Balancing Freedoms and Safety

Main advantage of democracy

Peaceful transition of government

• no violence after election; losing party accepts loss

What does the classical liberal believe about the purpose of government?

to protect our rights

Constitution

highest law in liberal democracy

Main goal of a constitution

Protect the rights of the minority

Implications of the constitution

Every law created must follow the guidelines that exist within the constitutions

Changing the constitution in Canada

• requires support of 7-8 provinces in Canada + parliament

• Premiers must vote in the legislature to agree to modifications

Magna Carta

First constitution (1215)

• King John agreed that no one would be above law, even him

Why was the Magna Carta celebrated?

Included habeus corpus

habeus corpus

right to fair trial

miranda warning

right to a lawyer, right to know one’s charge, right to privacy

egalitarian

idea that laws apply to everyone equally

jury by one’s peers

criminal defendant’s right to be tried by a jury made of fellow citizens (random selection who represent the community)

US Declaration of Independence

• basis of US constitution

• men created equal, unalienable rights, life, liberty, pursuit of happiness

• meant for male land owners at the time

Haudenosaunee

Great Law of Peace, Five Nations, Iroquois Confederation

Great Law of Peace, Five Nations, Iroquois Confederation

• Indigenous People’s Government

• combo of political/military alliance

• Indigenous people responsible for local decisions, but would meet to have rep in larger legislative assembly

• CONSENSUS

consensus

decision isn’t made until everyone comes to an agreement (compromise and negotiation mean a lot)

Charter of Rights and Freedoms

1982

• foundation of Constitution is peace, order, good gov’t (protection of minority rights)

• one of the best/most progressive Constitutions in the world

Difference between Charter and Declaration

Charter - peace, order, good gov’t

Declaration - life, liberty, pursuit of happiness

Section 1 of the Constiution

rights protected to “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”

• live rights as long as justifiable in a free/democratic society

Notwithstanding clause

governments in Canada can ignore Supreme Court and pass laws anyway, even if unconstitutional

• mechanism to prioritize passing of laws

Bill 101

signs ins Quebec have to be in french (protect Francophone minority rights)

Before WW1

Before war, Canada encouraged Ukrainian immigrants to migrate to Western Canada and farm (max resources and similar climate)

WW1 premise leading to challenges to Canadian rights

Triple Entente - Russia, France, Britain

Triple Alliance - Italy, Germany, Austria-Hungary, Ukraine

• Ukraine was fighting Russia - fear that Ukrainian Canadians would remain loyal to Ukraine (discriminated against in Canada)

• scared Canadians would be at risk of Ukrainian terrorists

War Measures Act

Temporary suspension of civil rights

• people could be arrested for no reason, held in jail indefinitely, no judge, home searched, phone lines cut (without a warrant)

What was the point of the War Measures Act?

speed

• faster + more efficient to arrest for no reason

• more innocent people will be hurt if they take time to arrest people

War Measures Act WW!

Internment camps created across Canada for Ukrainians until end of war (only men)

• Ukrainian Canadians released at the end of war, once war measures act was revoked

  • full rights restored, not a single Ukrainian Canadian ever charged/convicted of crime

• Canadian gov’t apologized in 2008

WWII background

• December 7, 1941 - Japan launched attack against US (pearl harbour)

• fear was Japan would launch another surprise attack along west coast with help of Japanese Canadians

  • already discriminated against prior to war (lower income, excluded, segregation)

War Measure Act WWII

Gave Japanese Canadians option to move to Rockies or return to Japan (most lived in Vancouver at the time)

• put Japanese Canadians into internment camps (men in one, women/children in other)

Order in Council 469

• allowed gov’t to legally repossess, sell, keep all of Japanese’ Canadians properties

End of WWII

• War Measures Act revoked

• Japanese Canadians free, but forced to start from scratch

• Canadian government apologized in 1988 (paid $21000 to each)

FLQ

• radical group wanting Quebec independence