Charter of Rights and Freedoms and Individual and Collective Rights Flashcards
Define Constitution
The legal documents that outline how a country is run.
Define Internment
Keeping a person in prison or jail
Define Labour Union
An organization that hundreds or thousands of workers are under. This protects the worker’s rights and freedoms.
Define Historical Context
Discussing an event based on events that have taken place historically.
Define Discontentment
Being unhappy or not satisfied with something.
Define amendment
To legally change or mend a legal document to make it better protect the right and freedoms of citizens.
What is the amending formula?
To make an change to the charter or any constitutions 7/10 provinces have to vote in favour including Ontario or Quebec. And at least 50% of the total population.
Define Patriation
The process of the British government amending Canada’s constitution to make Canada in charge of it, instead of Britain.
Define Federalism
A type of government that has two sections of the same power, one provincial or territorial and one federal.
What does the statement “bringing home” refer to?
When Canada obtained control over its constitution and gained the ability to make a charter of rights and freedoms
Define Sovereignty
The power of having control over yourself, or yourself and other countries
Referendum
A special vote given to people in a specific area to decide on a political or social matter
Canadian Charter of Rights and Freedoms
A legal document that states the rights and freedoms every Canadian has and if they feel their rights have been abused they can report them to court.
Define Infringe
To stop someone from doing something, or make it harder for them to complete something.
Define Right
Legal, social, or moral expectations that everyone is given from the government.
Define Freedom
The right to not be disrupted by the government unless you infringe on someone else’s rights and freedoms.
Why was the Charter of Rights and Freedoms created?
Because Canada was having political issues in 1960-70s, which included the discontentment over Quebec social policies and the language. Also because there was concern over the use of natural resources in the western provinces.
Who came up with the idea for the Charter of Rights and Freedoms?
Prime Minister Pierre Trudeau
What did Quebec want before the Charter of Rights and Freedoms was created?
-Quebec created a referendum that failed to become separate form Canada
Quebec wanted to be their own country and have power over themselves
What did the PM do to keep Quebec happy?
He promised Quebec that their rights would be protected under new constitution.
Why didn’t some provinces want new constitution to protect the rights and freedoms?
Because the provinces felt that the government was catering to Quebec.
When were the amendments on the BNA act signed off and by who?
April 1982 by Queen Elizabeth 2nd
What does the Charter of Rights and Freedoms promise?
That all citizens have the same rights and freedoms that are protected under the law.
What can you do if you feel that your rights have been violated?
You can challenge them in court
Is a criminal accused of a crime being given a lawyer, fair trial, and a trial in a reasonable amount of time a right or a freedom?
A right
Define Human Right
A right that every person has just because they are human and every human should be treated equally.
Define Civil Right
Rights that all people in a country have because they deserve the same rights, civil rights are often protected by laws.
Define a right and freedom responsibility
The tasks or choices a person in a society must make to protect that rights of other people.
Define Fundamental freedom
Freedoms that are guaranteed for all people.
Define Democratic right
Rights based on the government.
Define mobility right
Rights that allow to to move away from your country and come back easily.
Define legal rights
Rights that are based off of the Justice system.
Define Equality rights
Rights that are based on the characteristics of a person
Define official language rights
Rights based on the two official languages in Canada.
Define Minority Language Education Rights
Rights that have to do with education in both official language in Canada.
Define free election
An election that is unbiased, and the ballot has multiple options.
Define birthright
A right that a person inherits as soon as they are born in a country or when they obtain citizenship.
Define Arbitrability
To have reasoning or no questions
Define Indian act
An act made in 1876 which aimed to remove First Nations culture from them and assimilate First Nations people into the mainstream way of life.
Define assimilate
To remove or the culture of a group of people into another culture.
Define indian agent
A person elected to be in charge of a reserve of First Nations people.
Define reserve
An area of land that was separate from other land and had different resources than the “normal” land. These were used to separate Indigenous people from white people.
Define residential school
Schools made to remove the First Nation culture from children and convert them into the mainstream way of life. These made sure that the First Nation culture could not be passed down.
Define Ethnocentrism
Comparing another person’s culture to another culture to them (usually in a bad way).
In order to have meaningful rights what do you have to have?
An understanding of the principles of the rights.
What are civil rights usually protected by?
Laws and legal documents like the constitution
What are the types of responsibilities?
Political, legal, moral, and social
Examples of political responsibilities.
-voting
-staying informed on issues
-participating in political affairs
Examples of legal responsibilities.
-going to jury duty
-obeying the law
-knowing your rights
Examples of moral responsibilities.
-respect the rights of other people
-acting in an acceptable manner for society
Examples of social responsibilities.
-participating and supporting community events
-volunteering to help those less fortunate than you
What are the only 2 Canadian rights for only citizens?
-Voting
-And the right to mobility
Fundamental freedoms
-Freedom to express your opinion
-Freedom to choose your own religion
-Freedom to organize peaceful meetings and demonstrations
-Freedom to associate with any person or group
When can rights and freedoms be limited?
When using your rights are hurting the rights and freedoms of other people
Democratic Rights
-Every Canadian citizen of age has the right to vote
-Every Canadian citizen of age has the right to run for public office
-Elections, both federal and provincial, must be called every five years
-Parliament and legislatures must sit at least once every 12 months
What right in Canada is a birthright?
Voting
Mobility Rights
-Right to move anywhere within Canada and to earn a living there
-Right to enter, stay or leave Canada
Legal Rights
-Everyone has the right to be secure against unreasonable search and seizure.
-The police must have reasonable grounds for searching you or your home and any evidence that is unlawfully obtained may be excluded at trial.
-Everyone has the right not to be arbitrarily detained or imprisoned.
