Individual and Collective Rights; ch. 3, 4

Question 1

affirm

affirmer

Answer 1

to validate and express commitment to something

valider et exprimer son engagement envers une cause

Question 2

Anglophone

Anglophone (f, m)

Answer 2

a person whose first language is English

personne dont la langue maternelle est l’anglais

Question 3

annuity

rente (f)

Answer 3

an annual payment

somme verse annuellement

Question 4

assimilate / assimilation

aissimilation (f)

Answer 4

become part of a different cultural group / the process of becoming part of a different cultural group

processus par lequel une personne ou une minorité perd sa culture originale, quand elle est absorbée par une autre culture

Question 5

autonomy

autonomie (f)

Answer 5

authority to make decisions

pouvoir de prendre ses propres décisions

Question 6

collective identity

identité (f) collective

Answer 6

the shared identity of a group of people, especially because of a common language and culture

sentiment commun d’appartenance à un groupe d’individus, en particulier s’ils partagent une même langueet une même culture

Question 7

collective rights

droits (m) collectifs

Answer 7

rights guaranteed to specific groups in Canadian society for historical and constitutional reasons. These groups are: Aboriginal peoples, including First Nations, Métis and Inuit; and Francophones and Anglophones

droits garantis, pour des raisons historiques et constitutionnelles, à des groupes particuliers de la société canadienne tels que les peuples autochtones (Premières nations, Métis et Inuits), les Francophones et les Anglophones

Question 8

constitution

Constitution (f)

Answer 8

a special set of laws that establish a framework of governance

ensemble des lois qui donnent au gouvernement ses pouvoirs et lui imposent ses règles de conduite

Question 9

entrenching

enchâssement (m)

Answer 9

fixing firmly within

insertion dans un ensemble

Question 10

ethnocentrism

ethnocentrisme (m)

Answer 10

the belief that one’s culture is superior to all other cultures

tendance à considérer que la culture et les valeurs de sa propre société sont supérieures à celles des autres

Question 11

First Nations

Première nation (f)

Answer 11

The umbrella name for the diverse Aboriginal peoples who have collective rights that are recognized and protected in Canada’s constitution. The constitution refers to First Nations as “Indians”, in keeping with the name used at the time of negotiating Treaties

terme général qui désigne chacun des peuples autochtones dont les droits collectifs sont consacrés et protégés. Dans la Constitution canadienne, on les appelle “Indiens”, c’est-à-dire qu’ils portent le même nom qu’a l’époque de la négociation des traités.

Question 12

Francophone

Francophone (m,f)

Answer 12

a person whose first language is French

personne dont la langue maternelle est le français

Question 13

Indian

Indienne (f) / Indien (m)

Answer 13

Europeans used the word Indian to describe the First Nations of North America, although these peoples were diverse and had names for themselves. Many First Nations prefer not to use the word Indian to describe themselves.

terme employé par les Européens pour décrire les Premières nations d’Amérique du Nord, en dépit de leur diversité et du fait que chacune portait déjà un nom. Bon nombre de Premières nations préfèrent ne pas utiliser ce mot. Cette appellation est encore en usage à cause de sa signification légale et constitutionnelle

Question 14

Indian Act

Loi (f) sur les Indiens

Answer 14

federal legislation related to the rights and status of First Nations peoples (status Indians) first passed in 1876 and amended several times

loi qui définit les droits et le statut des Premières nations (les Indiens prescrits); elle fut adoptée en 1876 et amendée à plusieurs reprises

Question 15

inherent rights

droits (m) inhérents

Answer 15

rights with origins in fundamental justice

droits provenant d’une justice fondamentale

Question 16

labour union

syndicat (m) travailleurs

Answer 16

an organization of workers that acts to protect workers’ rights and interests

organisation de travailleurs qui oevre à la protection de leurs droits et leurs intérêts

Question 17

official language community

communauté (f) de langue officielle

Answer 17

one of the groups in Canadian society whose members speak an official language of Canada - French or English - as their first language

groupe de Canaidens qui ont une des langues officielles du Canada (le français ou l’anglais) pour langue maternelle

Question 18

official language minorities

minorité (f) de langue officielle

Answer 18

official language groups in society who do not form the majority of the population

groupe dont les membres parlent une des langues officielles (français ou anglais) et qui ne forme pas la majorité d’une province ou d’un territoire

Question 19

patriate

rapatriement (m)

Answer 19

to bring to a country something that belongs to the country

action de ramener dans un pays une chose qui lui appartient

Question 20

publicly funded

financé par les fonds publics

Answer 20

paid for by taxes and provided by government

payé par les taxes des citoyens et fourni par le gouvernement

Question 21

reserve

réserve

Answer 21

land for the exclusive use of First Nations

térritoire réservé à l’usage exclusif des Premières nations

Question 22

scrip

certificat (m) de concession de terre

Answer 22

in Métis history, a document that could be exchanged for land and that was offered the Métis at the time the Numbered Treaties were negotiated

document qui était destiné à être échangé contre des terres et qui a été offert aux Métis à l’époque de la signature des traités numérotés

