THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS RIGHTS

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

RIGHTS VS. FREEDOMS Right - legal, moral, or social claim that people are entitled to, primarily from their government. 1) Positive Right – permissions to do things - Right to education 2) Negative Right – permissions not to do things, or entitlements to be left alone - Right to life Freedom - conduct one’s affairs without governmental interference. Unlike a right, no one has a duty to oversee or enforce this freedom. - Passively upheld by lack of interference

A. RIGHTS AND FREEDOMS IN THE CHARTER ● The rights in the Charter fall into seven general categories… ● The Charter protects Canadians from the actions and policies of government, NOT private individuals or organizations.

SECTION 2: FUNDAMENTAL FREEDOMS Freedoms considered essential to a free and democratic society. ● Freedom of conscience: people can think and believe whatever they want; includes religion ● Freedom of belief and expression ● Right to peaceful assembly ● Freedom of association

SECTIONS 3 -5: DEMOCRATIC RIGHTS • ● Right to vote and run for office • ● Right to federal elections every five years • ● A sitting of Parliament at least once every 12 months.

SECTION 6: MOBILITY RIGHTS • The right to leave and enter Canada • Right to work/live in any province

SECTIONS 7 -14: LEGAL RIGHTS Intended to limit the power of government so that it can’t interfere with personal liberty. Basic legal rights include: ● Right to life, liberty and security of person ● Protection against unreasonable search or seizure ● Right to a fair trial and lawyer ● Protection against arbitrary detention (“Habeas Corpus”) ● Right to be presumed innocent until proven guilty ● Protection against “cruel and unusual treatment”

SECTION 15: EQUALITY RIGHTS The most controversial and far-reaching section of the Charter. Main points are: • Freedom from discrimination based on race, national or ethnic origin, religion, sex, age, or mental or physical disability • Permission for affirmative action programs: hiring of minorities to “level the playing field”; referred to as “reverse discrimination” by critics.

EQUALITY RIGHTS

SECTIONS 16 -22: : OFFICIAL LANGUAGE RIGHTS • ● Recognizes the official bilingual status of Canada and the equality of the French and English languages. - In parliament - In federal courts - In government institutions

SECTION 23: MINORITY LANGUAGE EDUCATION RIGHTS ● Right to education in English or French when there are significant numbers of students ● Each province decides whether to provide education in a minority language other than French or English.

SECTION 33: “NOTWITHSTANDING CLAUSE” Included in the Charter of Rights and Freedoms in order to convince all the provinces/territories to sign • ●“escape clause” for federal government and provincial governments. • ● allows a government to pass a law even if the law violates certain Charter rights! • ● categories affected by Section 33: • - Fundamental Freedoms • - Equality Rights • - Legal Rights

SECTION 1: REASONABLE LIMITS ● The rights and freedoms in the Charter are guaranteed within “reasonable limits” ● Sometimes, a right will conflict with other rights or with the “common good” • Example: the right to free speech v. the right to security of person. How far should our rights to say negative things about a different group of people (a certain race, age)?

HATE PROPAGANDA VS. FREE SPEECH 1990 JAMES KEEGSTRA CASE ● As a teacher, Keegstra made racist comments in the classroom. ● Supreme Court of Canada weighed James Keegstra’s rights to free speech against the offence of willfully promoting hatred under the Criminal Code.

COURT’S DECISION ● The court ruled that under section 1 of the Canadian Charter of Rights and Freedoms, a reasonable limit on free expression is justified in a democratic society: “since hate propaganda harms us all, then stopping its spread helps people from different backgrounds to live together — and may even reduce violence in Canada. ” ● Keegstra’s actions were not protected by the Charter. He was found guilty