Law Unit 2 Test Flashcards

1
Q

Explain how constitutional law developed in Canada.

A

British North America Act, 1867
Made Canada a nation, independent of Britain
Passed in Britain; B. kept power to pass laws

Statute of Westminster, 1931
Allowed Canada to pass own laws, conduct foreign affairs
Still could not amend BNA Act

Constitution Act, 1982
BNA Act transferred to Canada, renamed
Added Charter of Rights and Freedoms
Amending formula: could change with agreement of 7 provinces equally at least 50% of population

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2
Q

What is the BNA Act?

A

British North America Act, 1867
Made Canada a nation, independent of Britain
Passed in Britain; B. kept power to pass laws
Explained how Canada’s government was going to be set up

Different from the British - A really strong Federal government and very strong provincial governments
There had to be jurisdictions set up - the feds couldn’t do everything
Creation sections 91 and 92 - gave the provinces and the federal government jurisdiction over certain things

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3
Q

Give some examples (3 for each) of the division of power between the Federal and Provincial Governments.

A

Federal -
RCMP
Canada Post
Banking
Indigenous Affairs
Criminal Law
Marriage and Divorce
Military

Provincies-
Civil Law
Education
Health Care
Roads
Hospitals
Money from the feds but under the provincial government

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4
Q

What level of government passes bylaws?

A

Municipal government
Parking, parking at certain times
Dog licenses

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5
Q

What is the highest court in Canada?

A

The Supreme Court of Canada
Only hears appeals - can’t start a case here

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6
Q

Why was the Statute of Westminster important?

A

Allowed Canada to pass their own laws and conduct foreign affairs
In 1931 it got put through, allowing us to actually create our own laws and deal with our own international affairs
We became much more independent

We still can’t amend our own constitution under this statute at this point

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7
Q

What Prime Minister brought in the “The Charter of Rights and Freedoms”?

A

Pierre Elliot Trudeau

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8
Q

Give 2 limitations of the Bill of Rights.

A

This only applies to federal laws - not provincial ones
You could change it - any legislator sitting could change it any time, not very strong

But was the precursor to our charter

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9
Q

What does Section 2 of the Charter of Rights and Freedoms give us?

A

These are called our “Fundamental Freedoms”

Freedom of Religion (2a)
Freedom of Thought and Expression (2b)
Freedom of Peaceful Assembly (2c)
Freedom of Association (2d)

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10
Q

Why is section 15 of the CRF so important?

A

Equality Rights - allow us to not be discriminated against for many things
Ie. Age, gender, religion, sex, sexual orientation, etc

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11
Q

Why was section 33 the “Notwithstanding Clause” put into the Charter?

A

Overrides Section 2, 7-15, of the charter
Was put in so that the provinces would agree to sign off on the charter despite the power it would give to the Supreme Courts
Quebec uses it the most (Bill 21)

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12
Q

What year was the Charter put into the Constitution?

A

1982

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13
Q

How has the Supreme Court expanded its power since 1982?

A

It’s now given rights over parliament when it comes to changing laws
Problem: there is less power to the people, decisions made by the government
- Judicial Biases

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14
Q

Why is discrimination different from stereotyping?

A

Discrimination is the action involved
Stereotyping is a thought
Ig. A pizza place doesn’t hire men as servers - discrimination based on gender
- They can think guys are stupid but cannot put it into action

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15
Q

What are mobility rights?

A

Section 6
Ability to move around and leave the country being that the other country wants you there
If you have a criminal record you may not be able to move around

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16
Q

What has the international community done about the Human Rights abuses faced by the Rohingya and the Uyghurs?

A

Uyghurs -
United Nations member countries have called on Beijing to end its systematic human rights abuses towards the Uyghurs
In a landmark ruling in 2022, the UN’s committee on racial discrimination strongly condemned China’s persecution of Uyghurs and referred the case to the UN Secretary-General’s Special Adviser on the Responsibility to Protect.

Rohingya -
Canada officially recognized the treatment of the Rohingya people as a genocide
Canada pledged 1 million dollars for relief support
Other countries such as the USA and parts of Europe have also acknowledged it as genocide
Many countries including Australia, Austria, Afghanistan, Belgium etc, expressed support for the Rohingya people and offered humanitarian aid
China, however, expressed support for Myanmar instead

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17
Q

What was the Indian Act?

A

The first act that was created by the federal government regarding how to control or oversee the Indigenous people of Canada

Includes the residential school system, management of Indigenous lands, and reservations, put them under federal jurisdiction - Indian Agents overseeing what going on, etc

Control on every facet of their life

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18
Q

Why did First Nations leaders oppose the “White Papers?

A

Pierre Elliot Trudeau tried to change the Indian Act because of how detrimental it was to Indigenous people

In doing so, they removed Indian status and took away the little protection Indigenous people were given in the Indian Act

This is why the White Papers never went through but demonstrates that progress was tried to be made, just poorly done

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19
Q

Under which level of government will you find First Nations issues being dealt with?

A

The Federal government

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20
Q

What is judicial activism and why is it a controversial issue in Canada?

A

Judicial Activism - the idea that judges have their own biases and can bring them into court
This is a problem because the judges have so much power in Canada due to The Charter of Rights and Freedoms gave them this power

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21
Q

Give an example of human rights theories from the Theorists we studied in class.

A

John Locke: Life, Liberty & Private Property

JJ Reassou: Social Contract (between the people and their government )

Kant: Moral Law

Harriet Taylor Mill: Equality in all rights

Karl Marx: Marxism

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22
Q

Land Claims:

A

Formal demands made by Aboriginal peoples for ownership and control of lands on which they live or have traditionally lived

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23
Q

Entrenchment:

A

To protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution.

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24
Q

Cultural Genocide (Indigenous groups):

A

Genocide is killing people, in cultural genocide you are going after the culture specifically (ie. Indian Act).

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25
Q

Strike Down:

A

If the Court feels that a law violates the Charter it has two options: Strike Down – the law is no longer valid or Read Down – the law may generally be acceptable but not in this case it must be changed to comply with the Charter. Allows the government to strike down a law that is no longer valid.

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26
Q

Collective Rights:

A

rights acquired as a result of membership in a group; all members of the group share the same rights.

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27
Q

TRC:

A

The TRC was created due to the Indian Residential Schools Settlement Agreement, which was one of the largest settlement packages for survivors of residential schools.

TRC lets Residential School survivors share their personal experiences.

The government of Canada provided $72 million to support TRC and 6 years of travelling to all parts of Canada, hearing from over 6,500 witnesses.

Created a historical record of the residential school system. Its mandate was to inform Canadians about what happened in residential schools.

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28
Q

Social Contract:

A

The Social Contract is that the government attains its right to exist and to govern by “the consent of the governed.

