Chapter 3 Flashcards
Charter of Right and Freedoms
ensures that our rights and freedoms are respected no matter what your gender, race, age, religion, etc.; it is a part of the constitution
Constitution
laws that guide governance
Labour
work
Labour Unions
a group that protects workers’ rights and interests
When people talk about rights, what are they actually talking about?
Governance: the rules that describe what government can do with its power.
Why can government only go so far?
because it limits the choices that you can make as an individual.
The constitution is the _________ law of the land.
Highest
Were there laws regarding human rights before the Charter? What governments had them?
Yes and Federal and Provincial
What can Canadians do if they feel that laws restrict their rights?
Challenge the laws in the courts
What is the reason that the government of Canada can restrict rights?
if the restrictions are needed to keep Canada as a free and democratic society.
What did former Prime Minister Jean Chretien state that citizens should know? Why?
Know exactly what their rights and freedoms are/where to turn to if those rights are infringed upon
Under what section of the Charter are your rights to express your opinion?
Fundamental Freedoms
Under what section of the Charter is your right to be free of search and seizure without reasons?
Legal Rights
Under what section of the Charter are you to be free of discrimination for gender?
Equality Rights
Under what section of the Charter is your right to vote?
Democratic Rights
Under what section of the Charter is your right to move within Canada?
Mobility Rights
What are the two exceptions to the rights and freedoms that everyone in Canada gets regardless of
whether they are a citizen or not?
Right to vote/right to leave Canada freely
The 1876 Indian Act affected which First Nations?
The ones who had concluded treaties with Canada’s government
- Only full-blooded First Nations had Indian Status
What were the 3 things that the Indian act did and the one thing that it did not do?
Was passed without consultation/
govt. permission to wear traditional clothing
/banned traditional ceremonies
/no FN political action
How many years had the Canada Elections Act bar women from voting?
50
What was so radical at his time that forced Emily Howard to use a ‘cover’ name?
A woman’s right to vote
What is the historical context?
Events and generally accepted values and attitudes, that shaped the actions of people in the past.
What is not the point of comparing the present with the past? What is the point?
Not to judge the past/to better understand the present
The past ________ to the present and historical context is part of ____________ how.’
Connects/understanding
Which group of Canadians were forced into internment in WWI (1914)? Why?
Ukrainian and German descent/Canada was at war with Germany and Austria-Hungary and the part of the
Ukraine fell within enemy territory
What were the two groups of people who were interned in WWII? Why?
Italian/Japanese/war with these two countries
The courts ruled in favor of a deaf person. Why?
By not providing interpreters, the province of B.C. violated their equality rights under the Charter
What did Big M Drug Mart do to challenge the Lord’s Day Act?
Deliberately broke the law to make a point
What happened as a result? Big m drug mart went to court
The Supreme Court overturned the law, stating that the Act violates the fundamental right of freedom of
conscience and religion
Look at the cartoon on page 108. Name 2 cartoon devices used in this cartoon.
Words/size as an object/symbolism
What does the term ‘pay equity’ mean?
Equal pay
A labor union represents who?
Workers
Is it illegal in Alberta to force employees to retire at or before the age of 65?
Yes
Where are the rights and freedoms of individuals are stated?
The Charter of Rights and Freedoms
What year was the Charter made?
1982
Constitution
a special set of laws that establish a framework of governance
The Charter of Rights and Freedoms is a part of……
The Constitution
The judicial branch makes decisions about
these court challenges by…….
- interpreting how to apply the Charter.
- It strikes down laws that restrict rights in an unjustified way.
The Charter says that Canada’s government is justified in restricting rights, if……..
if the restrictions are necessary to maintain
Canada as a free and democratic society.
Our individual rights and Charter of Rights and Freedoms do what?
-sets out rights and freedoms that Canadians believe are necessary in a free and democratic society.
-These rights and freedoms
limit what government can do. For example, because of Canadians’ democratic rights, the government cannot ban elections and become a dictatorship.