Question 23

sovereignty

souveraineté (f)

Answer 23

independence as a people, with a right to self-government

pouvoir politique, économique, entier et exclusif qu’exerce un pays indépendant sur son territoire

Question 24

Fundamental Freedoms (Individual Right under the Charter)

Answer 24

• freedom to express your opinions
• freedom to choose your own religion
  -freedom to organize peaceful meetings and demonstrations
• freedom to associate with any person or group

Question 25

Democratic Rights (Individual Right under the Charter)

Answer 25

• the right to vote for members of the house of commons and of the provincial legislature
• the right to vote for a new government at least every five years

Question 26

Mobility Rights (Individual Right under the Charter)

Answer 26

• the right to move anywhere within Canada and to earn a living there
• the right to enter, stay in, or leave Canada

Question 27

Legal Rights (Individual Right under the Charter)

Answer 27

• 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

Question 28

Equality Rights (Individual Right under the Charter)

Answer 28

• the right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability

Question 29

Collective Rights for francophones

Answer 29

• protected under the Charter to meet their needs
• they are a minority in many settings, but the Charter is what you can use to make sure their language is protected
• give examples of their language being protected such as bilingual labels etc.

Question 30

Land for the exclusive use of First Nations is called a ____________

Answer 30

reserve

Question 31

________________ belong to groups of people and are entrenched in Canada’s constitution

Answer 31

collective rights

Question 32

The shared identity of a group of people. especially because of a common language and culture is called ______________________

Answer 32

collective identity

Question 33

Europeans used the word ___________ to describe the First Nations of North America, although these peoples were diverse and had various names for themselves.

Answer 33

Indian

Question 34

The purpose of collective rights is to ________________ the collective identity of groups in society and to create a society where people of diferent identities belong.

Answer 34

affirm

Question 35

First Peoples and Canada’s government continue today to negotiate modern treaties to clarify and establish rights related to the _______________ of First Peoples.

Answer 35

sovereignty (the quality or state of being sovereign, or have supreme power or authority)

In this case it means that they were here first and should have their voice heard. They at minimum need to be treated as equals, but they do deserve more than just making them equal to make up for the extra hardship they have experienced and that they continue to experience due to many things being ripped away from them (language, land, culture, their children etc.) as well as the maltreatment they experienced and continued trauma they currently experience.

Question 36

The Indian Act originally aimed to _____________ First Nations Peoples.

Answer 36

assimilate

Question 37

Under the Numbered Treaties _______________ are mostly symbolic today.

Answer 37

annuities

annuity = a specified income payable at a specific interval often for life, or the right to receive such an income

In this case it is symbolic because the payment is nowhere near enough to make up for the hardship experienced.

Question 38

It is thought that we can proclaim the dedication and commitment to the recognition of First People’s history by __________________ the treaty and Aboriginal rights within the constitution

Answer 38

entrenching

so to have it in the constitution, you can paste it in there so it never leaves, and make it the backbone of the constitution so that it is obvious that the First Peoples are important and fundamental to us having a constitution at all.

Question 39

To bring to a country something that belongs to the country.

Answer 39

patriate

Question 40

official language

Answer 40

a language that is used in government and public places etc.

Canada has two: English and French

Question 41

ethnocentrism

Answer 41

the belief that one’s culture is superior to all other cultures

Question 42

anglophone

Answer 42

a person whose first language is English

Question 43

francophone

Answer 43

a person whose first language is French

Question 44

official language minority

Answer 44

a group that speaks either French or English and that does not make up the majority population of a province or territory

Question 45

Indian Act

Answer 45

• federal legislation
• related to the rights and status of First Nations Peoples
• first passed in 1876
• amended several times

Question 46

scrip

Answer 46

• issued by Canada’s government to the Metis
• done as a way to not establish Metis land in Manitoba
• “right to purchase land” elsewhere

scrip = substitute for legal tender or currency, often a form of credit

Question 47

In 1984, new legislation was asked for in order to give the Metis more _______________.

Answer 47

autonomy

Question 48

inherent rights of the Metis (since they are part of First Peoples of Canada

Answer 48

• rights to land
• rights to use land in traditional ways

Question 49

Section 23 of the Charter

Answer 49

• French-speaking or English minority populations of sufficient size in any province have the right to official language schools that serve their language community

Question 50

funded

Answer 50

provide with money for a particular purpose

Question 51

Canadian Charter of Rights and Freedoms

Answer 51

Fundamental freedoms
Democratic rights
Mobility rights
Legal rights
Equality rights
Official Language rights
Minority language educational rights

Question 52

Métis

Answer 52

descendants of people born of relations between First Nations women and European men. The offspring of these unions were of mixed ancestry.