Rousseau’s social contract theory says people give up some freedom to a group in return for the safety and protection of their basic rights.

In human rights law, it means governments must respect people’s rights and freedoms, with the people’s agreement.

It stresses equality, freedom, and the people’s common wishes as key to a fair society under this agreement.

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29
Q

Discrimination:

A

The actual action of making a distinction between people and treating them differently on a basis other than individual merit.

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30
Q

Freedom:

A

The right to conduct one’s affairs without governmental interference.

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31
Q

Right:

A

A legal, moral, or social entitlement that citizens can expect, mainly from the government.

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32
Q

Moral Law:

A

Kant maintained that each of us has a worth or a dignity that must be respected.

This dignity makes it wrong for others to abuse us or to use us against our will.

Kant expressed this idea in a moral principle: “Humanity must always be treated as an end, not merely as a means.”

Thus, people’s human rights should be upheld not because of what they can offer society, but simply because it is moral to do so.

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33
Q

Prejudice:

A

A preconceived opinion based on a stereotype or inadequate information.

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34
Q

Stereotype:

A

An oversimplified, standardized, or fixed judgment of a group of people.

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35
Q

Marxism:

A

Human rights promote the interests of the ruling, high classes in society (the property-owning individuals in the capitalist system).

Our rights such as freedom of speech and property rights are created to maintain our existing unjust social order.

The nature of the rights is selfish and gives certain individuals authority to ensure that the actions of others do not conflict with their own interests.

Karl Marx believed that human rights were not solutions to achieving equality and justice. Marx’s solution to equality was abolishing the class system.

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36
Q

Notwithstanding Clause:

A

s. 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter.

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37
Q

The White Papers.

A

Pierre Elliot Trudeau and his Indian Affairs Minister tried to fix the Indian Act with this

Take away the Indian Law and create a new law. This law was created in order to achieve equality (NOT equity - which was bad) for all Canadians by eliminating “Indian” as a legal status.

Strived to make everyone to same - Indigenous lose their Indian status and become one with society.

This was bad because when Indigenous peoples go out into society without their Indian Status, they would lose the controls and resources (social safety) from the Indian Act →they would be left with poverty and poor education with their lack of education from before.

Created for equality among all Canadian First Nations by giving them their rights back that the Indian Act took away, but was eventually rejected.

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38
Q

Reasonable Limits:

A

The idea that all rights and freedoms are not absolute and have limitations in a free and democratic society. For example, although you have the Right to Free Speech, you cannot spew hate speech.

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39
Q

Indian Act:

A

a number of colonial laws whose purpose was to terminate First Nation culture and further push euro-Canadian society.

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40
Q

Amending Formula:

A

a method for making changes to a constitution in Canada’s case, a method that would no longer involve the British parliament

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41
Q

Federalism:

A

Canada’s form of political organization in which the federal government governs the country as a whole, while the provinces and territories have specific, limited powers.

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42
Q

Secondary Sources of Law:

A

Constitutional Law
- Statute Law
– Common Law

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43
Q

Constitutional Law
is a branch of…

what does it do?

A

A branch of “Public Law” (see diagram, p43

Sets out the structure of government

Establishes basic laws and principles that all other laws must follow

Makes sure the judicial branch does not conflict

Laws that are found to be “unconstitutional” can be struck down by judicial branch (courts)

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44
Q

What is a constitution?

A
  • supreme law of land
  • usually a written document or a collection of practices
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45
Q

What is the name of Canada’s Constitution?

A

The Constitution Act

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46
Q

When did Canada get its own (constitution)?

A

1982

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47
Q

Why should a country have a constitution?

A
  • Legal stability
  • Support from both citizens and government rests in it
  • Reflect “Rule of law”
  • Allow courts to protect people from temporary tyranny in government
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48
Q

Canada’s Constitutional History

A
  1. British North America Act, 1867
  2. Statute of Westminster, 1931
  3. Constitution Act, 1982
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49
Q

British North America Act, 1867

A
  • Made Canada a nation, independent of Britain
  • Passed in Britain; B. kept power to pass laws
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50
Q

Statute of Westminster, 1931

A
  • Allowed Canada to pass own laws, conduct foreign affairs
  • Still could not amend BNA Act
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51
Q

Constitution Act, 1982

A
  • BNA Act transferred to Canada, renamed
  • Added Charter of Rights and Freedoms
  • Amending formula: could change with the agreement of 7 provinces equally at least 50% of the population
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52
Q

Distribution of Legislative Powers

A
  • Federal Gov. Powers (Section 91 of Constitution)
  • Provincial Government Powers (Section 92)
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53
Q

Federal Gov. Powers (Section 91 of Constitution)

A

Peace, order and good government
Criminal law
Unemployment insurance
Banking
Federal penitentiaries
Marriage and divorce
Postal service

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54
Q

Provincial Government Powers (Section 92)

A

Property and civil rights
Education
Police forces and provincial courts
Highways and roads
Provincial jails
Hospitals

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55
Q

PRINCIPLE OF EQUALIZATION:

A

Federal money should be transferred to provinces in order to ensure equal services

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56
Q

Intra Vires vs. Ultra Vires

A

Intra Vires
- “within the power”
- Something within a government’s jurisdiction

Ultra Vires
- “beyond the power”
- Something outside a government’s jurisdiction
- i.e. provinces cannot pass laws changing the treatment of young offenders; this is a criminal matter and is under the power of the federal government.

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57
Q

Changing our Constitution

A
  • Must reflect the beliefs and values of a state (country); therefore must be open to change (amendment)
  • Before 1982, Canadians had no ability to change their constitution, which was controlled by Britain
  • Judicial amendments: courts can interpret and define the construction
  • Amending Formula (for big issues, requires Federal Gov. and all 10 provinces to agree)
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58
Q

What do you think that Voltaire meant by this following quote: “I disapprove of what you say, but I will defend to the death your right to say it”

A

I think Voltaire is essentially saying “I might not agree with what you’re saying, but I will support your right to say it, even if it means risking my life because your right to free speech (under reasonable limits) is crucial to a free and democratic society. Otherwise, we risk a society governed under a totalitarianist regime.”

