Chapter 3 - 4 Individual and Collective Rights

Constitution Act (1867)

Established Canada as a new country with provinces.

Bill of Rights (1960)

Protected freedom of speech and religion in Canada.

Constitution Act of 1982

Included the Charter of Rights and Freedoms.

Charter of Rights and Freedoms

Part of Canada's Constitution, effective since 1982.

Constitution

Framework of laws governing Canada, highest law.

Right

Common privilege protected by law.

Freedom

Behavior or action free from interference.

Individual Rights

Basic liberties and rights of all citizens are guaranteed in the Bill of Rights.

Equality Rights

Rights ensuring equal treatment under the law without discrimination.

Collective Rights

The rights of the group, rather than the individual

Language Rights

Charter rights to receive government services in English or French.

Section 1 of CCRF

The rights and freedoms the CCRF outlines are protected, with limits that are reasonable and justified by law.

Section 2 of CCRF

Freedom of conscience and religion, Freedom of thought, belief, Freedom of peaceful assembly, Freedom of association

Section 3-5 of CCRF

Right to vote for a new government at least every 5

years. Parliament will meet each legislature at least once every twelve months.

Section 6 of CCRF

Every citizen and every permanent resident of Canada has the right to enter, remain in and leave Canada.

Section 7-15 of CCRF

Everyone has the right to life, liberty, security, and fair legal treatment under fundamental justice.

Section 8 of CCRF

Protects against unreasonable search and seizure.

Section 15 of CCRF

Everyone is equal under the law and protected from discrimination.

Notwithstanding Clause (Section 33)

Allows federal and provincial governments to temporarily override certain Charter rights (sections 2, 7-15), including fundamental freedoms, legal rights, and language rights.

Anti-Terrorism Act (2001)

Passed after 9/11, this Act expanded government and security powers to combat terrorism. It was controversial due to concerns about conflicts with the CCRF.

The Case of Abousfian Abdelrazik

A Sudanese-born Canadian citizen, Abdelrazik was labeled a terrorist by the U.S. in 2006 but later cleared. Despite this, CSIS detained him and denied his right to return to Canada from Sudan.

Right to Religion & Conscience

The Lord's Day Act required businesses to close on Sundays. In 1982, Calgary's Big M challenged it, and the Supreme Court ruled it violated Canadians' right to religion and conscience.

No-Fly List (2007)

Canada's No-Fly List restricted travel for security reasons, impacting rights to travel, association, and presumption of innocence. Still in effect but modified.

Collective Rights

Rights held by groups in Canadian society that are recognized and protected by the Constitution.

Groups that hold collective rights

First Nations, Métis, Inuit, Francophones, and Anglophones.

Legal document that protects collective rights?

The Canadian Constitution.

Part of the Constitution protects collective rights

The Constitution Act, 1982.

Treaty Rights

Rights agreed upon in treaties between First Nations and the Crown.

Indian Act

A law that governs matters related to First Nations peoples in Canada. Passed in 1876.

Controversy with the Indian Act

It was created without consultation and aimed to assimilate First Nations people.

Numbered Treaties

Agreements between First Nations and the Crown from 1871-1921.

What did First Nations gain in treaties?

Reserves, education, healthcare, and hunting/fishing rights.

What did the government gain from treaties?

Land for settlement and development.

Francaphone Rights

Education, language services, and communication in French.

Anglophones Rights in Quebec

Receive education and services in English.

Section 23 of the Charter of Rights and Freedoms

The right to education in one's first language where numbers warrant.

Bilingualism

The recognition of English and French as official languages.

Schools in English or French

When the population is large enough in a certain area.

Purpose of Collective Rights

To recognize and protect the unique identity of specific groups in Canada.

Collective Rights Affecting Canadian Unity

They aim to promote respect, recognition, and fairness among diverse groups.

Multiculturalism

A policy that encourages the preservation of cultural identities.

Collective Rights Important in a Democracy

They ensure that minority groups are protected and respected under the law.

Metis Collective Rights

Rights recognized by the government that reflect the distinct culture, history, and identity of the Métis people, including land, harvesting, and self-government rights.

Government Recognized Métis Rights

Through agreements like the Métis Settlements Act (1990) in Alberta and Powley case (2003) which affirmed their right to harvest for food.

Métis Collective Rights Importance

They acknowledge the Métis as a distinct Indigenous people and protect their ability to maintain their way of life, culture, and traditions.

Louis Reil

Métis leader who led the Red River Resistance (1869-1870) to protect Métis land, culture, and political rights when Canada took over the Red River territory.

Red River Resistance

Led to the creation of Manitoba as a province and included Métis rights in the Manitoba Act (1870), such as land rights and recognition of French language and Catholic education.