Question 53

numbered treaties

Answer 53

There are 11 numbered treaties across Canada, with Treaties 4, 6, 7, 8 and 10 residing in Alberta.

Treaties outline the rights, obligations and benefits of the signing parties to each other. The intention of the Crown was to gain title to the lands for their own claim. First Nations had other beliefs surrounding the negotiations of the treaty. To the First Nations these treaties are about sharing the land and resources and not extinguishment of title. The intent and provisions of the treaties do not end.

Question 54

supreme court

Question 55

democratic rights

Answer 55

Every Canadian citizen has the right to vote in elections and to run for public office themselves. There are certain exceptions. For example, people must be 18 years old or older in order to vote.

Our elected governments cannot hold power for an unlimited amount of time. The Charter requires governments to call an election at least once every five years. An election could be delayed, however, during a national emergency, like a war. In this case, two-thirds of the members of the House of Commons or, in the case of provinces or territories, the legislative assembly must agree to delay the election.

The Charter makes it clear that elected representatives of legislative assemblies must sit at least once a year. This holds Parliament and all other legislatures responsible for their actions.

Question 56

mobility rights

Answer 56

Canadian citizens have the right to enter, remain in, and leave Canada.

Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada. Governments in Canada can’t discriminate based on what province someone used to live or currently lives in.

However, laws can set certain rules for when people are able to get social, health and welfare benefits. For example, you may have to live in a particular province for a certain length of time before getting health benefits from that province. Also, provinces with an employment rate below the national average may create programs that are only available to its own socially and economically disadvantaged residents. These programs encourage the residents to stay in the province and contribute to the workforce.

Question 57

legal rights

Answer 57

Right to be secure against unreasonable search and seizure
The Charter protects everyone’s reasonable expectation to privacy. This means that no one can search you, take away your personal belongings or access your personal information without clear legal reasons.

Authorities acting on behalf of the government, such as the police, must carry out their duties in a fair and reasonable way. For example, they cannot enter private property or take things without good reason. Police are required to get a warrant from a judge before searching someone’s home.

Interactions with the justice system
The Charter sets out rights that deal with the interaction between the justice system and individuals. These rights ensure that individuals are treated fairly at every stage of the justice process. This is especially true if an individual is charged with a criminal offence.

Protection against unreasonable laws
The Charter protects everyone against unreasonable laws that could lead to imprisonment or harm their physical safety. The law may still comply with the Charter if it is consistent with a basic set of values. For example, there must be a rational link between the law’s purpose and its effect on people’s liberty. Also, laws should not have a severe impact on people’s rights to life, liberty or security of the person.

Protection against arrest without good reason
The Charter also says law enforcement agencies cannot take actions against individuals that are random or not backed by good reasons. A police officer, for example, must have reasonable grounds to believe you have committed a crime and must tell you why you are being arrested and detained. You also have the right to consult a lawyer without delay and to be informed of this right. Finally, you have the right to have a court decide whether this detention is lawful. If you believe your detention is not legal, the Charter protects your right to challenge it.

Rights after arrest
If you are charged with an offence under federal or provincial law you have the right to:

be told quickly of the offence you are charged with
be tried within a reasonable amount of time
choose not to testify at your own trial
be presumed innocent until proven guilty beyond a reasonable doubt in a fair and public hearing by an independent and unbiased tribunal
only be denied reasonable bail with cause
be tried by a jury for serious charges
be convicted only for an act or omission that was a crime at the time it was committed
only be tried or punished once for an offence
receive the lesser punishment if the punishment for the crime changes between the time it was committed and the time of sentencing
Protection against cruel and unusual punishment
In addition the Charter protects everyone from cruel and unusual punishment. This includes torture, excessive or abusive use of force by law enforcement officials. Also, sentences of imprisonment must match the seriousness of the crime committed. For example, an extremely long prison sentence is not appropriate for a very minor crime.

Rights in Court
The Charter offers certain protections if you are accused of a crime and must go to court. This includes your right to a quick and reasonably speedy trial. This trial must be fair and done by an unbiased court that assumes your innocence until you’re proven guilty. You are also entitled to an interpreter during court proceedings if you do not understand the language or if you are hearing impaired.

Anyone who is a witness in a trial has the right to not have incriminating evidence used against them in later proceedings. For example, if you admit to a crime while acting as a witness in court at someone else’s trial, the police cannot use it to prove your guilt in court later. Perjury, which is lying during legal proceedings, is the one exception to this rule.

The Youth Criminal Justice Act protects people under the age of 18. For more information on this act, check out this guide to the Youth Criminal Justice Act.