-Everyone has the right on arrest or detention to be informed promptly of the reasons and to consult counsel without delay and to be informed of that right.
-Everyone has the right to a fair trial within a reasonable time.
-Everyone is innocent until proven guilty beyond a reasonable doubt.
-Everyone has the right to be tried by a judge and jury where the punishment for the offence charged is over five years imprisonment.
-Everyone has the right not to be compelled as a witness and to remain silent when accused of a crime.
-Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Equality Rights
To not be discriminated based on
-Race
-Nationality or ethnic origin
-Color
-Religion
-Sex
-Age
-Mental or physical disability.
Official Language Rights
-Right to use French or English in courts set up by the federal government and in federal parliament.
-Federal laws and records parliament must be in French and English.
-Right to use either French or English with the federal governments’ offices and other places where there is a significant demand or where it is reasonable to expect services in both languages.
Minority Language Education Rights
-Preserve minority language education rights in Canada
-Ensures that the option to attend French first language classes exists in provinces where French is not the majority language (or in English where English is not the majority language)
Responsibilities for expressing your opinion
-be informed before sharing
-share opinions peacefully
-value other’s opinions
-respect other’s opinions
Responsibilities for freedom of religion
-make sure it doesn’t infringe on rights of other’s
-respect religions of other’s
-value other religions
Responsibilities for organizing meetings
-do not break the law
-be respectful +have a purpose for meeting
-not destruct property
-treat everyone equally
Responsibilities for associating with groups
-not break law
-respect people in the group
-not destruct property
-have reasoning for associating
-make good decisions on who you are hanging out with
Responsibilities for democratic rights
-express your opinion
-to to jury duty
-can work for government
-stay informed
Responsibilities for mobility rights
-move wherever you want in Canada
-to be welcomed into a new place
-welcome people into your province
-respect laws that are different to the ones where you live
Responsibilities for legal rights
-obey the law
-attend jury duty
-report crime
-be treated as innocent until proven guilty
Responsibilities to be free of discrimination
-don’t discriminate
-treat people equally
-not treating groups differently
-be open to other’s ideas
-be peaceful
Purpose of Indian Act
-generalize all First Nations into 1 group
-Assimilate First Nations into mainstream culture
-Make it illegal to practice First Nation culture
How did the Indian Act assimilate First Nations?
-Created band councils
-created reserves to
-separate First Nations from others
-created a status system to deem if you were “Indian” enough
-created residential schools for children
Define Suffrage
The right to vote
Define Misogyny
Unfair treatment towards women usually given by men.
Define the Temperance Movement
A movement to discourage large amounts of alcohol consumption because everyone was drunk all the time and people were not making good decisions.
Define Multiculturalism
A society that ensures that everyone can have their own beliefs and opinions regardless of their race, sex, and other circumstances.
Define Pluralism
The belief that diversity is a benefit and positive aspect of a society.
Define Melting Pot
Belief that you can practice your religion but you are a part of something bigger than your religion.
-Like Americans, above all they are American
Define Common Law
Using old case studies to determine the outcome of a recent case.
Define Notwithstanding clause
A law that allows provincial governments to override the Charter for a certain amount of time
Define the Lord’s Day Act
The act that prohibited workers from running their business on Sunday because they were only meant for worship and rest.
Define Labour Union
An organization of employees that work together to fight for rights, wages, and workplaces of employees.
Define Employment Equity Act
A law that states that employees have to give equal opportunity to women, foreign workers, aboriginal workers, minority workers, and people with disabilities.
Define outsourcing
When businesses give work to other parts of the world or hiring work out to other people.
Define Unionize
To become a part of a labour union.
Define Precedent
To complete something in order of importance
Define Bill of Rights
Federal laws that helped judged interpret the law and how to apply the law, was deemed ineffective.
Define enforcement
The part of the charter that shows the application of it
Define unwritten constitution
Assumptions of rights and freedoms that should be given to every Canadian citizen.
Define the anti-terrorism act
An act put into place that did not allow Canadians with their name on the no-fly list to enter planes.
Define no-fly list
A list of people accused of terrorism, in 2007 these people were unable to fly.
Define Labour Rights
Rights that are put in action to make sure that employees have a safe and respectful workplace.
Rights for foreign workers
-to be paid
-to have a safe place to work
-to keep their passports and work permits
Define industrial revolution
In 1750 when people were changing from working on farms to working in factories and cities.
What impact did the Indian Act have?
-still exists in Canada
-Generational trauma
-loss of culture
-loss of importance for culture
When did the women’s suffrage take place
1917-1918
What happened in 1867?
No Canadian women could vote
Why could women not vote?
-too emotional
-men were better
-women should stay home
-politics were for men
How did women gain the right to vote?
- Serbian Nationalist killed heir and started a war
- Canada joined Britain in the war
- Women are left in Canada and have to supply and work to provide for the country
- Women become very good at these jobs
- Proving that women can have responsibilities
Who created Manitoba’s Political Equality League?
Nellie McClung and Emily Howard
What did the women suffrage lead to?
-suffrage of Asian Canadians in BC
-suffrage of Indigenous
What the war measures act?
The act that allows governments to remove rights during wars, invasions, or anything against government.
What happened during the Ukrainian Internment?
-Ukrainians in Canada were considered enemies because Ukraine was against Canada
-Put these people in work camps and took away property
What happened during the Japanese Internment?
-Japan bombed Pearl Harbour so Canada called all Japanese people in Canada their enemies
-Detained these people and confiscated all belongings.
How were sentences decided before the charter?
Using common law
What was the bill of rights?
-Government documents that were ineffective because they were only at the federal level, they did not use the real laws, this is still effective
Does the Bill of Rights still exist?
Yes, but the charter addresses its flaws
What is the only official bilingual province?
New Brunswick