2.2 The Charter and the Courts and 2.3 because my dumbass forgot to makea new deck Flashcards
10/23/2024
Evolution of Human Rights
Common Law > Canadian Bill of Rights > Charter Today
Bill of Rights (Who made it, Limitations)
-John Diefenbaker, leader of the Saskatchewan Conservative Party.
-It was seen as not above the Indian Act
-Cited 35 times in court cases and 30 rejected
A.G v Lavell
-Opposed Canadian Law as it related to indigenous women’s rights under section 12(1)(b) of the Indian Act
-in 1970, Jeannette Corbiere married a non indigenous man from Toronto
-Because of section 12(1)(b) she lost her Indian status, and in order to regain it she would have to divorce him and remarry to an indigenous man. The same statue did not apply to indigenous men marrying non indigenous women.
-She filed a federal lawsuit claiming the government was in violation of the Bill of Rights as she was discriminated against based on her sex.
-Case was first dismissed but then won in Federal Court of Appeals in 1971.
Section 1 of the Charter (section 1, covid’s impact on reasonable)
Our rights and freedoms are not absolute and unlimited
Section 1: “guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”
You have the right to be tried in a reasonable amount of time.
* COVID impacted this by delaying court cases and
allotting extra time to certain cases due to delays
related to the pandemic.
Types of categories of Charter:
-Fundamental Freedoms: religions, belief, opinion, expression
-Democratic Rights: to vote, run for election
-Mobility rights: to enter, remain in, and leave Canada.
-Legal rights: right to life, liberty, search & seizure, right against self incrimination (pleading the 5th), etc
-Equality rights: freedom from discrimination on basis of race, ethnic origin, religion, sex, mental or physical disability, or age.
-Official language rights: English and French two official languages for government services.
-Minority language rights: French and English education rights
R v Tessling
The case dealt with the use of a thermal device to take heat images of the respondent’s home without a warrant.
-violated reasonable expectation of privacy under section 8 of the charter of rights and freedoms.
R. v Oakes
David Oakes was charged with possessing narcotics for trafficking. it violated his rights because they used proof which had questionable validity. courts knew they were wrong, its not his job to prove his innocence.
R . V Keegstra
highschool teacher in Alberta saying Anti Semitic shit gets prosecuted lmfoaoaoa
R v. Sharpe
guy w 512 gb of child pornography claims it was okay because it was his freedom of expression LMAO
Discrimination
biased actions against a group of people
Stereotype
a widely held but fixed and oversimplified image or idea of a particular type of person or thing.
Prejudice
preconceived opinion that is not based on reason or actual experience. (before meeting someone)
bias/implicit bias
bias is to bein favor of or against one thing in a way considered to be unfair
implicit bias is subconscious bias based on prior influences and imprints throughout their lives.
Human rights
-Human rights are those rights that secure an individual’s inherent dignity and self-worth.
The Canadian Human Rights Act 1977
The act protects people who work for or receive services from the federal government. First Nations governments or private companies, like banks and broadcasters that must follow rules set by the federal government.
