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What do indigenous and aboriginal law draw inspiration from
look to land to make judgements
what is currently being done to mitigate indigenous issues
94 calls to action - works towards reconciliation, advancing education, etc
indigenous law
indigenous peoples' legal traditions, customs and practices
involves self gov
what must the crown do when making decisions related to indigenous people
they must consult indigenous people
aboriginal law
used by canadian gov in the constitution
enforces treaties
what does aboriginal law provide
constitutionally recognized rights
current indigenous issues
treaty issues, mmiw, intergenerational trauma, issues with food access in remote areas
when was the universal declaration of human rights created
1948 after wwii
what does the ccla do
promotes legal protection of civil rights for people in canada
share your thoughts on the work the federal government has done for indigenous people
inadequate - promises access to clean drinking water, yet many communities are left without it, intergenerational trauma has not been properly addressed, access to education for indigenous youth is not prioritized
what was the sixties scoop
police would take indigenous children from their families and put them in the foster system to be adopted by white families
universal declaration of human rights
document adopted by the UN that enforces rights and freedoms
when was the charter of rights and freedoms created
1982
what is section 1
reasonable limits clause
can be used to justify a limitation on a person's Charter rights
what is section 2
fundamental freedoms - freedom of religion, thought, media, peaceful assembly, association
what is section 7
right to life (live or not live), liberty (free person), and security (bodily autonomy)
what is section 8
right to be secure against unreasonable search and seizure
what is section 10
right on arrest or detention - to be informed of the reason, retain counsel, to have the validity of the detention determined by habeas corpus
what is section 11
proceeding in a criminal matter - anyone charged with an offence has the right to be informed without reasonable delay of the offence, tried within a reasonable time, innocent until proven guilty, not be denied reasonable bail, if acquitted, not be tried for it again (double jeopardy), if found guilty and the punishment has been varied, to benefit of the lesser punishment
what is section 15
every individual is equal under the law - no discrimination allowed
what is section 24(1) and (2)
(1) outlines that a remedy must be provided for people whose charter rights have been infringed upon
(2) evidence that was found as a result of charter rights being infringed upon are excluded
what is section 33
notwithstanding clause
gives parliaments the power to override certain portions of the charter for five-year terms when passing legislation
pertains to section 2 and sections 7-15
examples of the notwithstanding clause use
quebec - prevents public workers from wearing religious symbols, french only on commercial signs, bill 96 - limits the use of english in quebec
what parts of the charter only apply to canadian citizens
voting rights (section 3) and mobility rights (section 6, entering and leaving canada)
what constitutes a peaceful protest
the act of expressing disapproval through a statement or action without the use of violence
examples of controversial ‘peaceful’ assemblies
freedom convoy, blocking of avenue and the 401 for palestine protests
what is the oakes case
david oakes was charged with drug trafficking and had to prove his innocence. constitution went into effect and section 11 stated anyone charged with a crime is innocent until proven guilty. oakes said his charge violated his constitutional right and the supreme court then came up with a way to analyze charter cases.