Unit 2 Law

Nelson Mandela Rules

After Nelson Mandela’s prison experience, the UN decided to revise rules according to the safety of prisoners.

3 examples:

managing prisoners files promptly and safely

body searches must only be carried out if absolutely necessary

isolation should be used as a last resort

Section 1 of Charter

Reasonable Limits Clause

The government may be able to infringe on Charter rights based on an evaluation if they have jurisdiction to do so according to the “Oakes test”

Section 2

Fundamental Freedoms

conscience and religion, thought, belief, expression, peaceful assembly, and association

Section 3-5

Democratic rights

Section 6

Mobility rights

Sections 7-14

Legal rights

7: Life, Liberty, and Security

8: Search and Seizure

9: Detention or imprisonment

10: Arrest or detention

11: Courtroom rights

Section 15

Equality rights

Everyone is equal under the law, specifically including no discrimination against, race, religion, ethnic identity, colour, sex, age, or mental or physical disability

Section 24

Enforcement rights

If an individual feels their rights have been violated, they may ask for a remedy

ex. excluding evidence because section 8 of the Charter was violated

Section 52

Enforcement rights

if a statute conflicts with the constitution, it can be:

read in

read out

invalid

Section 33

Notwithstanding Clause

Allows parliament or provincial legislatures to override sections 2 and 7-15 and pass laws that conflict with these sections of the Charter.

The royal proclamation

Set out guidelines for European settlement of Aboriginal territory

* All land would be Aboriginal land unless ceded by the treaty
* Only Crown could buy land from Aboriginals
* Sold to settlers by the Crown
* seen as the “Indian Magna Carta”

Quebec Act

Act of British Parliament to outline how the province would be governed

* religious freedom for catholics
* allowed citizens to participate and run for representatives in government
* religious freedoms and democratic rights were solidified in law

BNA Act

New Brunswick, Nova Scotia, Quebec, and Ontario legally created the country of Canada

* to be governed by a constitution

Indian Act

Gave Aboriginals special status

Pros

* entitled to land
* were given status
* acknowledges that the government has obligations to Aboriginals

Cons

* Ceremonies are outlawed
* Created by the government, Aboriginals want a say in their rights/establishing new legislation

Canadian Bill of rights

John Diefenbaker proposed the Bill which recognized a number of freedoms

Canadian Human rights act

first federal law against discrimination

government created 2 organizations to apply the act


1. Canadian Human Rights Commission

receives complaints and helps settle them
2. Canadian Human Rights Tribunal

acts like a court, hears evidence about complaints

The Constitution

Everyone must abide by the Charter

Amending Formula

History of the Human Rights Code

Ontario legislation and citizens lobbied for more human rights protection, this was the first province to introduce: Racial Discrimination Act, Fair Employment Practices Act, and Fair Accommodation Practices Act, together under the Human Rights Code

Discrimination

Discrimination is treating somebody badly because of their race, disability, sex or other personal characteristics.

Direct Discrimination

This type of discrimination means discriminating against someone because you think they are different from you. It includes practices or behaviours that have a negative effect of a person or a group of people who belong to a ground listed under the Code. It doesn't matter that you didn't intend to treat them differently. What matters is whether your actions or what you said results in discrimination.

Indirect Discrimination

certain demands or requirements that seem to be fair actually keep groups listed in the Code out, or gives them special treatment over others.

systematic Discrimination

Discrimination may be part of a larger issue, like how decisions are made, and the practices and policies, or the culture of the organization

Reprisal

taking action, or threatening to take action against someone who has a human rights complaint, or who is a witness to the discrimination, and is not allowed under the code.

Poisoned Environment

This can occur when comments or actions based on grounds listed in the code make you feel unwelcomed or uncomfortable at work.

Harassment

Harassment usually meets the following requirements:

* What was said or the behaviour usually happened more than once.
* The person responsible for the comment or conduct should have known that it is not welcome.

