Christian in principle God keep our land.. Most Canadians respect and honour the playing of the National Anthem but shouldnt the National Anthem reflect the cultural diversity of our nation? Case 5: Binhah - safety

Questions: Is this a reasonable limits application? On one hand, there is the freedom of religion and on the other right to be secured from danger. The company and the Safety Commission must consider the well-being of the employees. Do you think the dismissal is warranted and legal on a constitutional basis? In Ontario, any bicycle rider under the age of 16 (or 18 without parental permission) must wear a helmet as prescribed by law. Some young Sikh boys wear turbans in accordance with their religion. Is this law an infringement of Religion? Apply the same concepts as used in #1. Explain:

This might be a discrimination issue for the Human Rights Commission. Case 6: Sikhs in court Questions: Does discrimination on the basis of religion exist in this situation? Use the reasonable limits clause to fully justify your answer. Brainstorm at least 2 other places where a Sikh male may not be allowed to wear his kirpan.

Freedom of Expression Case 8: R. v. Butler, (1992) 1 S.C.R. 452 Questions: Do you believe that the legally obscene material distributed by Butler and others is harmful to society, particularly to women? Do you feel that the reasonable limits clause should apply? Explain.

Why are TV shows and movies allowed to convey murder and other horrible acts? Freedom of peaceful assembly Case example In the 1990s, people gathered to celebrate (protected under freedom of peaceful assembly) with other hockey fans (protected under freedom of association) a Vancouver Canucks win during the Stanley Cup

hockey playoffs. However, when the assembly turned into a riot in 2011, the freedoms of others (such as those of shopkeepers whose windows were broken and of bystanders who felt a threat to their personal safety) were compromised. The police had to arrest some rioters who were then charged with breaking the law. Freedoms are guaranteed only to such reasonable limits as can be justified in a free and democratic society. Case 12 - Convoy

Would freedom of peaceful assembly allow this action to be conducted legally or would section 1 apply in this case? Explain using specifics. Freedom of Association Cases 13 & 14 Case 13: Canada (Attorney General) v Bedford, 2012 ONCA 186

Questions: What two laws were struck down by the Ontario Court of Appeal and why? The word prostitution applies to s. 210 of Criminal code & drivers and bodyguards would be legal but not pimps, who are known to exploit sex trade workers. What law wasnt struck down by the ONCA and why? Openly solicit customers on the street What do you think will be the Supreme Court of Canada will rule on each of the three laws? Why? Case 14: March 2001, Canada's Anti-Gang Law

Questions: In your own words explain Bill C-95. If you are in a gang and know of an indictable offence that occurred, you will be liable and serve a minimum sentence of 5 years in prison What is the main intention of Bill C-95? To decrease illegal gang activity and discourage people from joining. Critics argue although the intention of the bill is justifiable, it may infringe on the Freedom of Association. Bill C-95 assumes you are presumed guilty simply through association. This violates one of Canadas most fundamental rights of being innocent until proven guilty. Do you think Bill C-95 is constitutional and the government has the right to limit a persons freedom if the result may lead to a

more secure place for others? Discuss. Unit #2 RIGHTS & FREEDOMS DAY 3 Canadian Charter of Rights and Freedoms SECTION 3-5: DEMOCRATIC RIGHTS 3 Right to Vote

Right to vote in an election and run for office Subject to reasonable restrictions such as age, mental capacity, residence, and registration 4 Election Opportunity to elect a new federal and provincial government every five years except under extraordinary circumstances ex: war In the running of the Election campaign

Stephen Harper Conservative Tom Muclair Justin Trudeau NDP Liberal Elizabeth May Green Gilles Duceppe Bloc Quebecois

Canadian Charter of Rights and Freedoms SECTION 3-5: DEMOCRATIC RIGHTS 5 Parliament & Legislative Assemblies Parliament and legislative assemblies must hold at least one session a year Provides an opportunity for both elected members and the public to question government actions and policy

Canadian Charter of Rights and Freedoms SECTION 6: MOBILITY RIGHTS Concerns the rights of Canadian citizens to move in and out of the country and between provinces Ex. People are free to live here in Waterloo Region and move to anywhere in Canada

In 1991, Richard Sauve, who was serving a life sentence for first-degree murder, challenged the Canada Elections Act arguing that s.51 c, which denied the right to vote to all inmates serving sentences, violated s. 3 (the right to vote) and s. 15 (equality rights) of the Charter. The Supreme Court needed to make a decision on this matter. Prisoners Voting Debate