List the Individual rights and freedoms:
- Fundamental Freedoms
- Democratic Rights
- Mobility Rights
- Legal Rights
- Equality Rights
- Official Language Rights-
- Minority Language Education RIghts-
- Aboriginal RIghts-
- Multicultural Rights-
What do Fundamental Freedoms do? (4)
- The freedom to express your opinions, thoughts, beliefs and media press.
- The freedom of conscience and religion.
- The freedom to organize peaceful meetings and demonstrations.
- The freedom to associate with any person or group.
What do Democratic Rights do? (2)
-The right to vote for members of the House of Commons and of provincial legislatures.
-The right to vote for a new government
at least every five years.
What do Mobility Rights do? (2)
- The right to move anywhere within Canada and to earn a living there.
- The right to enter, stay in, or leave Canada.
What do Legal Rights do? (2)
- The right to be free of imprisonment, search, and seizure without reasons backed by law and evidence.
- The right to a fair and quick public trial by an impartial court. (that assumes you are innocent until proven guilty)
What do Equality Rights do? (1)
The right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.
What does Emily, the Grade 9 students say?
- Respect is what builds everything in our world.
- don’t have respect, then you don’t have cooperation.
- Without respect, you have no friends, no happiness.
When was the Indian Act past?
In 1876, parliament passed the Indian Act. When John A Macdonald was Prime Minister.
What was wrong about the Indian Act?
It was passed without consulting First Nations, at a time when people of European descent generally viewed European ways as superior.
What were the three main policies of the Indian Act?
- Required First Nations people to obtain government permission to wear traditional clothing.
- Banned traditional ceremonies, such as the Sundance of the Siksika.
- Prevented First Nations from taking political action.
What year did the Canada Elections Act allow women to vote and run for candidates?
1918
When did women begin to campaign for the right to vote?
1876
How many years was it until they finally
received the right to vote?
42 years
Who founded a club to promote women’s suffrage — women’s right to vote?
Emily Howard Stowe, Canada’s first female doctor.
What was the cover name for the club that promoted women’s suffrage?
the Toronto Women’s Literary Club.
Some ended up in prison for protesting
Why did the women’s suffrage club need a cover name?
Because the idea of promoting women’s right to vote was radical at the time.
What is the point of comparing the past to the present?
The point of comparing the past and the present is
not to judge the past, but to better understand the present.
-The past connects to the present.
About the Ukrainian and German arrest in 1914 during World War 1
(6)
- Canada and its allies were at war with Germany and Austria-Hungary and part of Ukraine fell within enemy territory.
- Canada’s government made the arrests under the War Measures Act, which it passed in 1914 at the outbreak of the war.
- The people interned had to work as labourers. and did not receive wages.
- After the war ended and the War Measures Act was no longer in force, the government required many people to remain in the camps and continue to work as labourers without pay.
-In 2005, Canada’s parliament passed the Internment of Persons of Ukrainian Origin Recognition Act, which
acknowledges this event in Canadian history.
-It calls for “a better public understanding of…
Explain what happened Italian people during World War 2?
4
-Canada used the War Measures Act to arrest people of Italian descent and send them to camps.
-The government seized the property of some of
those arrested. The arrests affected about 700 people.
-In 1990, Prime Minister Brian Mulroney apologized to
Canada’s Italian community for the internment. Some
members of the community have sought compensation
from the government.
-This was still under negotiation in 2007.
Explain what happened to the Japanese during World War 2?
- On December 7, 1941, during World War II, Japan attacked Pearl Harbor.
-Canadians with Japanese ancestry suddenly found
themselves treated with suspicion or even hatred,
- Under the War Measures Act, more than 20 000 men, women and children were forced to leave their communities,
- They were not permitted to leave the camps without permission from the RCMP.
- The government promised to safeguard the property of Japanese Canadians, but in 1943 it sold off their homes, businesses and possessions.
-In 1988, Canada’s government formally apologized to
Japanese Canadians.
How were John and Linda Warren and Robin Eldridge’s rights being violeted and which one of them was being violated.
