WEEK 9 - Civil Liberties Flashcards
What is the difference between civil rights and civil liberties?
rights is US term, before BNAA it was referred to private law rights between individuals (contracts)
liberties is Canadian term
What are civil liberties?
Values related to the freedom and dignity of all individuals int he context of the public sector areas (ex. CJS, politics)
Protect out dignities
Legislation protects liberties
> CCRF
Where was the start of civil liberties?
BNAA (1867) had bill of rights, but was dissatisfaction in Canada
> minorities abused
When did the UN create the Universal Declaration of Human Rights?
(1948) After the second world war, the trend toward global protection of human rights,
Only a document, not formal legislation, had moral value
In all languages
Which PM introduced the Canadian bill of rights (1960)?
Diefenbaker
What PM added to the Constitution, the CCRF, in 1982?
Pierre Trudeau
What was the private sector’s protection of human rights?
Canadian human rights act, Ontario racial discrimination act, and Sask. bill of rights prevented discrimination
What exceptions are built into Canadian humans rights act?
s (15) (1) (a) - bona fide occupational requirements
s (16) (1) - affirmative action programs
What is the public sector’s protection of civil liberties?
CCRF - entrenched rights, does not apply to private sector matters
Applies to actions of the fed, prov, and territ government when making laws
Applies to relations that involve individual or corporation on one side and a government on the other side.
What is section 1 of the charter?
guaranteed of rights and freedoms
> subject to limits (Oakes Test)
What is section 2 of the charter?
fundamental freedoms
1. conscience
2. thought, belief, opinion, and expression
3. peaceful assembly
4. association
what is section 3 - 5 of charter?
democratic rights
> ex. right to vote
what is section 6 of the charter?
mobility rights
what is section 7 - 14 of the charter?
legal rights
what is section 15 of the charter?
equality rights
> protection from discrimination
> affirmative action programmes