Question 58

equality rights

Answer 58

Equality rights are at the core of the Charter. They are intended to ensure that everyone is treated with the same respect, dignity and consideration (i.e. without discrimination), regardless of personal characteristics such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, sexual orientation, residency, marital status or citizenship.

As a result, everyone should be treated the same under the law. Everyone is also entitled to the same benefits provided by laws or government policies. However, the Charter does not require the government to always treat people in exactly the same way. Sometimes protecting equality means that we must adapt rules or standards to take account of people’s differences. An example of this would be allowing people to observe different religious holidays without losing their job.

Governments can also promote equality by passing laws or creating programs that aim to improve the conditions of people who have been disadvantaged because of the personal characteristics listed above. For example, governments can create affirmative action programs targeted at increasing employment for persons with disabilities.

Question 59

residential school

Answer 59

government-sponsored religious schools that were established to assimilate Indigenous children into Euro-Canadian culture. Although the first residential facilities were established in New France, the term usually refers to schools established after 1880. Residential schools were created by Christian churches and the Canadian government as an attempt to both educate and convert Indigenous youth and to assimilate them into Canadian society. However, the schools disrupted lives and communities, causing long-term problems among Indigenous peoples.

Question 60

suffrage

Answer 60

the right to vote in political elections

Question 61

fundamental freedoms

Answer 61

Everyone in Canada is free to practise any religion or no religion at all. We are also free to express religious beliefs through prayer or by wearing religious clothing for example. However, the Charter also ensures that others also have the right to express their religious beliefs in public.

We’re free to think our own thoughts, speak our minds, listen to views of others and express our opinions in creative ways. We’re also free to meet with anyone we wish and participate in peaceful demonstrations. This includes the right to protest against a government action or institution.

However, these freedoms are not unlimited. There may be limits on how you express your religious beliefs if your way of doing so would infringe on the rights of others or undermine complex public programs and policies. For example, you may have religious reasons to object having your photo taken for your driver’s license, but this requirement may be linked to a need to stop others from unlawfully using your identity. In addition, the Charter does not protect expression such as hate speech that involves threats of violence or that takes the form of violence.

The media also have certain fundamental freedoms, and are free to print and broadcast news and other information. The government can only limit what the media prints for justifiable reasons set out in law. For example, a magazine cannot print slander, which is an untrue statement about a person that may hurt his or her reputation.

Question 62

internment

Answer 62

the state of being confined as a prisoner, especially for political or military reasons

Question 63

Inuit

Answer 63

Inuit — Inuktitut for “the people” — are an Indigenous people, the majority of whom inhabit the northern regions of Canada. An Inuit person is known as an Inuk.

Question 64

amendment

Answer 64

a minor change or addition designed to improve a text, piece of legislation, etc.

Question 65

official language rights

Answer 65

The Charter establishes that English and French are the official languages of the country and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. It also establishes principle of advancement or progression of the equality of status and use of the official languages by Parliament or by the provincial legislatures. Parliament acted on this principle of advancement in 1988 by passing the Official Languages Act and by providing, in the Criminal Code, for the right to a trial in the official language of the accused. Many provincial and territorial governments have also passed language legislation.

The Charter establishes that everyone has the right to use English or French in any debates and other proceedings of Parliament. The statutes, records and journals of Parliament must be printed and published in both languages, and both language versions are equally authoritative.

Everyone has the right to use English or French in, or in any pleading in or process issuing from, any court established by Parliament.

Any member of the public also has the right to communicate with and receive services in English or French from any head office of an institution of Parliament or government of Canada. They have this same right from any office of an institution where there is a significant demand for communications with and services from that office in such language; or where due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

Similar rights apply in New Brunswick, the only officially bilingual province in Canada. In fact, members of the public in New Brunswick have the right to communicate and obtain services in either English or French from any office of an institution of the legislature or government of New Brunswick. The English and French linguistic communities in New Brunswick also have equality of status and equal rights and privileges. This includes the right to distinct educational institutions and cultural institutions that preserve and promote those communities.

Question 66

minority language educational rights

Answer 66

Every province and territory has official language minority communities (French-speaking communities outside Quebec and English-speaking minorities in Quebec). Section 23 of the Charter guarantees minority language educational rights to French-speaking communities outside Quebec, and to English-speaking minorities in Quebec. It applies to all provinces and territories.

Canadian citizens living outside of Quebec have the right to send their children to French schools if:

their mother tongue is French
they attended French primary and secondary schools in Canada
they have child who has attended or is attending French primary or secondary schools in Canada
Canadian citizens living in Quebec have the right to send their children to English schools if:

they themselves attended English primary and secondary schools in Canada
they have a child who has attended or is attending English primary or secondary schools in Canada
This right to minority-language instruction applies where there’s a large enough number of people to justify it.