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59
Q

Statute of Westminster, 1931

A
  • In the decades after WW1, Imperial Conferences were held every 4 years
  • The leaders of the member countries of the British Empire met at these conferences to discuss issues of common concern
    In 1926, a report by a committee at the Imperial Conference declared that Canada and the other dominions would no longer be controlled and under Britain law.
  • The Statute of Westminster passed in 1931 was the logical extension of the 1926 report
  • Under the Statute, Britain could no longer legislate for a dominion unless it was specifically asked to by the dominion
  • This meant that Canada was no longer subject to British laws and could pass laws that contradicted those of Britain
  • Canada was now independent of Britain in terms of foreign policy.
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60
Q

Patriation and Constitution

A
  • Although Canada has become independent in foreign policy, our constitution remained a British statute
  • An important reason for this impasse was that no agreement could be made on patriating the constitution with a Canadian amending formula.
  • PM Pierre Trudeau (first elected in 1968) was determined to reform the Canadian constitution
  • In 1971, the first ministers produced a draft called the Victoria Charter, a written guarantee of rights accepted by the provinces and the fed government
  • Trudeau fought against the Parti Quebecois referendum on sovereignty-association in May 1980
  • Trudeau promised a renewed federalism, constitutional renewal and patriating of the constitution from Britain
  • With the amending formula, one of the most controversial issues because of the entrenchment of a bill of rights in the constitution
  • In Nov 1981, the federal government and nine of the 10 provinces agreed to the patriation of the constitution with an entrenched charter of rights and freedoms
  • The province of Quebec felt excluded from key discussions ignored in some of its concerns and refused to sign the agreement
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61
Q

Patriating:

A

transfer control over a constitution from a mother country to its former dependency.

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62
Q

Amending Formula:

A

a method for making changes to a constitution in Canada’s case, a method that would no longer involve the British parliament

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63
Q

The Evolution of Canada Worksheet

A
  1. Statute of Westminster, 1931
  2. Patriation and Constitution
  3. The Meech Lake Accord
  4. The Charlottetown Accord
  5. The 1995 Quebec Referendum
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64
Q

The Meech Lake Accord

A
  • The failure to persuade the province of Quebec to agree to the patriation of the constitution in 1981 created arguing that the constitutional deal was flawed
  • The government of Quebec put forth a series of proposals that would have led to Quebec’s signing of the constitution
  • In 1987, at Meech Lake in Ottawa, PM Mulroney got all 10 provincial premiers to agree to a constitutional package based on these proposals
  • The new deal, the Meech Lake Accord would recognize Quebec as a “distinct society” and would give the provinces more power relative to the federal government
  • Changes included giving the provinces the right to supply nominees for the Senate and Supreme Court
    • All provinces agreed to the agreement to enhance their constitutional power
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65
Q

The Meech Lake Accord Problems

A
  • PM Pierre Elliot Trudeau saw the special recognition of Quebec as a “distinct society” as unnecessary and dangerous
  • First Nations leaders were upset at the lack of consultation with them over proposed changes and the accord did not address First Nation concerns
  • It was not ratified within the necessary time frame.
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66
Q

Referendum:

A

direct vote by the electorate on a law

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67
Q

Power of disallowance:

A

a power granted to the federal government that gave it the right to disallow provincial legislation

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68
Q

The Charlottetown Accord

A
  • The Mulroney government did not give up on constitutional renewal, despite the failure of the Meech Lake Accord.
  • In 1992, a new proposal, called the Charlottetown Accord was put before the people of Canada in a national referendum
  • Similar to the Meech Lake Accord, the Charlottetown Accord dealt with constitutional issues such as division of powers in forestry, mining and cultural affairs
  • Charlottetown Accord enhanced provincial power so for example, the federal power of disallowance was abolished.
  • First Nations concerns were addressed and the new accord would also make changes to the Supreme Court by formally entrenching the composition and appointment process
  • Senate would be changed from appointed to elected body having equal representation from each of the provinces
  • Charlottetown Accord was defeated in six provinces and one territory
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69
Q

The 1995 Quebec Referendum

A
  • Failure to reach a deal that would have allowed Quebec to sign the constitution led to another referendum in Quebec
  • As with the earlier referendum, Quebeckers would decide whether they wished to remain a part of Canada
  • Unlike the referendum of 1980, however, the 1995 vote would have resulted in an immediate declaration of sovereignty
  • The outcome of the 1995 referendum was also dramatically different from the results in 1980
  • This time, the “no” forces won by a razor-thin majority (50.56% of the popular vote)
  • At the beginning of the 21st century, Canada remained intact, but Quebec still had not signed the constitution
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70
Q

The Concept of Human Rights & The Canadian Charter of Rights & Freedoms

A
  • There has always been tension in human groups between the need for individuality and conformity.
  • Out of this struggle has come a recognition of human rights:
  • Personal liberty
  • Fair distribution of what society has to offer ⇒ food, shelter, jobs, education or wealth
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71
Q

Different political and economic systems view these rights differently
(Communism vs. Capitalism)

A

Communism
- Use of Law to ensure a fair distribution of social and economic wealth

Capitalism
- Minimal state intervention and maximum freedom of the marketplace.

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72
Q

These views of human rights can be transferred to our philosophers.
(Positive Rights vs. Natural Rights)

A

Positive Rights
- Shaped by political authority
- Tied to the collective well-being of society

Natural Rights
- Enduring and universal
- Subject to minimal or no limitation
- Often used as a rationale for civil disobedience

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73
Q

Classifying Rights Terminology

A

Liberty
Civil Liberties

74
Q

Liberty ⇒

A

The ability to do something without prohibition or interference by the law.

75
Q

Civil Liberties⇒

A

actions or rights which may be exercised without interference from the state.

76
Q

Greater Harm Principle

A
  • The exercise of an individual’s freedoms or rights should not cause GREATER HARM to another individual or group (including society at large) than would be caused if the individual’s freedom or right was denied.
  • The rights of the individual are weighed against his/her responsibilities to society as a whole.
77
Q

There are Four Types of Civil Liberties:

A
  1. Political Liberties
  2. Legal Liberties
  3. Economic Liberties
  4. Egalitarian Liberties
78
Q

Political Liberties:

A
  • Associate with the functioning of our parliamentary democratic system
  • Freedom of association, assembly, speech, press (and other media), conscience and religion
79
Q

Legal Liberties:

A
  • Connected with the legal order
  • Freedom from arbitrary arrest or arbitrary search and seizure or persons, premises, paper or property, impartial judges, jury and court proceedings, access to legal counsel and protection from self-incrimination
  • Section 8-12 of the charter
80
Q

Economic Liberties:

A
  • Freedom from state regulation or intervention in economic affairs.
  • Not just alluring to the capitalist, even a unionist wants some freedom in the marketplace.
81
Q

Egalitarian Liberties:

A
  • A class of social welfare benefits and call for positive state intervention to balance the perceived inequities of our social-political-economic system
  • Equality of employment opportunities (etc.) without discrimination on the basis of gender, colour, religion, ethnic or national background (etc.)
82
Q

DO NOT CONFUSE CIVIL LIBERTIES WITH CIVIL RIGHTS!

