Various International Branches

Human Rights

Canadian Charter of Rights and Freedoms

Rights

Freedoms

Public Law(Criminal Code)

United Nations

Important Human Rights Documents

• Created and adopted by the United Nations as an attempt to guarantee all people certain rights and freedoms.

• Signed by many nations, in theory includes everyone on earth.

• A vision of what we could be and a standard of what countries should follow.

Universal Declaration of Human Rights (1948)

Important Human Rights Documents

• Created after WWII since people believed legal rights needed to be written down.

• Rights were made into laws/federal legislation.

• Legislation set out the rights and freedoms that were already provided by common law.

Canadian Bill of Rights (1960)

Important Human Rights Documents

• A part of the Constitution Act of 1982• Lists the civil rights and freedoms of all

Canadians and guarantees them at all levels of gov’t (Fed., Prov., Mun.)

• Considered to be constitutional law, which requires 2/3 of provinces (with 50%+ of pop.) in order to make amendments/changes.

• If rights are violated people can make a court appeal.

Canadian Charter of Rights and Freedoms (1982)

What does this mean?• Section 1 of the Charter says that Charter rights

can be limited by other laws so long as those limits can be shown to be reasonable in a free and democratic society.

The Supreme Court of Canada has stated that a limit on Charter rights is acceptable if:• the limit deals with a pressing and substantial

social problem, and the government's response to the problem is reasonable and demonstrably justified

SECTION 2: FUNDAMENTAL FREEDOMS

• Freedom of conscience and religion

• Freedom of thought, belief, opinion and expression

• Freedom of peaceful assembly

• Freedom of association

Four categories of “Fundamental Rights”:

SECTION 2: FUNDAMENTAL FREEDOMS

- Means that people are free to practice or not practice religion in Canada, without fear of reprisal or attack.

Freedom of conscience and religion:

Limitations or exceptions?

SECTION 2: FUNDAMENTAL FREEDOMS

- Includes all forms of communication and expression including mass media.

- There are limits: The Criminal Code outlaws certain acts of “expression”

Freedom of thought, belief, opinion and expression:

Limitations or exceptions?

SECTION 2: FUNDAMENTAL FREEDOMS

- Often associated with the right to hold or attend a public demonstration.

- It also includes the right of striking workers to picket outside of their place of work.

Freedom of peaceful assembly and association:

Limitations or exceptions?

SECTION 2: FUNDAMENTAL FREEDOMS

- Use Pgs. 50-52 and Appendix A on Pg. 600 in All About Law to complete the following:

1. Explain the “limits” (as you understand them) for each fundamental right and provide an example of how the right is controversial.

2. Complete Aubry v Editions Vice-Versa Inc. Q. 1-4 on Pg. 51

3. Complete R v Keegstra Q. 1-5 on Pg. 52

For each Fundamental Freedom: