CCRF (short version)

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35 Terms

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CCRF

  • A document that protects the interests of Canadians and provides a way to challenge perceived abuse of basic rights and freedoms through our court system.

  • Applies to everyone, citizens or newcomer

  • some rights only apply to citizens, ex: the right to vote. 

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7 categories of CCRF

  • Fundamental freedoms 

  • Democratic rights 

  • Language rights 

  • Mobility rights 

  • Minority language education rights 

  • Legal rights 

  • Equality rights 

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Making the CCRF 

  • It was enacted in 1982 

  • Effectively replaced the Bill of Right that was made is 1960 

  • increases the extend of and amount of our rights and freedoms 

  • Forms a part of the constitution

  • hard for the future government to decrease or limit the current rights and freedoms

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Why was the charter enacted  

  • In 1960 and 1970, Quebec had concerns over language and social policy and western provinces were concerned about natural resources 

  • P.M Pierre Trudeau asked the amend the British North America act to include the CCRF 

  • Queen Elizabeth signed the constitution and Canada officially has its owned constitution 

  • The process of “bringing it home” the constitution from Britain is call patriation 

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British North America act 

  • Enacted in 1867 

  • Essentially, the creation of Canada as its own independent nation with government under the Crown

  • When Canada became a country, got a government, had a constitution that belonged to Britain, until it was brought home to Canada, where Canada had own government. 20 years later they added the CCRF into the constitution of rights 

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what does the charter do

Charter regulates governments behaviour, not to exploit the citizens, the government's actions towards citizens 

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Section one 

  • Supreme court can limit the rights in other sections of the charter with reason

  • Prescribed by law, based in a law, must be passed in government 

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Oaks test

  • what is reasonable and justified 

    • Objective 

    • Rational connection  

    • Minimal impairment 

    • Proportionality 

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Section 33 – the notwithstanding clause 

  •  government restricting rights and freedoms 

    • must justify restricting rights (with reason)

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war measures act

government can restrict rights in the case of an emergency

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Right

a legal, moral, or social expectation that Canadians are entitled to from the government 

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Freedom

is the opportunity to live your life without interference from the government unless you infringe on the freedoms of others 

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Responsibility

is your duty to do something. This goes hand in hand with CITIZENSHIP. This would include not violating others’ rights and freedom 

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Citizenship

being a citizen and fulfilling responsibilities

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CCRF entrenched in the constitution

  • The CCRF is entrenched in the constitution

  • hard for future governments to limit the current rights and freedoms

  • All rules connect to the charter

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Amendments

change

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Fundamental freedoms

  • Freedom of expression  

    • Ability for individuals to freely express themselves

    • limits include: 

    • Violence 

    • Threats of violence 

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Hate speech 

  • Any communication in speech, writing, or behaviour that attacks or uses discriminatory language when talking about a group or person based on who they are 

  • If someone says in private conversation, cannot be put into jail, only in public spaces 

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Democratic rights

  • Every Canadian citizen of age has the right to vote 

  • Every Canadian citizen of age has the right to run for public office 

  • Elections, both federal and provincial, must be called every five years 

  • Parliament and legislature must sit at least once every 12 months 

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Right to vote

  • People have fought to vote to keep government accountable 

  • “Free elections” often invite representatives from other countries to oversee their administration of their polling booths to ensure votes are counted equally 

  • In Canada, our vote to right is a birthright or automatic  

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Mobility rights

  • being mobile, moving freely within the country 

  • Right to remain and enter in Canada 

  • Allows people to go anywhere to seek opportunities in their field of expertise 

  • In some professions, they must meet the requirement of standards of the province 

  • Some provinces had tried limiting these rights to make sure local residents had jobs first and not create a tax burden on local residents

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Legal rights

  • right to be tried by a judge or jury

  • right to a lawyer

  • innocent util proven guilty

  • right to be assigned a lawyer if you have no money

  • Right to be free from imprisonment, search and seizure backed by law and evidence

  • Right to a fair public trial that assumes you are innocent until proven guilty

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Equality rights

  • Equality before and under the law and equal protection and benefit 

  • Every person is protected against discrimination based on their background

  • The right to be free no matter what background

  • “equal pay for equal work” 

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Prejudices

A feeling of unfair dislike directed against an individual or a group because of some characteristics (bias) 

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Stereotype

mistaken idea or overgeneralized belief many people have about a group of people, may be untrue 

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Discrimination

unjust treatment of different categories of people or things, especially on the grounds of race, age, or sex

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Privilege

a right or liberty granted as a favour or benefit especially to some not others

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Official language rights

  • Either English or French may be used in parliament, including documents

  • Members of the public can communicate with the federal government in either language 

  • Federal government must provide services in English and French 

  • Either language can be used in court 

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Minority Education Language Rights

  • French Canadian have the right to learn in French

  • English in a French speaking area have the right to learn in English

  • Have their children receive education in that language, paid by public funds

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Four pieces of legislation that protect workers

  • Canadian Human rights act 

  • Canada’s employment equity act 

  • Federal contractors program 

  • Canada labour code 

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four parts of Canada Labour Code

  • Industrial relations 

  • Occupational health and safety 

  • Standard hours, wages, vacations, and holidays 

  • Monetary penalties 

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Industrial relations 

  • Govern workplace relations an collective bargaining between union and employers. Contains provision relating to dispute resolution, strikes and lockouts

  • Outlines labour relation and responsibilities of employers, trade union and employees, trade union and business 

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Occupational health and safety 

  • Establishes provisions to prevent workplace related accidents and injuries, including occupational disease  

    • Employers have a general obligation to protect health and safety of 

      • Employees while at work 

      • Non-employees who are in the workplace (ex: customers)

  • Obligations on the following groups 

    • Employees 

    • Health and safety committee 

    • Health and safety representatives 

    • Occupational health and safety, employers, employees, making sure people are safe 

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Standard Hours, Wages, Vacations, and Holidays 

  • workers rights to fair and equitable conditions of employment 

  • Employment conditions  

  • Minimum working conditions 

  • Hours of work 

  • Minimum wages 

  • Holidays 

  • Annual vacation  

  • Various types of leave 

Require employers to meet these minimum entitlements 

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Monetary Penalties 

financial deterrent to a non-compliance to the Canada Labour Code