A
  • Civil Rights as defined in the Constitution Act, 1867 deal with the maintenance of social order through a system of private law (Civil Law: tort, property etc.)
  • Civil rights are your private rights
  • Civil liberties is the power to defend yourself from your government
83
Q

Section 1

A
  • The rights in the Charter are guaranteed “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”
  • So although you are guaranteed these rights, they have limits. “Here are your rights to a certain extent.”
  • For example, although you have freedom of speech, you can’t spew hate speech.
  • Any limits imposed on rights and freedoms by s.1 must meet two basic tests: (1) the limit must be important, and (2) the limit just be reasonable and justified for the benefit of society as a whole.
84
Q

Section 2 a)

A
  • The Freedom of Conscience and Religion, meaning you can entertain the religious beliefs that you want, and declare them openly through practice, worship, teaching, and dissemination. You can not be forced to act in any way that goes against your beliefs or conscience.
  • For example, you have a right to declare your religious beliefs openly through religious clothing.
  • Limit - You can’t force your beliefs on someone else, if you’re religion involves animal sacrifice, etc there’s a limit to that
85
Q

Section 2 b)

A
  • The Freedom of Thought and Expression, meaning you are free to think and believe what you want and publicly express your opinions through writing, speech, painting, photography, and other methods. Includes freedom of the press and media because they communicate issues to the public.
  • For example, you have a right to publicly express your own thoughts and create pieces of writing that explore those ideas without restraint on what you can or cannot write.
  • Limit - If it incites violence if it incites hate, etc
86
Q

Section 2 c)

A
  • The Freedom of Peaceful Assembly, meaning people are allowed to assemble and march against a government or for a cause as long as the assembly is peaceful and not considered a riot.
  • For example, you have a right to participate in a protest that supports abortion rights as long as it is peaceful.
87
Q

Section 2 d)

A
  • The Freedom of Association, means people are allowed to connect with other people or groups such as unions, political parties, cultural groups, educational organizations, or sports clubs.
  • For example, you have a right to meet with your basketball team and connect with them.
  • Limit - As soon as your rights get put into action, your rights can be overturned
88
Q

Section 3

A
  • The Right to Vote in an election and run for office, meaning if you are of the proper age, mental capacity, residence, and registration you can vote in an election. It is also the right for a government to be booted out after a certain number of years.
  • For example, if you are over 18, are mentally stable, live in Canada, and register to vote, you have the right to vote.
  • Limits - You have to be 18 to vote, and you can only be in office for so long before there’s a re-election, etc
89
Q

Section 6

A
  • The Right to Mobility means that Canadian citizens can move in and out of the country and between provinces.
  • For example, if you’d like to go on a vacation to the Bahamas, you have the right to do so. If you are offered a new job somewhere etc, can’t afford you’re current location
  • Limits - The other country has to want you there. The states don’t accept people with a certain criminal record
90
Q

Section 7

A
  • The Right to Life, Liberty, and Security of the Person, meaning that as a human being your personal autonomy and bodily integrity are protected from laws.
  • Security - Can mean job security
  • For example, you cannot receive surgery because of the law.
91
Q

Section 8

A
  • The Right to No Unreasonable Search and Seizure means that police must have good reasoning before searching a person, home, or the belongings of the accused.
  • They have to give reasonable grounds to search you.
  • For example, if the police want to search you for theft, they must have good reasoning for believing you stole.
92
Q

Section 9

A
  • The Right to Not be Arbitrarily Detained or Imprisoned, means that people cannot be held for questioning, arrested, or kept in jail by police without good reason.
  • For example, a random person cannot just be kept in jail the police have to agree and have reasons for believing that the accused is a threat to society.
93
Q

Section 10

A
  • Rights While Under Arrest or Detention, meaning that firstly, the arrested have a right to be properly informed of the reason for the arrest. Secondly, the arrested have the right to be informed that they have the right to receive the help of a lawyer. This means that while you’re being arrested, you need to be told why you’re being arrested and reminded that you have the right to a lawyer’s assistance.
  • For example, if a man was being arrested for impaired driving, he must be told the reason for his arrest and reminded of his right to a lawyer even though his current state may prohibit him from understanding.
94
Q

Section 11

A
  • Rights When Charged with a Criminal Offence, meaning that 1.firstly, the accused must be told what the crime is,
    2.secondly, the trial must happen within a reasonable time,
    3.thirdly, that the accused cannot be forced to testify at their own trial,
    4.fourthly, the accused are assumed innocent until proven guilty in a fair and unbiased trial,
    5.fiftly, the accused have the right to reasonable bail,
    6.sixthly, the right to trial by jury
    7. and lastly the court can only convict the accused under the law they were charged.
  • For example, if someone was originally charged with theft they cannot be convicted of assault in court.
95
Q

Section 12

A
  • Right to No cruel and unusual treatment or punishment, meaning that everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
  • Ie. A centenary that does not guarantee prisoners the right to not experience cruel and unusual treatment or punishment.
96
Q

Section 15

A
  • Equality Rights, meaning that every individual is equal and governments cannot discriminate in their laws or programs.
  • So, everyone is equal before and under the law, every citizen has the right to equal protection and benefit from the law, and the rights are to be applied equally and without discrimination.
  • Also, programs set up by governments to improve conditions for certain minority groups are okay even if they are seen as discriminatory to the majority.
  • Colour, religion, sex, age - and sexual orientation may not be written down but it is covered under the “spirit of the law” It is a custom
  • For example, laws that protect handicapped spots are acceptable because they improve the lives of minorities.
97
Q

Section 33 (Notwithstanding Clause)

A
  • Override sec. 2, 7-15. This means that if the provinces want to pass a law that goes against sec. 7-15, they can.
  • For example, even though Quebec’s law that prohibits people who work in the government from wearing religious clothing goes against section 2, it can still be passed. (Bill 21)
98
Q

What effect can s. 1 of the Charter have on our rights and freedoms?

A

Section 1 of the Charter provides the basis for governments to limit Charter rights as long as those limits are acceptable in a free and democratic society.

99
Q

Explain, with examples, the meaning of this statement: “Charter rights are accompanied by corresponding responsibilities.”

A
  • For example, we have the right to freedom of opinion and expression, but this does not give us the right to say whatever we want, whenever we want - defamation laws prevent us from damaging another person’s reputation with lies.
  • We are free to express our opinions openly on any topic and to believe whatever we wish, but criminal law establishes censorship of obscene materials and of communications that willfully promote hatred against identifiable groups.
  • We have freedom of the press, but courts have upheld most Criminal Code provisions that allow judges to restrict access to courts and the publication of names or descriptive events that might affect an accused’s right to a fair trial.
  • We are free to gather together and to associate with whomever we wish, but such assembly must be done peacefully and lawfully.
100
Q

How have the Charter’s legal rights sections played a critical role in our criminal justice system?

