How Does the Charter Protect Individual rights and Freedoms? In this Chapter 22/01/2014

Transcription

1 How Does the Charter Protect Individual rights and Freedoms? In this Chapter We will inspect the Canadian Charter of Rights and Freedoms We will explore specific cases of how the charter protected some individuals What is the Charter of Rights and Freedoms? The Charter of Rights and freedoms is part of Canada s Constitution. The Constitution sets out a framework for how Canada is to be governed The constitution is the highest law in Canada. All other laws must be consistent with it With the charter, Canadians can challenge in court laws that restrict their rights. The judicial branch makes decisions about these challenges by interpreting how to apply the charter 1

2 The charter gives the Canadian government the right to restrict rights, if the restrictions are necessary to maintain Canada as a free and democratic society. The War Measures Act Ex. The FLQ crisis, Montreal 1970 Your Individual Rights Under the Charter Lets read through pgs and come up with examples for each individual freedom. What Responsibilities do you believe that people have because of these rights? Complete the Cut and paste chart What does the Charter Reflect about Today's Society compared to the Past? We will be looking at some events from Canada s History. As we explore them, think about how the governments actions effected the individuals rights. How does the Charter protect these rights today? 2

3 First Nations and the Indian Act In 1876, parliament passed the Indian Act. It passed without consulting the First Nation Peoples, at a time when people of European decent generally viewed European ways as superior to those of the First Nation People. At points in history the Indian Act: Required First Nation Peoples to obtain government permission to wear traditional clothing Banned traditional Ceremonies Prevented First Nations from taking political action Forced first nation people to live on reserves Canadian Women and the Right to Vote Until 1918, women were not allowed to vote or run as a candidate in Canada Canadian women began campaigning in 1876, Led by Canada's first female doctor, Emily Howard Stowe The idea that women should be able to vote was so radical at the time, women's groups had to hide Toronto Women s Literary Club Dr. Emily Howard Stowe Nellie MaClung A famous Canadian feminist who was instrumental in the women's rights movement Historica minute mock parliament Emily Murphy Fought to have women recognized as persons by the British and Canadian government Historica Minute 3

4 Internment of Ukrainian Canadians At the beginning of World War 1 in 1914, more then 8000 people of Ukrainian and German descent who were living in Canada were arrested and sent to camps because of their identity. The Canadian Government passed the War Measures Act in 1914 which gave them the power to move people as they saw fit Canada and its allies were at war with Germany and Austria- Hungary The people interned had to work as labourers, they build roads and worked in national parks but received no wage. They were prisoners in their own country In 2005 Canada s parliament passed the Internment of Persons of Ukrainian Origin Recognition Act, which acknowledges this event in Canadian History The Internment Of Italian Canadians During WW2, Canada used the War Measures act again to arrest people of Italian descent and sent them to camps. Entire families were forced into camps and their properties seized In 1990, prime minister Brian Mulroney apologized to the Italian Community for the internment Some members of the community are seeking compensation. These negotiations are ongoing The Internment of Japanese Canadians On December 7 th, 1941 during WW2, Japan attacked Pearl Harbor. Canadians with Japanese ancestry suddenly found themselves treated with suspicion and hatred, even though most of them had been born and raised in Canada. In February 1942 Canada's government decided to move all peoples of Japanese origin away from the west coast. Under the war measures act, more then 200,000 men women and children were forced to leave their communities. They were loaded onto trains and moved inland into camps 4

5 Japanese peoples possessions and homes were confiscated and they were sent to work camps in the B.C. interior. These people were treated like enemies and hated even though most had been born and raised in Canada. Relatives of the Japanese Canadians interned received $21,000 in CBC clip How does the Charter Affect Law Making in Canada? We will read and explore how the charter affects legislation. You will find: Examples of citizens who have exercised their individual rights by challenging government legislation Examples of issue affecting individual rights Group Work Break into 4 groups Each group will select one of the following examples of legislation challenging individual rights. you must then answer the following and present to the class A summary of what happened How the individual rights were violated What legislation was challenged? What changed 5

6 Breaking the communication barrier- pg 105 Always open- pg 106 Restrictions on flying- pg Banning junk food ads- pg 109 How Does the Charter Affect the Workplace? The charter is in place to protect the rights of Canadians in every aspect of their lives including the workplace Can you think of an instance where you or someone you know was treated unfairly at work? How can the charter help them? Example In 2001,4 Ontario women and 5 labour unions launched a Charter Challenge arguing that the was discriminating against them based on their gender A 1993 Ontario law required that men and women be paid the same wage for the same job when they had equal levels of training and experience The women said the province hadn t followed through on the law and that them and their female co-workers were owed millions of dollars in lost wages. The case went to the supreme court. The women won their suit and the Ontario government had to pay $414 million on equity payments 6

7 Read pg Mary Kelly Read pg 115- Professor Olive Dickason Based on the article how easy or difficult is it to issue a charter challenge? Is the charter effective when it comes to protecting the individuals rights of Canadians? Questions to think about What jobs are young people legally allowed to hold in Alberta? Are their any rules that are set especially for young people? Do these rules violate your right to work in any way? What workplace issues might you encounter as a server in a restaurant? How might the charter protect you? Questions You Should be Able to Answer How does the Charter protect individual rights and freedoms? How does the Charter affect law making in Canada? How does the Charter affect the workplace? 7

8 Future Fright While watching the video, think about the following: Would you be willing to give up your individual rights in order to be safe? What section of the Canadian Rights and Freedoms do you think is the most expendable? 8