By failing to provide interpreters for deaf people with health workers the B.C. government was violating their -equality rights- under the Charter.
They fought this case to the Supreme Court and won.
What was the Lords Day Act?
-the Lord’s Day Act made it illegal for most Canadian
businesses to open on Sunday.
-The law upheld the Christian Sabbath,
or day of rest.
How did the Big M Drug Mart deal with the Lords’ Day Act?
In May 1982, three months after the Charter of Rights and Freedoms became part of Canada’s constitution, Calgary’s Big M Drug Mart deliberately opened for business on a Sunday to challenge the Lord’s Day Act. It deliberately broke the law to make a point.
the Supreme Court overturned the law.
Which right did the Lords Day Act violet?
the Lord’s Day Act violated Canadians’ fundamental right to freedom of conscience and religion.
How did the no-fly list violate peoples’ rights?
Stoddart says the no-fly list makes secretive use of
personal information, and “profoundly impacts” the
rights of Canadians, including freedom of association and mobility rights.
and violets the “ innocent until proven guilty”
True or False
Sometimes government makes decisions for the
common good of everyone.
True
In 2001, who launched a Charter challenge, arguing that the province was discriminating against them based on gender?
And why?
4 Ontario women and 5 labour Unions
The four women said the province hadn’t followed through on this promise of “pay equity,” and that
they and their female co-workers were owed millions of dollars in lost wages. They weren’t being payed the same as males their level of experience and training.
In 2003, before the courts began a hearing on the case, the Ontario government agreed to pay female workers a total of $414 million in pay adjustments.
What do Language Rights do?
- Free to speak your own language.
What do Minority Language Education Rights do?
to have education provided in French and English (official languages of Canada)
-or other languages if some ppl cannot understand either.
Human rights are essential for a democracy.
__
Our Charter gives equality without discrimination of:
- Race
- Gender
- Ethnicity
- Race
- Religion
- Physical and Mental disability
The Charter also protects your right to:
- run or vote for an election
- Have a fair trial, innocent until proven guilty
- Have life, liberty, and security of your person
- Communicate with the federal government in either of the main languages.
True or false:
The Charter can be changed or improved during changing times
True
What are the two ways to add new rules in the Charter?
- The Supreme Court can add new rules to the Charter.
- The Amending Formula: support of the Parliament, at least 7 provincial governments is required.(one of them should be Ontario or Quebec)
The earlier purpose of the Indian Act was to protect the land First Nations had to themselves. However, they were not allowed to vote, drink alcohol and those who lived in reserves automatically had to give their land to the Crown. They had to have an identity card.
those who didn’t live in the reserves were not affected.
Overtime changes were made to the Indian Act.
Indian Act gave the government control over fn land, education, and property.
__
In 1758 only men over the age of 21 had the right to vote
BLuebirds nurses were the first women to vote
Which of the following is a set of laws that establishes a framework of governance.
a) ban
b) constitution
c) contribution
d) charter
b) constitution
Under the Charter of Rights:
a) the government can never restrict the rights of citizens
b) Canadians cannot challenge laws that restrict their rights
c) the government is justified in restricting rights when necessary
d) all people, whether they are Canadian citizens or not, have the same rights.
c)the government is justified in restricting rights when necessary
In the court failing to provide interpreters for people who rely on sign language for communication is a violation of their
fundamental freedoms
Democratic rights
Mobility rights
equality rights
equality rights
one example of how the Canadian Charter of Rights and Freedoms protects francophones when they are the minority in an area is by ensuring the right to
Receive public funds for private French education
receive public funds for French education where there are enough students
receive public funds for cultural events that promote the francophone culture
be hired for a job in an anglophone setting even if the person applying for a job cannot speak English
receive public funds for French education where there are enough students
which of the following statements regarding immigrant rights in Canada and the Canadian Charter of Rights and Freedoms as true?
