Chapter 4Chapter 4Canadian Charter Of Rights Canadian Charter Of Rights

and Freedoms:and Freedoms:Trudeau’s most significant Trudeau’s most significant

accomplishmentaccomplishmentConstitution Acts, 1867 to 1982Constitution Acts, 1867 to 1982

Rights and FreedomsRights and Freedoms

A A rightright is a legal, moral or social entitlement that is a legal, moral or social entitlement that citizens can expect from the government. (right to a citizens can expect from the government. (right to a fair trial, no unlawful search and seizure, legal council, fair trial, no unlawful search and seizure, legal council, fair trial, habeas corpus, reasonable bail)fair trial, habeas corpus, reasonable bail)

FreedomFreedom, although limited, means the right to conduct , although limited, means the right to conduct one’s affairs one’s affairs without government interferencewithout government interference. (. (limitedlimited by the need for by the need for public safetypublic safety and and the protection of the protection of other people’s rights-other people’s rights-FREEDOM OF SPEECH vs. FREEDOM OF SPEECH vs. Libel/slander/hate crimes-Libel/slander/hate crimes-REASONABLE LIMITS REASONABLE LIMITS THAT CAN BE DEMONSTRABLY JUSTIFIEDTHAT CAN BE DEMONSTRABLY JUSTIFIED

Inalienable RightsInalienable Rights are are guaranteed guaranteed entitlementsentitlements that that cannot be taken away cannot be taken away without due process of lawwithout due process of law. (equality, . (equality, liberty)liberty)

FranchiseFranchise, the right to vote (especially for , the right to vote (especially for women), is an important inalienable right women), is an important inalienable right (prisoners can still vote)(prisoners can still vote)

The First Attempt: The First Attempt: PM DIEFENBAKER’S Canadian Bill Of Rights PM DIEFENBAKER’S Canadian Bill Of Rights

Passed in Parliament in 1960, it recognized…Passed in Parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, personal security 1. The rights of individuals to life, liberty, personal security

and and enjoyment of propertyenjoyment of property (not in Charter) (not in Charter) 2. Freedom of religion, speech, assembly and association.2. Freedom of religion, speech, assembly and association. 3. Freedom of the press.3. Freedom of the press. 4. The right to counsel and the right to a fair hearing.4. The right to counsel and the right to a fair hearing. Flaws: As a Federal statue it only applied to Flaws: As a Federal statue it only applied to

federal mattersfederal matters, , as a statute it was the same as as a statute it was the same as any otherany other, leaving it open to interpretation and , leaving it open to interpretation and finally, finally, as a statute it could be amended by the as a statute it could be amended by the House of Commons.House of Commons.

I Am A Canadian- One Nation, One Canada - YouTubeI Am A Canadian- One Nation, One Canada - YouTube

Canadian Charter of Rights and Canadian Charter of Rights and Freedoms-PM TrudeauFreedoms-PM Trudeau

To solve the problems with our bill of rights it had to To solve the problems with our bill of rights it had to be be entrenchedentrenched, that is, to protect and guarantee a , that is, to protect and guarantee a right or freedom by ensuring that right or freedom by ensuring that it can only be it can only be changed by an amendment to the constitutionchanged by an amendment to the constitution..

The Charter became The Charter became part of our constitutionpart of our constitution in 1982, in 1982, which means they override all other laws.which means they override all other laws.Pierre Trudeau: Charter of Rights and Freedoms - YPierre Trudeau: Charter of Rights and Freedoms - YouTubeouTube

Fundamental Freedoms- Segment One- Overview ofFundamental Freedoms- Segment One- Overview of the Canadian Charter of Rights and Freedoms – Yo the Canadian Charter of Rights and Freedoms – YouTubeuTube

Fundamental Freedoms- Segment Two- History of thFundamental Freedoms- Segment Two- History of the Canadian Charter of Rights and Freedoms - YouTue Canadian Charter of Rights and Freedoms - YouTubebe

SCARY HUMAN RIGHTS VIOLATIONS SCARY HUMAN RIGHTS VIOLATIONS AND DISCRIMINATION!!!!AND DISCRIMINATION!!!!