Form groups of 6 Separate into two teams of 3 Side 1 Prisoners should have the ability to vote in elections Side 2 Prisoners should NOT have the ability to vote in elections Unit #2 RIGHTS & FREEDOMS

DAY 4 Canadian Charter of Rights and Freedoms SECTION 7-13: LEGAL RIGHTS 7 Life, Liberty, & Security of the Person Life - Right to be alive, free from government torture and execution

Liberty Free to act and choose as you want Security Protects mental state of the individual The life of abortion activist Henry Morgentaler Assisted Suicide Issue in Canada Sue Rodriquez Canadian Charter of Rights and

Freedoms SECTION 7-13: LEGAL RIGHTS 8 Unreasonable Search & Seizure Police must have a good reason for searching the person, home, or belongings of an accused The search must be conducted fairly

Police can only search for what they have permission to search for Canadian Charter of Rights and Freedoms SECTION 7-13: LEGAL RIGHTS 9 Arbitrary Detention or Imprisonment People cannot be held for questioning, arrested,

or kept in jail by the police without good reason Arbitrary means randomly Canadian Charter of Rights and Freedoms SECTION 7-13: LEGAL RIGHTS 10 Rights While Under Arrest or Detention

Right to be told why you are being arrested (while being arrested) Right to be told that you may get the assistance of a lawyer legal counsel is available free of charge if the accused cannot afford a lawyer Canadian Charter of Rights and Freedoms SECTION 7-13: LEGAL RIGHTS

11 Rights When Charged with a Criminal Offence Outlines several rules that protect anyone who has been charged with an offence To be assumed innocent until proven guilty To be tried in court within a reasonable amount of time To not be forced to testify at your own trial The right to trial by jury for serious charges Canadian Charter of Rights and Freedoms SECTION 7-13: LEGAL RIGHTS 12 Cruel and Unusual Treatment or Punishment

Governments cannot treat or punish individuals in an unnecessarily harsh manner Ex. Death penalty not legal here in Canada under s.12 In deciding what is cruel the court considers: The gravity of the offence The personal characteristics of the offender The particular circumstances of the case Canadian Charter of Rights and Freedoms

SECTION 7-13: LEGAL RIGHTS 13 Rights of Witnesses in Court Witnesses giving evidence in court cannot have testimony used against them Anyone who is hearing impaired or cannot understand or speak the language used in court has the right to an interpreter

SECTION 7- 12 LEGAL RIGHTS 12 The right not to be subjected to cruel and unusual treatment or punishment *Ex: Robert Latimer Case father claimed that in the case of a compassionate homicide, a mandatory minimum sentence for first degree murder (LIFE IN PRISON WITH NO CHANCE OF PAROLE FOR 25 YEARS) was cruel and unusual punishment http://curio.ca/fr/video/robert-latimer-267/ Latimer timeline Latimer Debate

Form groups of 6 Separate into two teams of 3 Side 1 Mandatory minimum sentences for a compassionate murder is cruel and unusual punishment

Side 2 Mandatory minimum sentences for a compassionate murder is NOT cruel and unusual punishment Watch video to help establish your arguments before debating Compassionate Homicide Debate Form groups of six.

Separate into two groups of three. Side 1 The courts should take circumstances and intentions into consideration when sentencing those who have committed a compassionate homicide Side 2 The courts should sentence all people who commit murder similarly regardless of whether it was done for compassionate reasons or not

Come up with approximately 6-8 important facts or points to support your side. Draw on what you heard in the video, what you know about law and of course, your groups own opinions. Each person must present at least one point during the debate. Group the facts together so that it makes the most sense. Side 1 will present first and then Side 2. Both groups must listen to the other side without interrupting.

Discuss with your group three points the other side made. Create at least three arguments to counter the other sides statements. Present your rebuttal. Side 2 goes first this time. Now that you know both sides, what do think the decision should be in the Latimer case?

Unit #2 RIGHTS & FREEDOMS DAY 5 Canadian Charter of Rights and Freedoms SECTION 15: EQUALITY RIGHTS Every citizen is equal before and under the law

Every citizen has the right to equal protection and benefit of the law These rights are to be applied equally and without discrimination

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