Unit 2: Canadian and International Human Rights test review

CLU 4U1 Unit 2: Canadian and International Human Rights

Right

Right

Legal, moral, social claim people are entitled to from the government

Freedom

Right to live without interference from the government

limitations (sec 1) if interferes with public safety and the rights/freedoms of others

ex. freedom of thought, belief, and opinion section 2

Reasonable Limits Clause (sec 1)

Not all rights are absolute. Gov/courts can limit your rights if they restrict the rights/freedoms of others but must be reasonable

ex. mobility rights during pandemic

can limit charter under certain circumstances

Notwithstanding Clause (section 33)

If it’s in the public’s best interest, gov/supreme courts can change/make rules in the charter

they may violate other rights

for up to 5 years without legal explanation

reasons for discrimination

prejudice or steryotyping

Prejudice

preconceived opinion based on stereotypes or inadequate information

Stereotypes

Over simplified, standardized, fixed judgement/characterization of a group of people

Human rights

Attempt to ensure equal treatment

everyone is free from discrimination

equal access to services, opportunities, places

OHRC (Ontario human rights commission)

Administers & enforces Ontario Human Rights

Aim to keep everyone safe by eliminating discrimination

Constitution Act

2 different kinds idk which we need to know but there’s (1867) Constitution Act and (1982) Constitution Act

The Constitution Act, 1982 contains the Canadian Charter of Rights and Freedoms

amendment of the 1867 BNA

BNA Act (1867)

British legislation was brought to Canada in 1867 and renamed the Constitutional Act

in 1982 The Canada Act is passed by the British House of Commons

Charter of Rights and Freedoms

sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society

basic rules for how our country should operate

Universal Declaration of Human Rights

historic document which outlined the rights and freedoms everyone is entitled to

Was the first international agreement on the basic principles of human rights

Laid the foundation for the human rights protections

Meech Lake Accord

Quebec didn’t agree to the partition of the Constitution Act in 1981 so this accord recognizes Quebec as a “distinct society“

Indigenous people had no say in this but they disagreed with it

Charlottetown Accord

Dealt with constitutional issues like division of power in forestry, mining, cultural affairs

enhanced provincial power

changed supreme courts appointing process

goal was to obtain Quebec’s consent to the Constitution Act, 1982

indigenous people had a say this time

Statute of Westminster 1931

Canada is no longer subject to British laws

independence for Canada, Australia, New Zealand, Ireland, South Africa

Amending Formula

method for making changes to constitution: for Canada it no longer involves British Parliament since they are independent

Fully independent in all areas of law

Desmond Cole

idk bruh he’s a Canadian author

Accessibility for Ontarians with Disabilities Act, 2005

Goal of AODA is to develop a fully accessible Ontario by the year 2025

• 5 standards and some general requirements:

1. Customer service standard

2. Information and communication standard (closed caption, e-readers)

3. Employment standard (accommodate needs)

4. Transportation standard (buses can lower for wheelchairs, bus that comes and picks up in home)

5. Design of public spaces standard (make life easier for them in any way possible)

• Ontario made specific legislation setting a goal and time-frame for accessibility

• Also made changes so people with disabilities can participate more actively in their communities

Services, Goods and Facilities

one of the protected social areas in the charter

Employment

one of the protected social areas in the charter

Housing

one of the protected social areas in the charter

Contract

one of the protected social areas in the charter

Membership in Union

one of the protected social areas in the charter

“Call it Out”

interactive e-course by OHRComission that sets foundation to learn about race, discrimination, HR protection under code

Race

one of the protected grounds in the charter

social construct to group people

Racial Discrimination

It happens when any discrimination, conduct, or action, whether intentional or not, is based on a person’s race and has the effects of imposing burdens not imposed upon others

Legally prohibited

Ex. when someone acts on racist beliefs and attitudes in areas covered by the Code (employment, goods/services/facilities, contract, unions, and housing)

Discrimination Intersection

Violated/discriminated in 2 or + grounds

Happens when two or multiple grounds operate simultaneously and interact in an inseparable manner, producing distinct and specific forms of discrimination (2 of the 15 protected grounds)

Features of Racialization

Accents, speech, Hair texture, beliefs, diet, name, manner

Collective Rights

rights held by a group as a whole rather than individually by its members

Royal Proclamation (1763)

set out the core elements of the relationship between First Nations and the Crown

established the recognition of First Nation rights in Canada

and laid the foundation of the treaty-making process

Indian Act (1876)

The Indian Act was created to assimilate Indigenous peoples into mainstream society and contained policies intended to terminate the cultural, social, economic, and political distinctiveness of Indigenous peoples.