A
  • The Charter plays a critical role in the criminal justice system.
  • As you saw in R v. Oakes, it was a criminal law case in which the meaning of s. 1 of the Charter was first determined.
  • Sections 7 to 14 of the Charter set out the rights that protect us in our dealings with the justice system, especially if we are charged with a criminal offence.
  • These rights, guaranteed under the Charter, help protect individuals from any arbitrary measures by the state; this provision, in turn, helps ensure that justice prevails.
101
Q

Why did the equality rights section of the Charter not come into effect until three years after the rest of the Charter?

A
  • During Charter negotiations, governments, lawyers, and special interest groups debated what “equality” meant.
  • Although the Charter became law on April 17, 1982, s. 15 did not come into effect until three years later.
  • The delay was intended to allow governments time to revise any laws that did not conform to these equality rights.
102
Q

Locke

Naturalist or Positivist?
Name of Main Theory?
Explanation of the Theory

A

Naturalist or Positivist
- John Locke is a Positivist but his ideas leaned toward Natural Law

Name of Main Theory
- Life, Liberty & Private Property

Explanation of the Theory
- Individuals have the rights to life, liberty, and property are natural rights
- He believed all individuals are equal as they are born with inalienable natural rights
- Locke believed that the most basic human law of nature is the preservation of mankind.

103
Q

Rousseau

Naturalist or Positivist
Name of Main Theory
Explanation of the Theory

A

Naturalist or Positivist
He was a Naturalist

Name of Main Theory
Social Contract

Explanation of the Theory
- Claimed that everyone was born free and equal, but societies create a sense of ownership over resources and divisions of labour that cause conflict and social injustice
- Believed that inequality was artificial
- The social contract was the idea that leaders should not claim their power as a gift from God, but this should be from the collective agreement of society
- Believed that true freedom came from people determining rules to live by together, rather than obeying one ruler.

104
Q

Kant

Naturalist or Positivist
Name of Main Theory
Explanation of the Theory

A

Naturalist or Positivist
Naturalist

Name of Main Theory
Moral Law

Explanation of the Theory
- Kant maintained that each of us has a worth or a dignity that must be respected. This dignity makes it wrong for others to abuse us or to use us against our will.
- Kant expressed this idea in a moral principle: “Humanity must always be treated as an end, not merely as a means.”
- Thus, people’s human rights should be upheld not because of what they can offer society, but simply because it is moral to do so.

105
Q

Harriet Taylor Mill

Naturalist or Positivist
Name of Main Theory
Explanation of the Theory

A

Naturalist or Positivist
Naturalist

Name of Main Theory
Equality in all rights

Explanation of the Theory
- She supported “equality in all rights, political, civil, and social, with the male citizens of the community”.
- For example, she argued that paid work by married women is not only permissible but desirable because “dependence on the woman’s side [on her husband] is demoralizing to the character of both” with a focus on women’s equality rights.
- Thus, her main idea was equality for everyone, in all aspects of life.
- The idea that equality should be applied to human rights laws to guarantee it to every member of an existing society - regardless of race, class, gender, sexual orientation, etc.

106
Q

Karl Marx

Naturalist or Positivist
Name of Main Theory
Explanation of the Theory

A

Naturalist or Positivist
He was a Positivist

Name of Main Theory
Marxism

Explanation of the Theory
- Human rights promote the interests of the ruling, high classes in society (the property-owning individuals in the capitalist system)
- Our rights such as freedom of speech and property rights are created to maintain our existing unjust social order
- The nature of the rights is selfish and gives certain individuals authority to ensure that the actions of others do not conflict with their own interests
- Karl Marx believed that human rights were not solutions to achieving equality and justice. Marx’s solution to equality was abolishing the class system.

107
Q

Provincial Human Rights legislation only controls those areas under provincial jurisdiction:

A
  • Provincial and Municipal governments
  • individuals or corporations who are engaged in activity which falls under provincial jurisdiction
  • i.e. owners of rental property, provincial corporations
108
Q

Human Rights in Ontario

Ontario was the first province to enact …

A

Human Rights legislation with the enactment of the Ontario Human Rights Code (and commission) in 1962.

109
Q

The Ontario Human Rights Code covers five social areas:

A
  • Employment
  • Services, goods and facilities
  • Accommodation (housing)
  • Contracts
  • Membership in vocational associations and trade unions
110
Q

The Ontario Human Rights Code is simply a …

A

statute which can be changed by a majority vote in the legislature HOWEVER certain parts of the code have been given quasi-constitutional status meaning they override other provincial legislation.

111
Q

The Ontario Human Rights Code is simply a statute which can be changed by a majority vote in the legislature HOWEVER certain parts of the code have been given quasi-constitutional status meaning they override other provincial legislation.

A
  • It is a statute law - created by elected officials
  • Quasi-constitutional - you can’t change them
112
Q

The Ontario Human Rights Commission has no …

A

jurisdiction over federal organizations or those that are engaged in an activity that is regulated by the federal government.

113
Q

The Ontario Human Rights Commission has no jurisdiction over federal organizations or those that are engaged in an activity that is regulated by the federal government.

If an organization is federal or federally regulated, …

A

the Canadian Human Rights Act applies, and not the Code: these two laws are mutually exclusive.

Ie. Shoppers Drug Mart - Shoppers itself you are under the provincial government BUT if you are working for Shopper’s Post Office you are under the federal government

Ie. Federal - CBC, RCMP, Service Canada, Pearson Airport

114
Q

All rights in the Code are now subject to the …

A

Canadian Charter of Rights and Freedoms.

  • The Charter overrides everything
  • Signed in 1982 by Pierre Elliot Trudeau and the Queen
115
Q

The Canadian Human Rights Act (1977) covers workplaces such as:

A

federal departments and agencies;
Crown corporations;
- CBC
the post office;
chartered banks;
airlines;
television and radio stations;
- Because they go across Canada
inter-provincial communications and telephone companies;
- Bell and Rogers
buses and railways which travel between provinces;
- Not the GO (Government of Ontario)-
places of business where labour issues are governed by the Canada Labour Code;
Other federally-regulated industries, such as certain mining operations.

116
Q

Discrimination is not defined in …

A

Not defined in the Ontario Human Rights Code

  • When we define something we give it parameters - and sometimes we don’t want to do that
117
Q

Discrimination is viewed as a …

A

comparison ⇒ is this person worse off than they would have been, or someone else who was not discriminated against

  • For the first case - “Would a white person be treated differently in this situation?”
118
Q

There is no need to prove INTENT to discriminate ⇒ the …

A

act alone is sufficient

  • They do not care about your intent, you did it, here’s the consequence
119
Q

Direct Discrimination involves…

A

intentional differential treatment of a person or group

-Easy to pick up on

120
Q

Constructive Discrimination involves a ….

A

policy or regulation that appears neutral but results in excluding a group protected under the code i.e. RCMP and headgear.

