Canadian Charter of Rights and Freedoms By Mr
Canadian Charter of Rights and Freedoms By: Mr. Vogelsang
The Charter is designed to protect people from GOVERNMENT ACTION! It is not a tool for private disputes. Your friends or a company CANNOT violate your rights! Your remedy would be in civil court. By: Mr. Vogelsang
On page 38 of your text there is a 4 step guide for Charter Case analysis. Copy the 4 steps and leave room for explanation. 1) Does the Charter Apply? 2) Has the Charter been infringed? 3) Does the reasonable Limits Clause justify the infringement? 4) If not, is there a remedy in the Charter? By: Mr. Vogelsang
Guarantees our rights and freedoms , but they are subject to reasonable limits. • What is Reasonable? • What does the word demonstrably mean? • in an obvious and provable manner; Eg. Hate Speech By: Mr. Vogelsang
HATE SPEECH Sections 318, 319, and 320 of the Code forbid hate propaganda. [3] "Hate propaganda" means "any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319. " By: Mr. Vogelsang
33. Notwithstanding clause. - gov’t can declare legislation to be valid even if it violates a provision of the Charter; only can be used for sections 2, 715 and has a 5 year limit. - This is the “Nuclear Bomb” of the Charter. - Quebec and “signage law” By: Mr. Vogelsang
Section 2: Fundamental Freedoms a. Freedom of Religion b. Freedom of Thought , Belief, Opinion and Expression • R v. Keegstra- Teacher promoting hate. c. Freedom of Peaceful Assembly d. Freedom of Association By: Mr. Vogelsang
Section 3, 4, 5: Democratic Rights • right to vote and to run for office • elections every 5 years • parliament must meet at least once every 12 months By: Mr. Vogelsang
Section 6: Mobility Rights • Citizens have the right to enter, remain in, and leave Canada. • Citizens/permanent residents have the right to live and work in any province By: Mr. Vogelsang
Sections 7 -14: Legal Rights These rights will be dealt with more fully in the Criminal Law unit. • Search and Seizure • Life, Liberty, Security of the person. • Arrest and Detention • Cruel and Unusual Punishment • ETC By: Mr. Vogelsang
Section 15: Equality Rights • Guarantees legal equality to all Canadians • forbids discrimination on the basis of race, religion, national or ethnic origin, sex, age, mental or physical disability • allows affirmative action programs By: Mr. Vogelsang
Sections 16 -22: Official Languages • Confirms that Canada is a bilingual country and that citizens have the right to use the official language of his or her choice in Parliament or in any federal court • Language rights in other laws remain in effect • These language rights do not exclude rights of other languages By: Mr. Vogelsang
Sec 23: Minority Education Rights • People in a minority position in their province will be able to have their children schooled in Eng or Fr. (there are major qualifications - e. g. sufficient numbers. ) By: Mr. Vogelsang
Sec 24: Enforcement • Any person who feels that his or her rights and freedoms have been violated may seek help in court. • Judges will exclude evidence from courtroom proceedings that has been gathered in violation of the Charter. • Laws in Violation may changed Nullified. (Remedy) By: Mr. Vogelsang
3 Types of Remedies: What do courts do to violating laws? 1)Strike Down: Law is no longer in effect 2)Read in: Add to the law to make it valid. 3)Read out: Remove parts that are unconstitutional By: Mr. Vogelsang
Sec 25 -31: General Provisions • The charter shall not be interpreted in such a way as to interfere with native rights. • Rights and freedoms may exist other than the Charter (Bill of Rights) • Charter must be interpreted in such a way that supports our multicultural nature. • Rights and freedoms apply equally to males and females. By: Mr. Vogelsang
Sec 32: Applies to federal and provincial governments By: Mr. Vogelsang
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