Fundamental FreedomsFundamental Freedoms Freedom of Conscience and ReligionFreedom of Conscience and Religion The First Turban In The RCMP – YouTubeThe First Turban In The RCMP – YouTube http://www.cbc.ca/archives/categories/society/religion-spirituality/religion-in-the-classroom-1/kirpahttp://www.cbc.ca/archives/categories/society/religion-spirituality/religion-in-the-classroom-1/kirpa

n-controversy-in-the-classroom.htmln-controversy-in-the-classroom.html CBC Digital Archives - Religion in the Classroom - CBC Digital Archives - Religion in the Classroom - KirpanKirpan controversy in the classroom controversy in the classroom Canadians React to Ottawa Shooting Racism - YouTubeCanadians React to Ottawa Shooting Racism - YouTube

Freedom of thought and expressionFreedom of thought and expression (EXCEPT LIBEL, SLANDER, (EXCEPT LIBEL, SLANDER, HATE, VULGARITY, HARDCORE PORNOGRAPHY/MISOGYNY)HATE, VULGARITY, HARDCORE PORNOGRAPHY/MISOGYNY)

Freedom of peaceful assembly and associationFreedom of peaceful assembly and association (LIMIT: THE (LIMIT: THE RIOT ACT OR HATE GROUPS OR TERRORIST GROUP WATCH RIOT ACT OR HATE GROUPS OR TERRORIST GROUP WATCH LIST)LIST)

List of designated terrorist organizations - Wikipedia, the free List of designated terrorist organizations - Wikipedia, the free encyclopediaencyclopedia

Other Important RightsOther Important Rights Equality RightsEquality Rights (race, religion, sex (orientation), gender, physical (race, religion, sex (orientation), gender, physical

ability, etc) ability, etc)

DISCRIMINATION BASED ON THESE IS AGAINST THE CHARTER!!!!DISCRIMINATION BASED ON THESE IS AGAINST THE CHARTER!!!!

RACERACE-Canadians React to Ottawa Shooting Racism – YouTube-Canadians React to Ottawa Shooting Racism – YouTube RACERACE--

http://metronews.ca/news/halifax/786839/former-leons-employee-calls-statuhttp://metronews.ca/news/halifax/786839/former-leons-employee-calls-statue-lynching-at-dartmouth-store-a-hate-crime/e-lynching-at-dartmouth-store-a-hate-crime/

RACERACE--http://www.paherald.sk.ca/News/Regional/2014-04-10/article-3684375/Humhttp://www.paherald.sk.ca/News/Regional/2014-04-10/article-3684375/Human-Rights-Commission-sides-with-former-Dartmouth-Leon%26rsquo%3Bs-ean-Rights-Commission-sides-with-former-Dartmouth-Leon%26rsquo%3Bs-employee-in-racism-complaint/1mployee-in-racism-complaint/1

RACE- RACE- Driving While Black | Canadian Human Rights ReporterDriving While Black | Canadian Human Rights Reporter

SEXUAL ORIENTATIONSEXUAL ORIENTATION http://www.cbc.ca/news/canada/nova-scotia/halifax-teacher-wins-human-righttp://www.cbc.ca/news/canada/nova-scotia/halifax-teacher-wins-human-rig

hts-fight-1.628655hts-fight-1.628655 How Gay Marriage Became Legal in Canada – YouTubeHow Gay Marriage Became Legal in Canada – YouTube

MENTAL ABILITYMENTAL ABILITY: PAGE 63-64 OF THIS… : PAGE 63-64 OF THIS… http://files.eric.ed.gov/fulltext/ED341224.pdfhttp://files.eric.ed.gov/fulltext/ED341224.pdf

Other Important RightsOther Important Rights Democratic RightsDemocratic Rights (voting, elections, etc) (voting, elections, etc) Mobility RightsMobility Rights (in and out of country, province. (in and out of country, province.

Etc)Etc) Language RightsLanguage Rights (French and English bilingual (French and English bilingual

equality began with the Officials Languages Act equality began with the Officials Languages Act from Trudeau in 1968 were included in the from Trudeau in 1968 were included in the Charter of Rights-schools, laws, government Charter of Rights-schools, laws, government services)services)

Michel and Lynda Michel and Lynda ThibodeauThibodeau awarded no money over lack of French on Air C awarded no money over lack of French on Air Canada flight - Business - CBC Newsanada flight - Business - CBC News

Privacy rightsPrivacy rights Section Eight of the Canadian Charter of Rights and FreSection Eight of the Canadian Charter of Rights and Fre

edoms - Wikipedia, the free edoms - Wikipedia, the free encyclopediaencyclopedia

Gangsters Out Blog: Bill C-13 violates the Canadian ChaGangsters Out Blog: Bill C-13 violates the Canadian Charter of Rightsrter of Rights

YOU PUT IT ON FACEBOOK OR TWITTER IT’S NO YOU PUT IT ON FACEBOOK OR TWITTER IT’S NO LONGER PRIVATE? WHAT ABOUT SNAPCHAT, LONGER PRIVATE? WHAT ABOUT SNAPCHAT, APPLE ICLOUD AND INSTAGRAM?APPLE ICLOUD AND INSTAGRAM?