  • Hard to see - covert in nature
  • Ie. Cops had to be 6 feet and had to bench a certain amount - the rule prevented women from becoming officers
121
Q

With Constructive Discrimination there is no need to…

A

prove HARM ⇒ the affront to your human dignity alone supports a claim to relief

  • The act itself is enough for the law
122
Q

The only exception (for Constructive Discrimination) is if you can prove …

A

reasonable and bona fide job requirements.

  • Requirements you need for a job so you stay safe
  • You can’t be a firefighter if you are in a wheelchair
  • This requirement is often limited to groups that service homogeneous populations such as religious, educational, or social organizations
123
Q

An employer has a duty to accommodate an employee who does not satisfy the job qualifications. To avoid this, an employer must prove that to accommodate would cause an ….

A

UNDUE HARDSHIP by altering the essential operation of the business or impairing its operation (extreme financial distress can be a consideration)

124
Q

Examples of Undue Hardship

A
  • If you are old, pregnant, etc, and you are struggling to complete the job (ie. stocking) they have to accommodate you and find you another job - they can’t just fire you
  • If they can’t find something else - they can claim undue hardship
    – A business cannot go out of business to afford to make a building accessible (wheelchair friendly) for someone who got injured
  • You’d have to prove that you cannot afford to do this - that it disrupts your entire livelihood
125
Q

Determining Discrimination under Section 15 of the CCRF

A
  • Section 15(1) guarantees the right to equality before and under the law, as well as equal protection and equal benefit of law, but what does this mean?
  • Equality is not EQUITY
  • If everyone is treated equally, then you actually get inequality
  • The section does not always bear well for this reason
  • This section does not guarantee equity
126
Q

Equality Before the Law

A
  • Equal administration of the law
  • Dates back to the Bill of Rights
127
Q

Similarly Situated Test –

A
  • A theory that required all people who were similar in certain respects to be treated the same way
  • Thus it is only procedural (or formal) equality not equity
  • Does not always work
128
Q

Equality under the Law

A
  • Equal treatment in the context of the law
  • Substantive (equality of result) rather than formal (equality of treatment) equality
  • Requires considering actual social conditions to determine if true equality has been achieved.
  • Looks at the results - is a more equitable approach
129
Q

Formal equality -

A

Treats everyone the same, does not always work

130
Q

Substantive equality -

A

Looks at the results, is more equitable

131
Q

Equal Protection and Benefits of Law

Seen as a right that requires government responsibility to grant benefits equally – if the government provides a benefit but discriminates in its provision the court will order ….

A

the inclusion of the excluded group – this raises concerns around judicial activism (judges are then creating policy/laws)

  • It is up to the government to make laws about equality but when these go to the courts there’s a fear that the judges have too much power in creating the laws
  • This could not be a thing in human rights cases - the judges are biased
132
Q

To whom does s.15 of the Charter apply? To whom does it not apply?

A

Section 15 of the character applies to “individuals” rather than “everyone.” Thus, it applies to people, not corporations.

133
Q

Why is there no definition of “equality” that is acceptable to everyone?

A

There is no definition of “equality” that is acceptable to everyone because equality is an evolving concept that our courts continue to define and reinterpret. Ie. There was a time when only landowners and adult males had equality rights.

134
Q

Explain the meaning of this statement in the OHRC: “In some cases, the same treatment will lead to unequal results while different treatments will sometimes be required to accomplish an equality of results.” Do you agree? Explain.

A

This statement in the OHRC means that equality may not mean identical treatment. Treating all persons equally without recognizing their different needs may lead to discrimination. I agree with this statement because equality (same treatment) is not the same as equity and a truly equal society would strive for laws that guarantee equity.

135
Q

With examples, distinguish between enumerated and analogous grounds of discrimination.

A
  • Enumerated grounds are stated within s. 15 as they are most commonly infringed upon whereas analogous grounds are not explicitly stated but are implied.
  • Enumerated grounds are defined as - grounds of discrimination that according to a decision from the
  • Supreme Court of Canada, “reflect the most common and probably the most socially destructive and historically practiced bases of discrimination and must, in the words of section 15(1), receive special treatment.”
  • Analogous grounds are similar but are not formally enumerated, however, they are also protected under section 15.
136
Q

Examples of Enumerated Grounds -

Examples of Anaglous grounds -

A

Enumerated - race, national or ethnic origin, colour, religion, sex, age or mental or physical disability

Anaglous - marital status, off-reserve Aboriginal band member status, and sexual orientation

137
Q

What guidelines did the Supreme Court of Canada develop to prove that an infringement of s. 15(1) might exist?

A

1) Does the action deny an equal benefit or impose an unequal burden on an individual or group?

2) Is the action discriminatory? An action will be discriminatory only if it is made on the basis of an enumerated or analogous ground.

3) Is the action discriminatory on the facts of the case?

138
Q

Why was Vriend v. Alberta a landmark judgment?

A
  • Section 15 did not explicitly cover sexual orientation
  • He set a precedent that allowed the courts to see that section 15 did recognize sexual orientation in “the spirit of the law”

The Supreme Court ruled that the deliberate exclusion of sexual orientation resulted in serious discriminatory effects, including the denial of access to remedial procedures and psychological harm from the implicit message that gays and lesbians were not worthy of protection under Alberta’s IRPA. Such legislation most definitely infringed equality rights under the charter and could not be saved under s. 1.

139
Q

The Charter and the Courts

As a constitution must reflect the beliefs and values of a state, it must be …

A
  • open to change:
  • Amending formula
  • Prior to 1982, Canadians had no ability to change their constitution as it was controlled by Britain, however, with the patriation of the constitution in 1982, an amending formula was added to the constitution to allow for change.
140
Q

The Amending Formula:

Support Required: Federal Parliament and all 10 provinces

Types of Issues?

A

Issues of national magnitude ⇒ office of the Queen, G-G, L-G, min. seats in the H of C, composition of the Supreme Court

141
Q

The Amending Formula:

Support Required: Federal Parliament and 7 provinces comprising at least 50% of the population

Types of Issues?

A

All other matters

(other than ones of national magnitude)

142
Q

The Amending Formula:

Support Required: Federal Parliament and the legislature of the affected province

Types of Issues?

A

Amendments that reduce or limit the powers of the affected province

143
Q

The Amending Formula:

Support Required: Federal Parliament only

Types of Issues?

A

Affecting the Federal Executive (H of C and Senate) only

144
Q

The Amending Formula:

Support Required: One Province only

Types of Issues?