Land Claims

sometimes referred to as modern Treaties, arise when First Nations rights and title have not been dealt with by Treaty or through other legal means

The Skin I'm In

book written by desmond cole

systemic racism in canada

describes the struggle against racism in Canada during the year 2017, chronicling Cole's role as an anti-racist activist and the impact of systemic racism in Canadian society

Concept:

1. What is the Charter of Rights and Freedoms? Why is it such an important document in Canadian Law? What section is most important to you?

1. The charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.

2. It is such an important document in Canadian Law, because it sets the basic rules for how our country should operate.

Concept:

2. What are human rights? How do you define them?

1. The definition of human rights: attempt to ensure equal treatment, everyone free from discrimination & harassment, equal access to services, places, opportunities

2. The right to fair and equitable treatment is referred to as human rights;

   1. Human rights are the benefits and freedoms to which all people are entitled, not cuz they are citizens of a particular country but cuz they are human beings;

   2. Deals with access to such basic human needs like food and shelter, mutual respect

Concept:

3. How are Human Rights protected in Ontario? Canada? Internationally?

1. People who feel as though their Human Rights have been violated may file a complaint with a commission

   1. Ontario Human RIghts Commission (OHRC)

   2. Ontario Disability

2. Examples of where right could violated:

   1. Goods and services

   2. Schools  (teacher or principal)

   3. Restaurant

   4. Gym

   5. Housing

   6. Contract

   7. Employments

Concept:

4. Track the development of human rights throughout history. Uses? Abuses?

• Women given right to vote 1918

  • (only if had loved one family fighting in war)

• Japanese internment

• Residential schools

• Chinese head tax

  • racism, charged people who built railway charged money to stay, strict ban on enemy country immigrants

    • war measures act - internment camps

  • Jews boat turned away in Halifax (none is too many slogan)

  • turned away boat komagata maru Seek people

• Sterilisation act

  • Famous 5: womens to become considered persons case - eugenists (against people with physical/mental issues and wanted to sterilise them so they don't have children)

• Lgbtq

• violence/missing and murdered indigenous women

• Bill of rights (1960)

• Charter of rights and freedoms (1982)

Concept:

5. Should all rights be absolute? Why?

No, I do not believe all rights should be absolute. This is a very positivist point of view, saying that the “law is the law”. I do not believe that all laws should be absolute, as it says in the Reasonable limits clause in section 1 of the charter. If there is a right that violates or contradicts some other laws, I believe that they may also be right. I think that it is beneficial to not have all rights as absolute because it brings a way to consider morality and circumstance. Times are always changing, so circumstances may not be the same as they were when these laws were written.

Concept:

6. Outline the steps taken to patriate our constitution.

In 1982, Canada transferred the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms.

got this from google

Concept:

7. What are the 15 grounds of discrimination? How are they protected? What are the 5 Social Areas? Should there be more? Less? Recommended additions/ subtractions?

Concept:

8. What is OHRC? What is their role? Tribunal?

1. OHRC = Ontario Human Rights Commission

2. Deals with complaints made by people who feel as though their Human Rights have been violated; protecting human rights. (Ontario Human Rights Comission Administers & enforces Ontario Human Rights Aim to keep everyone safe by eliminating discrimination)

3. The Human Rights Tribunal (the “Tribunal”) hears evidence and decides whether or not discrimination occurred and what needs to be done to remedy the situation and prevent further discrimination. The Tribunal is independent from the Commission.

Concept:

9. How does the human rights complaint process work?

1. Making the complaint

2. Review by human rights commission

3. Mediation

4. Investigation

5. Conciliation

6. Case analysis

7. Commission decision

8. Reconsideration

9. Extension Procedure

10. The Human Rights Tribunal

Concept:

10. What is “Call it Out”? What did it teach you?

Concept:

11. Name and explain the Indigenous issues associated with human rights in Canada. Has Canada violated their human rights? Fulfilled their obligations?