WRITE SOMETHING ONLINE ADVOCATING TERROR WRITE SOMETHING ONLINE ADVOCATING TERROR AGAINST CANADA OR THE USA?AGAINST CANADA OR THE USA?

http://news.nationalpost.com/2014/10/28/rcmp-meeting-thttp://news.nationalpost.com/2014/10/28/rcmp-meeting-threats-counter-terrorism-officers-ask-watchlist-suspect-fhreats-counter-terrorism-officers-ask-watchlist-suspect-for-insight-into-deadly-ottawa-attack/or-insight-into-deadly-ottawa-attack/

Will the Ottawa terrorism attack Will the Ottawa terrorism attack lead to privacy changes in the lead to privacy changes in the

name of National Security?name of National Security? Since the day of the attack on October 22, 2014, the Conservative Since the day of the attack on October 22, 2014, the Conservative

government has characterized it as an government has characterized it as an act of terroract of terror. In the House of . In the House of Commons on Wednesday, Public Safety Minister Steven Blaney Commons on Wednesday, Public Safety Minister Steven Blaney described Zehaf Bibeau as one of two "radical Islamic terrorists" to described Zehaf Bibeau as one of two "radical Islamic terrorists" to target Canadian soldiers last week. The other was Martin Couture-target Canadian soldiers last week. The other was Martin Couture-Rouleau, who was behind the wheel of a car that mowed down two Rouleau, who was behind the wheel of a car that mowed down two Canadian soldiers last week in St-Jean-sur-Richelieu, Que., taking Canadian soldiers last week in St-Jean-sur-Richelieu, Que., taking the life of Warrant Officer Patrice Vincent. the life of Warrant Officer Patrice Vincent.

Zehaf Bibeau died in a hail of gunfire in the halls of Parliament Hill's Zehaf Bibeau died in a hail of gunfire in the halls of Parliament Hill's Centre Block after taking the life of Centre Block after taking the life of Cpl. Nathan CirilloCpl. Nathan Cirillo at the at the National War Memorial. Couture-Rouleau was shot and killed when National War Memorial. Couture-Rouleau was shot and killed when he emerged from his car, which flipped over and crashed in a ditch he emerged from his car, which flipped over and crashed in a ditch after a brief police chase. after a brief police chase.

Blaney introduced a long-awaited bill aimed at Blaney introduced a long-awaited bill aimed at strengthening the strengthening the powers of Canada's spy agency, the Canadian Security powers of Canada's spy agency, the Canadian Security Intelligence Service (CSIS) to track people overseas suspected Intelligence Service (CSIS) to track people overseas suspected of involvement in terrorism. of involvement in terrorism.

The NDP said it would study the bill carefully to see if it infringes on The NDP said it would study the bill carefully to see if it infringes on freedoms. More legislation is coming, the government says. freedoms. More legislation is coming, the government says.

During Monday's hearing, RCMP Chief Inspector Paulson said During Monday's hearing, RCMP Chief Inspector Paulson said investigators would welcome changes that would lower the threshold investigators would welcome changes that would lower the threshold for certain enforcement tools, such as for certain enforcement tools, such as peace bondspeace bonds, to better allow , to better allow police to take police to take preventative action. preventative action.

"In other areas, I think Canadians would expect that the "In other areas, I think Canadians would expect that the privacy rightsprivacy rights of an individual should be protected and we should be able to meet the of an individual should be protected and we should be able to meet the threshold test in order to threshold test in order to infringe on people's privacy to the varying infringe on people's privacy to the varying levels that we would, say, in search warrants or in wiretaps." levels that we would, say, in search warrants or in wiretaps."

Conservative Sen. Daniel Lang, the chairman of the Senate national Conservative Sen. Daniel Lang, the chairman of the Senate national security committee, said afterward that it would fall to Parliament to security committee, said afterward that it would fall to Parliament to debate the merits — and dangers — of such changes. debate the merits — and dangers — of such changes.