A

That province alone is affected

145
Q

Judicial Amendments:

A
  • The Canadian Charter of Rights and Freedoms gives the courts the ability to interpret and define the meaning of our constitution.
  • This allows for the constitution to change as society’s values change, however, opponents argue that it gives the judicial branch of government too much power over elected officials.
146
Q

The Charter and the Courts

A
  • The Charter has dramatically changed the role of the Courts
  • Prior to Charter only decisions were around issues of jurisdiction – intra or ultra vires (sections 91 & 92 of BNA Act)
  • All laws must adhere to the Charter’s principles
  • This gives judges a much more important role in creating and amending laws in Canada
147
Q

Judicial Activism -

A

the perception that judges rather than Parliament are making the laws and imposing their personal values in their judgement

148
Q

Appointing Judges

A
  • Provincial and small claims judges are appointed by the provinces, all others (included provincial superior court judges) are appointed by the federal government
  • Lawyers must have practiced for 10 years before they can be appointed to the bench
  • Independent committees review the applications but government in charge has the final say
  • Serve until resign, retire (at 70 or 75 depending on court), or removed for cause
149
Q

Supreme Court of Canada

A
  • is the most important court in the land
  • consists of 8 judges and one Chief Justice
  • final court of appeal for all levels
  • most decisions are unanimous – if not majority and minority decisions are released
  • If the Court feels that a law violates the Charter it has two options:
    • Strike Down
    • Read Down
150
Q

Strike Down –

A

the law is no longer valid

151
Q

Read Down –

A

the law may generally be acceptable but not in this case it must be changed to comply with the Charter

152
Q

Peace and Friendship Treaty of 1760

A
  • Wompom belt = Indigenous contract between two parties in a binding manner
  • Contract to work together in collaboration without conflicting with each other
  • Contract was broken by European (British and French) colonizers because they did not see it as a codified, written contract
153
Q

Peace and Friendship Treaty of 1760

Background

A
  • The most common practice at the time for colonies to call on Indigenous allies to support them in times of conflict
  • British Governor Dummer sought out the region’s Aboriginal peoples and they negotiated a “Peace and Friendship” treaty.
  • The Aboriginal signatories agreed to “forbear All Acts of Hostility, Injuries and discords towards all the Subjects of the Crown of Great Britain
  • The French always had better relations with their Indigenous peers than the British and supported them well. Especially in Acadia, Nova Scotia and Newfoundland
  • The 1725 Treaty of Boston included the Aboriginal peoples of Maine, New Hampshire, New Brunswick, and Nova Scotia.
  • The purpose of the treaty was to prevent conflict between British settlers and Indigenous people by establishing trade relations with them
154
Q

Peace and Friendship Treaty of 1760

How it affected Canadian laws

A
  • Guaranteed only Mi’kmaq the right to hunt, fish, gather and earn a reasonable living without British interference
  • Re-established peace and commercial relations in Canada
  • Negotiated to reaffirm the peace after periods of war and to facilitate trade, these treaties remain in effect today
155
Q

Peace and Friendship Treaty of 1760

Moving forward…

A
  • There are still laws, such as one in the Indian act states “ “No Indian is lawfully in possession of land in a reserve unless, with the approval of the Minister, possession of the band.
  • Because of this, the discrimination against First Nations is still in effect & granting them the full freedom they need has yet to be fully implemented.
156
Q

Royal Proclamation of 1763
Background

A
  • The Proclamation is a document that sets out guidelines for European settlement of Indigenous territories in North America
  • Initially issued by King George III in 1763 to officially claim British territory in North America after Britain won the Seven Years War
  • States that Aboriginal title has existed and continues to exist and that all land would be considered Aboriginal land until ceded by treaty
  • Sets out that only the Crown can buy land from First Nations - forbade settlers from claiming land from the Aboriginal occupants, unless it had been first bought by the Crown
  • Established a monopoly over Indigenous lands by the British Crown
157
Q

Royal Proclamation of 1763
How it has affected Canadian law

A
  • Created the basis of the treaty-making process in Canada
  • Procedures in the Proclamation led to the orderly opening of lands for settlement
  • Created a new system to govern Canadian territories and helped shape Indigenous land claims/rights
  • Was an important first step to recognizing Indigenous peoples’ inherent title to the land (property rights)
  • Title, treaties, etc. - that language is used by Britain, which makes it a very British-oriented system
158
Q

Royal Proclamation of 1763
Moving forward…

A
  • Continues to recognize that Indigenous lands are reserved for them
  • There are still tensions between the government and Indigenous peoples concerning the right to land and human rights violations
159
Q

Indian Act
Background

A
  • Introduced in 1876 the Indian Act included a number of colonial laws whose purpose was to terminate First Nation culture and further push euro-Canadian society.
  • The Indian Act was revised in 1951 following WW2, which resulted in the removal of SOME offensive religious, cultural and political restrictions
  • Managed the Indigenous peoples heavily → would revoke their Indian status, all First Nations were deemed wards of the state (looked after over the state)
  • In 1985 due to rising concerns over the lack of equality in the Indian Act, the government passed Bill C-31. This Bill removed all enfranchisement clauses.
  • Which also effectively removed Indian Status, the small positive that the Indian Act brought
160
Q

Indian Act
How it affected Canadian law

A
  • Regulated aspects of Indigenous cultural identity, language, ceremonies and family relationships
  • This act gave us the issue of residential schools
  • The purpose of the Indian Act was to eliminate and abolish Indigenous culture and society - have them assimilate into Western culture
  • Had heavy controls on the lives of Indigenous people, the rules on the management and ownership of their land, access to social services (education, healthcare), etc.
161
Q

Indian Act
Moving forward…

A
  • Caused intergenerational trauma, especially with residential schools, as the oppression of the act has negatively impacted
  • Though it has been amended several times over the years, the contemporary version of the Indian Act still outlines the terms of Indian Status and control over reserves and some aspects of Indigenous lives
162
Q

1969 White Paper
Background

A
  • Pierre Elliot Trudeau and his Indian Affairs Minister tried to fix the Indian Act with this
  • Take away the Indian Law and created a new law
  • This law was created in order to achieve equality (NOT equity - which was bad) for all Canadians by eliminating “Indian” as a legal status
  • Strived to make everyone to same - Indigenous lose their Indian status and become one with society
  • This was bad because when Indigenous peoples go out into society without their Indian Status, they would lose the controls and resources (social safety) from the Indian Act →they would be left with poverty and poor education with their lack of education from before
  • Created for equality among all Canadian First Nations by giving them their rights back that the Indian Act took away, but was eventually rejected
163
Q

1969 White Paper
Affecting Canadian Law

A
  • Would have removed the Indian status for all First Nations and their access (even though it was limited, it was more access than what they had without their status) to social safety
  • Would have converted reserve land into private property that could be sold
  • Would have moved jurisdiction of Indigenous issues from the federal to the provincial government
164
Q

1969 White Paper
Moving Forward…

A
  • It never got passed but showed the discriminatory patterns in law
  • Helped to remove discriminatory sections from the Act to promote equality
  • Was seen as a culmination of the Canadian government’s final goal to assimilate Indigenous peoples into Canada while erasing their heritage
165
Q

