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CHAPTER 3 – MEETING LEGAL CHALLENGES
The Constitution & the Charter of Rights
- The Constitution Act, 1982 replaces the acts and orders contained in the British North America Act, 1867, and today is the “supreme law” of this country
- Section 52 (1) of the constitution proclaims that: The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect
- Sections 1-34 of Part 1 of the constitution are collectively called the Canadian Charter of Rights and Freedoms. Provides these rights to every Canadian:
Freedom of conscience and religion
Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
Freedom of peaceful assembly
Freedom of association
- The Charter of Rights provides protection to every Canadian in the following areas:
Fundamental freedoms;
Democratic rights
The right to live and seek employment anywhere in Canada
Legal rights: the right to life, liberty, and personal security
Equality rights for all individuals
Officially recognized languages of Canada
Minority language educational rights
Canada’s multicultural heritage
Aboriginal peoples’ rights
- The constitutional law sets the limits and conditions on what the various levels of government can do to influence employment practices
Human Rights Legislation
- Today, the federal gov’t and all of the provinces and territories have human rights legislation which prohibit discrimination within their respective jurisdictions
- Section 7 of the Canadian Human Rights Act says:
It is a discriminatory practice, directly/indirectly,
To refuse to employ or continue to employ any individual, or
In the course of employment, to differentiate adversely in relation to an employee, on a prohibited ground of discrimination
- While the Charter of Rights guarantees equality before the law for every Canadian,
The Constitution & the Charter of Rights
- The Constitution Act, 1982 replaces the acts and orders contained in the British North America Act, 1867, and today is the “supreme law” of this country
- Section 52 (1) of the constitution proclaims that: The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect
- Sections 1-34 of Part 1 of the constitution are collectively called the Canadian Charter of Rights and Freedoms. Provides these rights to every Canadian:
Freedom of conscience and religion
Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
Freedom of peaceful assembly
Freedom of association
- The Charter of Rights provides protection to every Canadian in the following areas:
Fundamental freedoms;
Democratic rights
The right to live and seek employment anywhere in Canada
Legal rights: the right to life, liberty, and personal security
Equality rights for all individuals
Officially recognized languages of Canada
Minority language educational rights
Canada’s multicultural heritage
Aboriginal peoples’ rights
- The constitutional law sets the limits and conditions on what the various levels of government can do to influence employment practices
Human Rights Legislation
- Today, the federal gov’t and all of the provinces and territories have human rights legislation which prohibit discrimination within their respective jurisdictions
- Section 7 of the Canadian Human Rights Act says:
It is a discriminatory practice, directly/indirectly,
To refuse to employ or continue to employ any individual, or
In the course of employment, to differentiate adversely in relation to an employee, on a prohibited ground of discrimination
- While the Charter of Rights guarantees equality before the law for every Canadian,