"He indicated to us he wanted to lower the threshold in a number of "He indicated to us he wanted to lower the threshold in a number of areas, so that he —areas, so that he —the RCMP — could conceivably detain, the RCMP — could conceivably detain, constrain or incarcerate some of those individuals who have been constrain or incarcerate some of those individuals who have been identified as high-risk,"identified as high-risk," Lang said. Lang said.

"I think most Canadians are asking that question: "I think most Canadians are asking that question: why would they be why would they be allowed to be out there doing what they are doing without at least allowed to be out there doing what they are doing without at least being detained for a period of timebeing detained for a period of time??? So that's going to be a ??? So that's going to be a question that Parliament is going to have to ask themselves.“question that Parliament is going to have to ask themselves.“

http://www.ctvnews.ca/politics/anti-terror-bill-extends-csis-source-protehttp://www.ctvnews.ca/politics/anti-terror-bill-extends-csis-source-protection-overseas-warrant-powers-1.2072967ction-overseas-warrant-powers-1.2072967

OCTOBER 1970: FLQ TERRORISM-TRUDEAU brings in the War Measures Act that SUSPENDS HABEAS CORPUS and many freedoms AND MANY WERE PEOPLE ARRESTED AND DETAINED IN MONTREAL. THE ARMY WAS EVERYWHERE.

Doesn’t sound like the same guy who brought in the Charter that protects right and freedoms…or does it?

Trudeau - just watch me - YouTube

Legal rightsLegal rights which include….. which include…..- life, liberty and life, liberty and security of the personsecurity of the person(charter challenges on criminal code regarding prostitution, abortion, (charter challenges on criminal code regarding prostitution, abortion,

http://www.mcgilldaily.com/2011/10/supreme-court-rules-in-favour-ofhttp://www.mcgilldaily.com/2011/10/supreme-court-rules-in-favour-of-supervised-injection-site/-supervised-injection-site/))

- Legal Arrest: Legal Arrest: http://www.theprovince.com/news/Judge+tosses+evidence+impairehttp://www.theprovince.com/news/Judge+tosses+evidence+impaired+driving+against+Mountie+says+Charter+rights+were+violated/10d+driving+against+Mountie+says+Charter+rights+were+violated/10311928/story.html311928/story.html

- Unreasonable search and seizureUnreasonable search and seizure- RCMP Breach The Canadian Charter of Rights and Freedoms - YouRCMP Breach The Canadian Charter of Rights and Freedoms - You

TubeTube- No Arbitrary detention or imprisonmentNo Arbitrary detention or imprisonment- Bill C-44: Will the “Protection of Canada from Terrorists Act” actuallyBill C-44: Will the “Protection of Canada from Terrorists Act” actually

protect Canada and # protect Canada and #HumanrightsHumanrights? #? #OttawaShootingOttawaShooting # #canpolicanpoli | Rights Blog | Rights Blog

- No Cruel and unusual punishment No Cruel and unusual punishment - Justin Bourque Faces Possibility Of Harshest Sentence Since DeathJustin Bourque Faces Possibility Of Harshest Sentence Since Death

Penalty Penalty

Trudeau’s compromise with Trudeau’s compromise with Quebec and other provinces to get Quebec and other provinces to get

it passed.it passed. The NThe Notwithstanding clauseotwithstanding clause, s.33 of the Charter, allows federal and provincial , s.33 of the Charter, allows federal and provincial

governments to pass legislation that is exempt from s.2 (the fundamental freedoms) governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights). When a government decides to and ss. 7 to 15 (the legal and equality rights). When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must identify the particular law and the sections of protected rights in the charter, it must identify the particular law and the sections of the charter that are being overridden. Quebec’s Bill 101 violated the Freedom of the charter that are being overridden. Quebec’s Bill 101 violated the Freedom of Expression so the Quebec Govt INVOKED THE NOTWITHSTANDING Expression so the Quebec Govt INVOKED THE NOTWITHSTANDING CLAUSE!CLAUSE!