Canadian Charter of Rights and Freedoms - Section 25 & 35
Background

A
  • The charter was enacted in 1982 and it is a key part of Canada’s constitution
  • The Canadian government did not initially plan to include Aboriginal rights. Sections were added during the constitution when the Act was being redrafted in the 1980s
  • Aboriginal groups in Canada successfully fought to have their rights protected.
166
Q

Canadian Charter of Rights and Freedoms - Section 25 & 35
How it Affected Canadian Law

A
  • Recognizes and affirms Indigenous rights
  • Section 25 guarantees that no rights protected under the Charter will be used to derogate from rights belonging to Aboriginal people
  • Section 35 provides distinct recognition and affirmation of existing Aboriginal and Treaty rights.
167
Q

Canadian Charter of Rights and Freedoms - Section 25 & 35
Moving Forward…

A
  • Section 25 provides recognition and protection of Indigenous rights in Canada, including land claims, resource management, and self-governance
  • Indigenous Treaty rights and human rights are seen equally under and before the law
  • More respect for Indigenous culture and human rights
168
Q

Truth and Reconciliation Commission (TRC) - (EXAMPLE OF A ROYAL COMMISSION)
Background

A
  • The TRC was created due to the Indian Residential Schools Settlement Agreement, which was one of the largest settlement packages for survivors of residential schools.
  • TRC lets Residential School survivors share their personal experiences
  • The government of Canada provided $72 million to support TRC and 6 years of travelling to all parts of Canada, hearing from over 6,500 witnesses
  • Created a historical record of the residential school system. The government provided 5 million records to the TRC.
  • Its mandate was to inform Canadians about what happened in residential schools
169
Q

Truth and Reconciliation Commission (TRC) - (EXAMPLE OF A ROYAL COMMISSION)
Background

A
  • The TRC was created due to the Indian Residential Schools Settlement Agreement, which was one of the largest settlement packages for survivors of residential schools.
  • TRC lets Residential School survivors share their personal experiences
  • The government of Canada provided $72 million to support TRC and 6 years of travelling to all parts of Canada, hearing from over 6,500 witnesses
  • Created a historical record of the residential school system. The government provided 5 million records to the TRC.
  • Its mandate was to inform Canadians about what happened in residential schools
170
Q

Truth and Reconciliation Commission (TRC) - (EXAMPLE OF A ROYAL COMMISSION)
How it Affected Canadian Law

A
  • Completed SOME not all calls to action
  • Influenced legal and justice policies
  • Bought attention to the ongoing injustices faced by the Indigenous people (including child welfare, education, health and the criminal justice system)
171
Q

Truth and Reconciliation Commission (TRC) - (EXAMPLE OF A ROYAL COMMISSION)
Moving forward…

A
  • The commission is not means perfect, but a step in the right direction
  • Only 12 calls to action have been completed with 20 yet to be started
  • The need for change in policy, addressing the over-representation of Indigenous people in the criminal system
  • 40% of people in prison are Indigenous → Something systematically is going wrong
172
Q

Uyghurs
Historic Areas of Abuse?

A
  • Uyghurs, a largely Muslim ethnic minority group were forced into detention centers and taught Mandarin Chinese and Chinese political ideology.
  • They faced physical and mental abuse (beatings, child labour, etc.)
  • Uyghurs are a minority community and women were subjected to forced sterilization and forced abortions before being detained in the camp
  • Women in China’s ‘re-education’ camps for Uyghurs have been systematically raped, sexually abused, and tortured
  • This is an example of mass arbitrary incarceration of a minority population
173
Q

Uyghurs
What has been done to safeguard their rights in the past (if anything)?

A
  • The United States created the Uyghur Human Rights Policy Act of 2020, which was made to raise international awareness of the persecution of Uyghurs and report human rights abuses by the Chinese Communist Party and the Chinese government against Uyghurs in Xinjiang (the “re-education camps”)
  • U.S lawmakers have imposed sanctions targeting China, as well
174
Q

Uyghurs
What is currently being done to safeguard their rights?

A
  • The European Parliament and the European Union Council recently reached a provisional agreement that outlines new rules banning products made with forced labour (safeguarding the rights of Uyghurs in slavery)
  • Montreal Uyghurs march to bring attention to China’s persecution of ethnic Muslim minorities
175
Q

Uyghurs
International Response?

A
  • United Nations member countries have called on Beijing to end its systematic human rights abuses towards the Uyghurs
  • In a landmark ruling in 2022, the UN’s committee on racial discrimination strongly condemned China’s persecution of Uyghurs and referred the case to the UN Secretary-General’s Special Adviser on the Responsibility to Protect.
176
Q

Uyghurs
What action do you recommend to put an end to future abuses?

A
  • Instead of the United Nations only raising awareness about violating human rights and referring the case to other departments, they should take effective actions and send humanitarian aid to help Uyghurs
  • Increasing sanctions on China would be recommended to end support towards their actions and reduce the funding for their operations
177
Q

Rohingya
Historic Areas of Abuse?

A
  • Stateless Indo-Aryan ethnic group from Rakhine State, Myanmar
  • Been denied citizenship under the 1982 Citizenship Act in Myanmar as the government believes they are actually Bangladeshi Muslims
  • Faced oppression and abuse from the Myanmar military
  • Cut off from adequate food, education, healthcare, livelihoods, etc
  • Mass displacement occurred in 2017
  • The military burned villages, raped women, executed/beheaded people (including children) and planted landmines.
  • Many Rohingya people fled to overcrowded camps in Bangladesh
178
Q

Rohingya
What has been done to safeguard their rights in the past (if anything)?

A
  • Rohingya people have always been a discriminated and persecuted minority
  • Myanmar refuses to accept them and give them citizenship
179
Q

Rohingya
What is currently being done to safeguard their rights?

A
  • UNICEF has been working with the Bangladeshi government and helping Rohingya people who live in the Bangladeshi camps
  • Children are given access to healthcare, water, food, nutrition, etc
  • They are studying under the Myanmar curriculum
180
Q

Rohingya
International Response:

A

Canada officially recognized the treatment of the Rohingya people as a genocide
Canada pledged 1 million dollars for relief support
Other countries such as the USA and parts of Europe have also acknowledged it as genocide
Many countries including Australia, Austria, Afghanistan, Belgium etc, expressed support for the Rohingya people and offered humanitarian aid
China, however, expressed support for Myanmar instead

181
Q

Rohingya
What action do you recommend to put an end to future abuses?

A
  • Not only the refugees at the Bangladeshi camps but humanitarian aid should be sent to the Rohingya people who are still in Myanmar too
  • Countries should place pressure on the Myanmar government