Chapter 6/7 - Concepts

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.