Racial Profiling

happens when you take action because you're worried about safety, for security reasons, or for the public's protection, and your decision is based on stereotypes about a person's race, colour, ethnicity, ancestry, religion or place of origin

Why are minority rights significant to a democracy

* guarantee equality under the law
* protection of basic freedoms

Vriend V. Alberta

* Vriend worked at a college as lab coordinator
* He had received no complaints about his job until he was fired for going against guidelines of the homosexual policy at the college
* The college found out he was gay
* Filed a complaint with the Human Rights Commission - told him he could not make a complaint under the IRPA because sexual orientation was not included in the list of protected grounds
* Applied to the Court of the Queens Bench for a hearing - the judge found several sections of the IRPA to be unconstitutional, told to “read in” sexual orientation
* Alberta Court of Appeal - Government appealed, 2-1 decision decided to reverse the first courts decision
* Lastly, Vriend applied to the Supreme Court of Canada - reversed decision from Alberta Court of Appeal
* Attorney general argued formal equality
* Needed to address substantive equality too

Systematic racism in Canada (article)

* resume whitening by altering listed names and putting hobbies that would be thought to be taken by a white person
* selected 2.5 more times for interviews
* Political standpoints: barely any people of ethnic origin: out of 443 parliamentarians, only 10 are black
* Income of black Canadians is 25% less than Canadians of not visible minorities

Court of Appeal

* highest level of court in the province
* one or three judges
* hears appeals

Court of Ontario

Superior Court of Justice

* more serious crimes civil cases, and charter of rights and freedoms

Ontario Court of Justice

* lower level, offences committed under provincial laws
* Youth court under Youth Criminal Justice Act (YCJA)

Divisional court

Part of the Superior Court of Justice

appeals and reviews of decisions by government, tribunals, and boards

Family Court

Part of the Superior Court of Justice

divorce, division of property, child protection, adoption, custody, and financial support

Information centres, supervised access centre, mediation services

Small Claims Court

Part of the Superior Court of Justice

civil actions for up to 25,000

Administrative boards and tribunals

* adjudicators (decision makers instead of judges)
* help disputes be resolved more quickly and cheaply

Children’s Rights

* 196 countries signing the Convention of the Rights of a Child
* still exclusion and predjuces regarding gender, class, poverty, disability

Political and Civil Rights

* violent coup brings about a state of emergency in Turkey
* Human rights were violated during this state of emergency, disbanded civil liberties such as freedom of association, press

Right to be Safe

* Landmines destructiveness cause prevention of human rights, right to education and to earn a living
* Convention on the Prohibition, Stockpiling, Production and Transfer of Antipersonnel landmines (Ottawa Convention, or Mine Ban Treaty)

Rights of people with disabilities

* convention on the rights of persons with disabilities

Rights of Imprisonment and Detention

* if you are in prison, it doesn’t mean you are guilty
* problems: secret detention, unfair trials
* Amnesty’s fair trial manual is a guide for international fair trial standards

Violence against indigenous women and girls

* many reports of missing and murdered Indigenous women
* 2 UN committees to address issues
* Committee: Elimination of Discrimination against Women and girls
* violation from police found in 2013
* advised Canada to make a national inquiry to address issues, Harper government rejected, Trudeau has decided to implement it
* 2015, 8 police officers were suspended because of the mistreatment of Indigenous women

Rights of Indigenous People’s

* 19th and 20th century, over 150,000 children put into residential schools
* The Truth and Reconciliation Committee, mandated opportunity for people to share their stories
* The UN endorsed this recommendation, but the Harper government rejected this
* government has ignored problems, such as: no clean water, housing, and education

Sex Work

* 2013, Supreme Court struck down previous restrictions
* parliament in 2014 passed the Protection of Communities and Exploited Person’s Act which prevents sex work (criminalizes)

Counterterrorisim

* Anti-Terrorisom Act, against freedoms of expression and association
* allows violations against privacy and procedural protections
* UN human rights committee warned the Act to be too violating

Mining Industry Abuses

* Human Rights Watch - documented that a mining company used forced labour (Vancouver)
* Plaintiffs claimed they were made to work against their will
* In 2011, Human Rights Watch documented gang rape abuses, the company decided to provide remedies for over 100 women affected
* UN Human Rights Committee ordered Canada to start implementing more regulation

Garment Industry Abuses

* In Cambodia, many workers have been exploited
* Human Rights Watch Report

Asylum Seekers and Migrant Workers

* bill C-31 - permits government to designate a group migrant workers as irregular arrivals
* UN urged Canada to refrain from this practice

ICC

International Criminal Court

What does the ICC do? Who do they convict?

prosecute justice of the worst crimes

individuals