Individual and Collective Rights; ch. 3, 4 Flashcards
affirm
affirmer
to validate and express commitment to something
valider et exprimer son engagement envers une cause
Anglophone
Anglophone (f, m)
a person whose first language is English
personne dont la langue maternelle est l’anglais
annuity
rente (f)
an annual payment
somme verse annuellement
assimilate / assimilation
aissimilation (f)
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
autonomy
autonomie (f)
authority to make decisions
pouvoir de prendre ses propres décisions
collective identity
identité (f) collective
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
collective rights
droits (m) collectifs
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
constitution
Constitution (f)
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
entrenching
enchâssement (m)
fixing firmly within
insertion dans un ensemble
ethnocentrism
ethnocentrisme (m)
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
First Nations
Première nation (f)
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.
Francophone
Francophone (m,f)
a person whose first language is French
personne dont la langue maternelle est le français
Indian
Indienne (f) / Indien (m)
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
Indian Act
Loi (f) sur les Indiens
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
inherent rights
droits (m) inhérents
rights with origins in fundamental justice
droits provenant d’une justice fondamentale
labour union
syndicat (m) travailleurs
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
official language community
communauté (f) de langue officielle
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
official language minorities
minorité (f) de langue officielle
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
patriate
rapatriement (m)
to bring to a country something that belongs to the country
action de ramener dans un pays une chose qui lui appartient
publicly funded
financé par les fonds publics
paid for by taxes and provided by government
payé par les taxes des citoyens et fourni par le gouvernement
reserve
réserve
land for the exclusive use of First Nations
térritoire réservé à l’usage exclusif des Premières nations
scrip
certificat (m) de concession de terre
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
sovereignty
souveraineté (f)
independence as a people, with a right to self-government
pouvoir politique, économique, entier et exclusif qu’exerce un pays indépendant sur son territoire
Fundamental Freedoms (Individual Right under the Charter)
- 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
Democratic Rights (Individual Right under the Charter)
- 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
Mobility Rights (Individual Right under the Charter)
- the right to move anywhere within Canada and to earn a living there
- the right to enter, stay in, or leave Canada
Legal Rights (Individual Right under the Charter)
- 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
Equality Rights (Individual Right under the Charter)
- the right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability
Collective Rights for francophones
- 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.
Land for the exclusive use of First Nations is called a ____________
reserve
________________ belong to groups of people and are entrenched in Canada’s constitution
collective rights
The shared identity of a group of people. especially because of a common language and culture is called ______________________
collective identity
Europeans used the word ___________ to describe the First Nations of North America, although these peoples were diverse and had various names for themselves.
Indian
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.
affirm
First Peoples and Canada’s government continue today to negotiate modern treaties to clarify and establish rights related to the _______________ of First Peoples.
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.
The Indian Act originally aimed to _____________ First Nations Peoples.
assimilate
Under the Numbered Treaties _______________ are mostly symbolic today.
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.
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
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.
To bring to a country something that belongs to the country.
patriate
official language
a language that is used in government and public places etc.
Canada has two: English and French
ethnocentrism
the belief that one’s culture is superior to all other cultures
anglophone
a person whose first language is English
francophone
a person whose first language is French
official language minority
a group that speaks either French or English and that does not make up the majority population of a province or territory
Indian Act
- federal legislation
- related to the rights and status of First Nations Peoples
- first passed in 1876
- amended several times
scrip
- 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
In 1984, new legislation was asked for in order to give the Metis more _______________.
autonomy
inherent rights of the Metis (since they are part of First Peoples of Canada
- rights to land
- rights to use land in traditional ways
Section 23 of the Charter
- French-speaking or English minority populations of sufficient size in any province have the right to official language schools that serve their language community
funded
provide with money for a particular purpose
Canadian Charter of Rights and Freedoms
Fundamental freedoms
Democratic rights
Mobility rights
Legal rights
Equality rights
Official Language rights
Minority language educational rights
Métis
descendants of people born of relations between First Nations women and European men. The offspring of these unions were of mixed ancestry.
numbered treaties
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.
supreme court
democratic rights
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.
mobility rights
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.
legal rights
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.
equality rights
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.
residential school
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.
suffrage
the right to vote in political elections
fundamental freedoms
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.
internment
the state of being confined as a prisoner, especially for political or military reasons
Inuit
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.
amendment
a minor change or addition designed to improve a text, piece of legislation, etc.
official language rights
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.
minority language educational rights
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.