a) only immigrants seeking Refugee status are protected by the charter
b) there is a separate section of the charter related to the rights of immigrants in Canada
c) the rights listed in the charter apply to immigrants as soon as they are on Canadian soil
d) immigrants to Canada are protected by the charter only after they have become citizens
the rights listed in the charter apply to immigrants as soon as they are on Canadian soil
Which of the following words is correctly paired with its corresponding section of Canada’s Charter of Rights and Freedoms?
right to a fair trial- legal rights
right to vote in elections- equality rights
the right to gather together peacefully- Mobility rights
right to leave Canada- Democratic rights
right to a fair trial- legal rights
what can Canadians do if they feel the laws restrict their rights?
go to the government
take it to the Supreme Court
there is nothing that they can do
challenge the laws in the courts
challenge the laws in the courts
a labour union represents:
Employees
Employers
Children
Immigrants
Employees
according to the textbook, what is the reason that the government might restrict rights?
because they are violating others rights
the rights are already covered in another document
to maintain a free and Democratic Society
the government cannot restrict people’s rights
to maintain a free and Democratic Society
Frederick and Heidi are Canadian landed immigrants. they have been away from the country for 7 months. the Border official refuse their entry back into Canada. what section of the charter support this action?
equality rights
Democratic rights
fundamental rights
Mobility rights
Mobility rights
the 1876 Indian Act affected First Nations
all FNs
the ones living in on reserves only
the ones with concluded treaties
FN without treaties
the ones with concluded treaties
historical context is
generally accepted values that shape the action of people in the past
When we learn from our past mistakes
what happens in the past to not be repeated
accepted values for the future
generally accepted values that shape the action of people in the past
John Smith has prevented from working in different parts of the country. Which section of the charter are his rights being violated?
equality rights
legal rights
Mobility rights
Democratic rights
Mobility rights
according to your notes and the textbook what is a meaningful definition for the word constitution?
assembled laws for the country
Charter of Rights and Freedoms
laws that guide governance
laws of our country lives by
laws that guide governance
Canada arrested and sent some of its citizens to internment camps because of
World War 1
the war’s measure Act
World War II
Pearl Harbor
the war’s measure Act
which of the following sets out the framework for how Canada is to be governed?
judicial branch
Constitution
Charter
Governor-General
Constitution
the Indian Act
allowed Parliament to consult the First Nations on government issues
allowed the First Nation to have traditional ceremonies
prevented First Nations from taking political actions
gave First Nation the right to vote
prevented First Nations from taking political actions
English and French have equal status in Canada. what section of the charter demonstrates this
minority language education rights
Canada’s languages
language status
official languages of Canada
official languages of Canada
if Marshall and his parents who are from Quebec City move to Calgary he can learn in
English
French
English or French
he has no choice
English or French
the rule of law is
everyone is above the law
no individual is above the law
everyone must obey the laws
all of above
no individual is above the law
which statement did prime minister Jean Chretien say that citizens should know?
the government sometimes limits the choices that an individual can make
know exactly what their rights and freedoms are
there are generally accepted values and attitudes in society
it is okay to break the law to make a point
know exactly what their rights and freedoms are
what is the best treatment for- Parliament must meet
exactly every 5 years
not necessarily during the time of War
every four years
only when the Prime Minister called it into session
not necessarily during the time of War
freedom of association means:
freedom to meet together with anyone for peaceful purposes
freedom to associate with anyone for any reason
Freedom to gather subject to government approval
Freedom to get together as long as it is in public
freedom to meet together with anyone for peaceful purposes
what was the greatest obstacle to changing our constitution for 1982?
British Parliament refused to transfer the Constitution to Canada
because it was formerly called the BNA act it was to remain in Britain.
the queen was unavailable to sign the document
the Constitution recited in Great Britain
..
which of the following is the best reason for being able to amend the Constitution?
fundamental Freedom requires our ability to amend our laws
societies change and we should have a way of changing our laws to reflect Changing Times
legal rights require our ability to change over laws
amending the Constitution might be the difference between life or death
societies change and we should have a way of changing our laws to reflect Changing Times