CCRF

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. 

7 categories of CCRF

• Fundamental freedoms 

• Democratic rights 

• Language rights 

• Mobility rights 

• Minority language education rights 

• Legal rights 

• Equality rights 

Making the CCRF 

• It was enacted in 1982 

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

• Enhances the protections by increasing the extend of and amount of our rights and freedoms 

• Forms a part of the constitution making it hard for the future government to decrease or limit the current rights and freedoms we enjoy 

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 

British North America act 

• Enacted in 1867 

• “an act the union “An act for the union of Canada, Nova Scotia, and 

• New Brunswick, and the Government thereof; and the purposes connected therewith” 

• 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 

what does the charter do

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

Section one 

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

• Limits: 

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

  • The limit is “demonstrably justified in a free and democratic society” 

• Oaks test: what is reasonable and justified  

  • Objective 

  • Rational connection  

  • Minimal impairment 

  • Proportionality 

Section 33 – the notwithstanding clause 

•  Restricting rights and freedoms 

  • Justifying restricting rights, if the government can demonstrate that the restrictions are necessary to maintain Canada as a free and democratic society 

Right

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

  • Right to vote, right to freedom 

Freedom

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

Responsibility

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

Citizenship

being a citizen and fulfilling responsibilities

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

Amendments

change

Fundamental freedoms

• Freedom of expression  

  • Ability for individuals to freely express themselves 

  • Section 1 of the charter says that there can be reasonable limits on our rights and freedoms 

  • The limits include: 

  • Violence 

  • Threats of violence 

• 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 

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 

• 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  

Mobility rights

• being mobile, moving freely within the country 

• Right to remain and enter in Canada 

• Affect those moving to move to other provinces for employment  

• 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 

• They were concerned people would move to provinces to receive social services, increasing the tax burden on local residents

Legal rights

• Sections 7 – 14 

• Right to be secure against unreasonable search and seizure 

• Shown a judge, the judge determines if it is fair to receive a warrant to search property

• Police must have reasonable ground for searching you or your home, evidence unlawfully obtained may be excluded at trial 

• Right not to be arbitrarily detained or imprisoned. Must be held in custody on reasonable grounds and must be brought before a judge within 24 hour detention to decide if lawful 

• Right on arrest or detention to be informed promptly of the reason, consult council without delay and to be informed about the right 

• Right to a fair trial within a reasonable time (30 months) 

• Innocent until proven guilty. Must present evidence to an unbiased judge and jury in an open court. Accused does not have to prove anything or call any evidence 

• Has the right to be tried by judge or jury 

• Punishment for offense charged is over five years imprisonment. Guarantees right to be judged by peers, keeping the justice system in check with societies standards

• Has the right to not be compelled as a witness and remain silent when accused of a crime 

• Right not to be given a cruel/unfair treatment/punishment. Punishment fit with the crime, meeting with societies standards

Equality rights

• section 15 

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

• Every person is protected against discrimination based on their background

Prejudices

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

Stereotype

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

Discrimination

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

Privilege

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

Discrimination  

• Racist or hurtful name-calling 

• Leaving you out on purpose 

• Teasing or tasteless jokes 

• Treating you badly or unfairly 

• Physically violence 

• Not respecting your identity or beliefs 

Workplace discrimination – gender 

• Pay equity act – employer must pay women and men the same, “equal pay for equal work” 

• Employment equity act – employer must remove barriers to workplace for people of any background

Official language rights

• Either English or French may be used in parliament 

• All documents of parliament must be published in both languages 

• 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 

• Any federal or official buildings has to be available in French and English 

Minority Education Language Rights

• Section 23 

• Canadians have a right to education in French if: 

  • Their first language is French 

  • Received their own primary education in French 

  • They have a child already receiving education in French

Four pieces of legislation that protect workers

• Canadian Human rights act 

• Canada’s employment equity act 

• Federal contractors program 

• Canada labour code 

four parts of Canada Labour Code

• Industrial relations 

• Occupational health and safety 

• Standard hours, wages, vacations, and holidays 

• Monetary penalties 

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 

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 

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 

Monetary Penalties 

Finacial deterrent to non compliance to 

• Canada labour code 

• Related regulation 

Goal of penalty is  

• Encourage compliance  

• supplement to existing enforcement measures 

• Offer alternative to prosecution 

As apart of the compliance and enforcement process, the Labour program will encourage and support employers to be compliant with the code by  

• Education 

• Awareness 

In general, an AMP would only be issued  

• After voluntary compliance measures are exhausted 

• Non-compliance persists