Fundamental Freedoms- Segment Five- Equality Rights, Language Rights, and Bill 101 (Quebec Sign Law) – YouFundamental Freedoms- Segment Five- Equality Rights, Language Rights, and Bill 101 (Quebec Sign Law) – YouTubeTube

AngryphoneAngryphone documentary part1 (full) – YouTube documentary part1 (full) – YouTube 6:54-15 6:54-15 min pt1.wmv – YouTubemin pt1.wmv – YouTube ON USA TELEVISION ON USA TELEVISION min pt2.wmv - YouTubemin pt2.wmv - YouTube Quebec to Enforce French Language Law: Joshua Quebec to Enforce French Language Law: Joshua BlakeneyBlakeney on Press TV - YouTube on Press TV - YouTube WellarcWellarc and Bill 101 on CTV News – YouTube and Bill 101 on CTV News – YouTube

Alberta threatened to invoke it once…why? SAME SEX MARRIAGE!Alberta threatened to invoke it once…why? SAME SEX MARRIAGE! http://www.cbc.ca/news/canada/alberta-may-invoke-notwithstanding-clause-over-same-sex-marriage-1.528949http://www.cbc.ca/news/canada/alberta-may-invoke-notwithstanding-clause-over-same-sex-marriage-1.528949

SECURITY OF PERSONSECURITY OF PERSON PROSTITUTION LAWS STRUCK DOWN FROM PROSTITUTION LAWS STRUCK DOWN FROM

CRIMINAL CODE DUE TO RIGHT TO CRIMINAL CODE DUE TO RIGHT TO SECURITY OF SECURITY OF PERSONPERSON::

http://www.winnipegfreepress.com/breakingnews/supreme-court-rules-on-validity-of-canadas-http://www.winnipegfreepress.com/breakingnews/supreme-court-rules-on-validity-of-canadas-anti-prostitution-laws-today-236683401.htmlanti-prostitution-laws-today-236683401.html

http://www.tillsonburgnews.com/2013/12/20/scoc-strikes-down-prostitution-lawshttp://www.tillsonburgnews.com/2013/12/20/scoc-strikes-down-prostitution-laws Peter MacKay Expects Prostitution Bill Will Be Challenged At Top CourtPeter MacKay Expects Prostitution Bill Will Be Challenged At Top Court

ABORTION STRUCK DOWN FROM CRIMINAL CODE DUE TO STRUCK DOWN FROM CRIMINAL CODE DUE TO RIGHT TO RIGHT TO SECURITY OF PERSONSECURITY OF PERSON::

Henry Henry MorgentalerMorgentaler - Wikipedia, the free - Wikipedia, the free encyclopediaencyclopedia Democracy on Trial: The Democracy on Trial: The MorgentalerMorgentaler Affair by Paul Cowan – NFB Affair by Paul Cowan – NFB The end of a fight for The end of a fight for MorgentalerMorgentaler - Digital Archives - CBC Player - Digital Archives - CBC Player Henry Henry MorgentalerMorgentaler – YouTube – YouTube Henry Henry MorgentalerMorgentaler Dies – YouTube Dies – YouTube

Critics of the Charter feel…Critics of the Charter feel…

It has led to a narcissistic society with too much focus on It has led to a narcissistic society with too much focus on individualism and a weakening of society’s morals, individualism and a weakening of society’s morals, erosion of homogenous Canadian culture and erosion of homogenous Canadian culture and commitment to community values.commitment to community values.

It has made activist Supreme Court judges too powerful It has made activist Supreme Court judges too powerful when they can override elected representative’s role in when they can override elected representative’s role in voting on and creating legislated new statue laws.voting on and creating legislated new statue laws.

It has wasted tax dollars and caused backlogs in court It has wasted tax dollars and caused backlogs in court time with people seeking remedies to fairly innocent time with people seeking remedies to fairly innocent violations (AIR CANADA SPRITE VS 7UP LANGUAGE violations (AIR CANADA SPRITE VS 7UP LANGUAGE ISSUE).ISSUE).

Usually vote ConservativeUsually vote Conservative

ProponentsProponents of the Charter feel… of the Charter feel…

Society has become more inclusive, multicultural Society has become more inclusive, multicultural and in Trudeau’s words “A Just Society” for all and in Trudeau’s words “A Just Society” for all Canadians. Minorities in societies protected from Canadians. Minorities in societies protected from the “tyranny of the majority.”the “tyranny of the majority.”

Usually vote Liberal, NDP, Green or Bloq Usually vote Liberal, NDP, Green or Bloq QuebeboisQuebebois

Trudeau's vision of Canada as a 'Just Society' – Trudeau's vision of Canada as a 'Just Society' – YouTubeYouTube

Charter of Rights and Freedoms - A Just SocietyCharter of Rights and Freedoms - A Just Society - Trudeau's Legacy – YouTube - Trudeau's Legacy – YouTube

Remembering Pierre Trudeau of Canada - PBS Remembering Pierre Trudeau of Canada - PBS NewsHourNewsHour - 2000 - YouTube - 2000 - YouTube

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