Canadian Charter Of Rights And Freedoms: Case Study
A constitution is the supreme law of a nation that outlines the government structure for the nation and defines and limits government power.
The British North American Act (BNA Act) of 1867 was Canada’s first constitution that set up the basic system of government that we have today.
The Constitution Act of 1982 is the supreme law of Canada and it includes the Canadian Charter of Rights and Freedoms.
The Canadian Charter of Rights and Freedoms spells out the nature of civil rights in Canada.
All the laws in Canada must be consistent with it. Therefore, the government of Canada and the provincial governments are required to comply with it and to protect the fundamental rights of Canadians. The Charter can be used to protect individuals from …show more content…
unfair political or legal decisions.
All Canadians must receive equal treatment and protection under the law, regardless of their race, ethnic origin, religion, sex, age, disability or sexual orientation.
The notwithstanding clause allows Parliament or a provincial legislature to pass a law violating any of these rights (except the equality right that prohibits discrimination based on sex). They can do this simply by inserting in such law a declaration that it shall operate notwithstanding the fact that it is contrary to a particular provision of the Charter.
Our Basic Rights - The Charter of Rights and Freedoms
Most Canadians take the idea of rights for granted. However, it was not until 1982 that a Charter (legal document outlining rights) was included in the Canadian Constitution, the basic law of land. These basic freedoms are summarized as follows:
1. Fundamental Freedoms
a) freedom of conscience and religion
b) freedom of thought, belief, opinion, and expression including
i) freedom of the press (news reporters) ii) freedom of peaceful assembly (public and private meetings of groups) iii) freedom of association (to meet with anyone)
2. Democratic Rights
a) right to vote
b) right to run in an election
3. Mobility Rights
a) right to enter, stay in, and leave Canada
b) right to move to, stay in, and work in another province
4. Legal Rights
a) right to life, freedom, and security
b) protection from unreasonable search and arrest or unreasonable imprisonment
c) the right to have a lawyer
d) the right to be charged and tried for a crime in a reasonable time
e) the right to be considered innocent until proven guilty in a fair trial
f) the right not to be given cruel or unreasonable punishment
5. Equality Rights
a) protection from discrimination based on race, country or origin, colour, religion, age, sex, or any disability you might have
6. Official Languages
a) right to use English and French in the courts of Canada
7.
Minority Language Education Rights
a) the right the be educated in English or French where there are sufficient students
8. Aboriginal Rights (Native Peoples)
a) recognition of existing aboriginal and treaty rights of native peoples (Inuit, Indian, Metis)
The Charter of Rights - Case Studies
In each of the following cases, explain which sections(s) of the Charter of Rights and Freedoms might be infringed or broken and why. (Use the outline of the Charter to help you.)
1. An artist’s work is seized by police because it takes an unfriendly view of police in an inner city neighbourhood.
Section: Why?
2. The province of Manitoba decides that it will only hire people born in the province for government jobs.
Section: Why?
3. A Sikh student was suspended from employment training classes for wearing his ceremonial dagger.
Section: Why?
4. A female security guard learned that she was being paid $2.00 less per hour than her male co-workers.
Section: Why?
5. Pierre Labelle was tried for drug possession in court. He was ordered to speak English and not French, while
testifying.
Section: Why?
6. During the 1995 provincial vote (referendum) in Quebec, many voters found that their ballots were already spoiled by an X already marked on the ballot.
Section: Why?
7. At the Kingston Penitentiary for Women, inmates were beaten during a search for illegal drugs.
Section: Why?
8. A photographer from the Toronto Star had his film torn out of the camera by an angry police officer at a protest.
Section: Why?
9. Workers joining a union to negotiate for higher wages were arrested.
Section: Why?
10. The police picked up two teenagers at a Scarborough plaza, handcuffed them, and held them for two hours before releasing them.
Section: Why?
The British North American Act (BNA Act) of 1867 was Canada’s first constitution that set up the basic system of government that we have today.
The Constitution Act of 1982 is the supreme law of Canada and it includes the Canadian Charter of Rights and Freedoms.
The Canadian Charter of Rights and Freedoms spells out the nature of civil rights in Canada.
All the laws in Canada must be consistent with it. Therefore, the government of Canada and the provincial governments are required to comply with it and to protect the fundamental rights of Canadians. The Charter can be used to protect individuals from …show more content…
unfair political or legal decisions.
All Canadians must receive equal treatment and protection under the law, regardless of their race, ethnic origin, religion, sex, age, disability or sexual orientation.
The notwithstanding clause allows Parliament or a provincial legislature to pass a law violating any of these rights (except the equality right that prohibits discrimination based on sex). They can do this simply by inserting in such law a declaration that it shall operate notwithstanding the fact that it is contrary to a particular provision of the Charter.
Our Basic Rights - The Charter of Rights and Freedoms
Most Canadians take the idea of rights for granted. However, it was not until 1982 that a Charter (legal document outlining rights) was included in the Canadian Constitution, the basic law of land. These basic freedoms are summarized as follows:
1. Fundamental Freedoms
a) freedom of conscience and religion
b) freedom of thought, belief, opinion, and expression including
i) freedom of the press (news reporters) ii) freedom of peaceful assembly (public and private meetings of groups) iii) freedom of association (to meet with anyone)
2. Democratic Rights
a) right to vote
b) right to run in an election
3. Mobility Rights
a) right to enter, stay in, and leave Canada
b) right to move to, stay in, and work in another province
4. Legal Rights
a) right to life, freedom, and security
b) protection from unreasonable search and arrest or unreasonable imprisonment
c) the right to have a lawyer
d) the right to be charged and tried for a crime in a reasonable time
e) the right to be considered innocent until proven guilty in a fair trial
f) the right not to be given cruel or unreasonable punishment
5. Equality Rights
a) protection from discrimination based on race, country or origin, colour, religion, age, sex, or any disability you might have
6. Official Languages
a) right to use English and French in the courts of Canada
7.
Minority Language Education Rights
a) the right the be educated in English or French where there are sufficient students
8. Aboriginal Rights (Native Peoples)
a) recognition of existing aboriginal and treaty rights of native peoples (Inuit, Indian, Metis)
The Charter of Rights - Case Studies
In each of the following cases, explain which sections(s) of the Charter of Rights and Freedoms might be infringed or broken and why. (Use the outline of the Charter to help you.)
1. An artist’s work is seized by police because it takes an unfriendly view of police in an inner city neighbourhood.
Section: Why?
2. The province of Manitoba decides that it will only hire people born in the province for government jobs.
Section: Why?
3. A Sikh student was suspended from employment training classes for wearing his ceremonial dagger.
Section: Why?
4. A female security guard learned that she was being paid $2.00 less per hour than her male co-workers.
Section: Why?
5. Pierre Labelle was tried for drug possession in court. He was ordered to speak English and not French, while
testifying.
Section: Why?
6. During the 1995 provincial vote (referendum) in Quebec, many voters found that their ballots were already spoiled by an X already marked on the ballot.
Section: Why?
7. At the Kingston Penitentiary for Women, inmates were beaten during a search for illegal drugs.
Section: Why?
8. A photographer from the Toronto Star had his film torn out of the camera by an angry police officer at a protest.
Section: Why?
9. Workers joining a union to negotiate for higher wages were arrested.
Section: Why?
10. The police picked up two teenagers at a Scarborough plaza, handcuffed them, and held them for two hours before releasing them.
Section: Why?