1. 1876; Indian Act, revserves, residential schools, 60s scoop

2. Broken treaties, run down reserves lousy schools, no access to safe resources (food/water/housing)

3. Overrepresented in prisons and child welfare system

4. Underrepresented in higher education system

5. Currently no clean water and still experiencing difficulties on/off reserves

Concept:

12. What are the goals of the Universal Declaration of Human Rights? Has this document/ idea been successful? Are Human Rights Important?

1. Human rights are crucial for an equal, fair, just society. We need them to prevent being discriminated against just like the unfortunate events in Canada’s past. By enacting them we are also proving that we learned something from these events in Canada’s dark history. Some for example, included the Chinese Head Tax, Residential Schools, and the Sterilisation act.

2. The UDHR is a historic document that was the first ever agreement on the basic rights & freedoms everyone is entitled to. It also sets the basic foundations for many other laws and freedoms.

3. The creation of the Universal Declaration of Human Rights led to a better life for the majority of the world by inspiring other NGOs to devote themselves to helping protect human rights in countries all over the world. They also pressure governments into following them and ensuring equal and safe treatment. By establishing the Universal Declaration of Human Rights, many countries have changed their ways after signing like Japan and Columbia.

4. But as there are advantages, there are also disadvantages. This creation wasn’t as universal as people had hoped. There were no consequences for not following the rights, and some countries cannot comply with every single right in their current situation. Especially poverty stricken countries that do not have enough funding to guarantee every single human right. Like Brazil for example, with their police violence.

Concept:

13. Name and explain some current human rights violations/ issues that are taking place in the international community. What section in the UDHR should be used to protect them?

Police violence & extrajudicial killings, women lack equality, torture, xenophobia, child labour, slavery

1. Police violence in Brazil due to lack of funding. Article 5 in the UDHR should be used to protect them.

2. Child labour in underdeveloped countries like Bangladesh. Article 4 in the UDHR should be used to protect them

Protected social areas in the charter:

• Accommodation (housing)

• Contracts

• Employment

• Goods, services and facilities

• Membership in unions, trade or professional associations

Protected grounds in the charter:

• Age

• Ancestry, colour, race

• religion (?)

• Citizenship

• Ethnic origin

• Place of origin

• Creed

• Disability

• Family status

• Marital status (including single status)

• Gender identity, gender expression

• Receipt of public assistance (in housing only)

• Record of offences (in employment only)

• Sex

• Sexual orientation

Ontario Human Rights Code

The Code prohibits actions that discriminate against people based on a protected ground  in a protected social area.

*** DEFINITELY ON TEST: Are human rights important? How has the creation of the Universal Declaration of Human Rights led to a better life for the majority of the world?

6 mark short answer question

1. Benefits of UDHR:

   1. Inspiring groups like NGOs to fight for human rights and pressure governments to follow human rights code

   2. In order to sign and join other countries must follow and agree with UDHR

   3. Some countries change ways after signing like Japan & Columbia

2. Disadvantages to UDHR:

   1. Not as universal as hoped

   2. Difficult for poverty stricken countries to follow all UDHR laws

   3. No consequences for not following the rules

Remedy

Intended to place complainant in the same position they would have been if the discrimination had never occurred

3 types of a remedy

1. Financial Compensation

2. Non-financial Compensation

3. Public Interest Remedies

Financial Compensation

General Damages: Pain/suffering/dignity … can’t be calculated so the tribunal uses precedence and figures it out

Special Damages: compensation for $ you had to spend because of the discrimination that had occurred

Non-financial Compensation

Remedies to make it seem as if the discrimination hadn’t occurred

ex. employer returns job, fires the harasser, gives a good reference letter, promotion

Public Interest Remedies

Remedies to ensure discrimination doesn’t happen again

ex. new procedures, change the hiring practices, new complaint procedures, proactive measures, post hrc in workplace, donation to charity, educate & training programs

5 standards of AODA (accessibility ontarians disability act 2005)

1. Customer service standard

2. Information and communication standard (closed caption, e-readers)

3. Employment standard (accommodate needs)

4. Transportation standard (buses can lower for wheelchairs, bus that comes and picks up in home)

5. Design of public spaces standard (make life easier for them in any way possible)