The charter of rights and freedoms and human rights law

Section 1 of the Charter – Reasonable Limits Clause 

section 1 of the charter

Rights and freedoms may be limited if the limitation can be justifies in a few and democratic society

A court will decide what is reasonable

most rights are not absolute and limits can be placed acordingly

Section 2 of the Charter - Fundamental Freedoms 

Freedom of conscience and religion, freedom of though, belief and opinion, and expression, freedom of peaceful assembly and association

Conscience & Religion 

everyone In Canada is free to practice and follow their religion or faith without fear or discrimination

The right to your on belief of right vs wrong

Thought, Belief, Opinion, and Expression 

All forms of communication and expression, (speech media art)

may be limited it person promotes hate or discrimination

Peaceful Assembly & Association

Associated with the right to peaceful protest, whats not okay is a group of three or more committing acts that instigate fear, (ccc) or anything that could escalate to a riot, at least 12 people to be considered a riot

Section 3-5 of the Charter - Democratic Rights 

Right for citizens to vote, Exceptions being underage, no residence, no citizenship

Section 6 of the Charter - Mobility 

Allowed to move where ever u would like, inside or outside of Canada

Sections 7-14

life liberty and security of a person

S. 8

Search and Seizure

S.9

Arbitrary detention 

S.10

Right to be informed;

S.11

to be informed without unreasonable delay of the specific offence; to be tried within a reasonable time; not to be compelled to be a witness in proceedings against that person in respect of the offence; to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal

S.12

Cruel and unusual punishment 

S.13

Self incrimination

S.14

Right to an interpreter 

Section 15-28 of the Charter-

Equality Rights 

Affirmative action

the government can create policies or programs aimed at helping disadvantages groups without being considered discriminatory

16-22

Official language rights (in english and french)

23

Minority language education rights in both english and french

25

Aboriginal rights and freedoms

27

Multicultural and heritage rights

28

Equality of the sexs, both women + men treated equally

s.33 + what sections of the charter it applys to

The not withstanding clause - Allows the government to enact or maintain laws in spite og the fact that they may violate rights and freedoms in the charter

it applys to section 2 fundamental freedoms section 7-14 legal rights section 15 equality rights

Resolving Infringements of Charter Rights 

If someone believes that their rights under the charter have been violated, an analysis is done to justify the infringement under the reasonable limit clause section 1, it its decided that it cannot be justified under section 1 the the law is interpreted or changed to align with the charter

Section 52 of the Constitution Act of 1982 

Strike down - a court ruling that a law violates one or more charter rights and therefore is invalid

Read down - a court ruling that a law violates one or more charter rights and part of it needs to be changed

Prejudice vs Stereotyping 

• Prejudice - Involves someone making an assumption on another base on the group they belong to rather than their individual qualities, Typically negative

  • Negligence rather than facts

• Stereotyping - This is when a person has a belief about an individual and assuming that everyone in that individuals group is the same

  • A prejudiced might assume that all women drive dangerously

Civil Rights v Human Rights 

Civil rights are granted and protected by a countries laws (right to vote)

Human rights and fundamental rights people get for being a human (right to life, charter)

Discrimination

Prejudice and stereotyping contribute to discrimination

The act of an individual being treated unfairly bc of prejudice or stereotyping

Intentional vs Unintentional discrimination 

Intentional is when someone deliberately treats a person or group unfairly (refuses woman leadership roles), Unintentional is when a rule or action disadvantages groups of people ( a job requires u to pass a physical exam)

Canadian Human Rights Act 1977 

Federal law that protects people in canada from descrimination

 Provinces have their own Human Rights Act - e.g.

Ontario Human Rights Code

enforcing human rights laws

ontario human rights code (1962) protects people in ontario from descrimination in specific areas of life like workplaces (ex employment, buying or renting properties

Understand what this process is  for enforcing human rights laws

1. u have to file a complaint (HRTO)

2. mediation is offered to see if the issue can be resolved with out going to a hearing

3. hearing process

4. if discrimination if found to have happened remedies like compensation are ordered

Complainant vs. Respondent 

Complainant – The person who files a complaint, claiming they were discriminated against.

Respondent – The person, business, or organization accused of discrimination and responding to the complaint.

What is Conciliation?

Conciliation is a process used to help two opposing parties resolve a dispute without going to a formal hearing or trial