Unit 2 Law

Manually made

Canadian Charter of Rights and Freedoms

• Freedom of Expression

• Freedom of Security

• Freedom of Religion

• Freedom of Education

• Freedom to Procedural Rights

• Freedom of Special Provisions

• Freedom of the Press

Language of the Canadian Bill of RIghts comes from the…

Universal Declaration of Human Rights

Why was the Bill of Rights created?

To prevent atrocity

What is the CCRF?

• Canadian Constitution of Rights and Freedoms

• Constitutional Supremacy

• Reasonable limits (still have to follow obvious, general rules)

• Intentionally vague so that the interpretation can change based on the current values

Freedom of the Press (Section 2B)

• Government can’t control the media (could lead to propaganda, false information, controlling public opinion, biases, coverups)

• CBC holds the government accountable

Banned Books

Books are only banned if they violate the criminal code (mostly libraries/school systems that ban books)

Bill 21 (laicity)

• Bans public sector workers from wearing religious symbols (eg. kippahs, hijabs, turbans, crucifixes)

Section 33

• Notwithstanding clause

• Temporarily override sections 2, 7-15 for 5 years at a time

How do judges decide limits to Freedom of Expression

• Eg. hate speech, death threats, harassment, perjury

• If all answers to the questions are yes, then they can limit

  • Is the limit prescribed by the law?

  • Oakes test

  • Proportionality test

Oakes Test

• Is the purpose of the law pressing and substantial?

Proportionality Test

• Is the law rationally connected to its purpose?

• Does the law minimally infringe on the right?

  • Can you live without saying it?

• Do the positive effects outweigh the negative effects?

  • Are we better off with this right being limited?

Section 11B (trial within a reasonable time)

• 30 months for the Supreme Court

• 18 months for the provincial court (less serious cases)

Criticisms of Section 11B

• Dangerous people on the streets

• Not fair to families

Affirmative Action

• Preferential hiring/admission of disadvantaged groups

• To prevent a tyranny of the majority

• Fix the past

4 Eligible AA Groups

• Visible minorities

• Women

• Disabled

• Indigenous

Women’s Double Standards

• Pay

• Motherhood

• Pink tax

• Beauty standards

Direct Discrimination

• A company openly won’t hire a minority (eg. police wouldn’t hire women)

Constructive Discrimination

• Tests/standards that aren’t relevant to the job necessities

Accomodation vs. Undue Hardships

• Company does not accommodate for a person with disabilities

• Undue hardship: company decides it is too expensive (for one person)

Poisoned Environment

• Racist/sexist, harassment has become normalized → toxic

Bonafide Occupational Requirement

• If a person can’t meet the requirement is it not discrimination → guy couldn’t wear helmet because of his turban

Ontario Human Rights Code

• Addiction is a disability because it is beyond autonomous control

• Not held accountable

Rights of Addicts

• Access to treatment

• Harm reduction → consumption sites

• Housing + employment → prevent downward spiral

Before Human Rights in the CCRF

• 1960s

• People were protected by common law → judges would vote in favour of human rights