The Rights and Freedoms of Canadians

Chapter 2 – The Rights and Freedoms of Canadians

Definitions of Freedoms and Rights

• Freedom: Considered as basic rights that are unrestrained by law.
  • Examples: Freedom of religion, freedom of communication.
• Right: Granted by legislation or regulation.
  • Examples: Right to vote, right to education, right to own property.
• Civil Rights: Rights believed to be inherent and universal, aiming to limit governmental powers to avoid infringement on individual freedoms.

Government Controls

• Mechanisms to safeguard against governmental infringement on freedoms, such as:
  • Freedom of the press and prevention of censorship.
  • Freedom of religion and prevention of enforced belief systems.

Human Rights

• Defined as universal rights applicable to individuals, significantly influencing relationships and attitudes (e.g., discrimination).
• Historically ingrained in Canadian society but legally recognized only in 1960 (Bill of Rights) and further strengthened in 1982 (Canadian Charter of Rights and Freedoms).
• The UN established the Universal Declaration of Human Rights in 1948 following WWII, advocating for ideal rights standards.
• The declaration's impact: increased governmental awareness of human rights needs.

Legislative Framework

• Bill of Rights (1960):
  • Introduced by John Diefenbaker, added fundamental freedoms, and specific rights such as:
  • Life, liberty, and security of the person
  • Freedom of religion, speech, and assembly
  • Right against arbitrary detention
  • Right to a fair hearing and legal counsel
• Canadian Charter of Rights and Freedoms (1982):
  • Incorporates and expands upon the rights in the Bill of Rights.
  • Requires strict amending formula for changes.
  • Any provincial law inconsistent with the Charter is voided.

Limitations and Restrictions on Rights

• Rights are not absolute and subject to regulations (e.g., censorship, court laws).
• Notwithstanding Clause (Section 33): Permits temporary enactment of laws inconsistent with the Charter for a maximum of five years if justified.
• Court's Role: Assess whether laws align with Charter intent; violations lead to necessary legal adjustments.

Specific Rights and Freedoms

• Freedom of Religion: Protected from infringement but can be limited if societal standards are violated (e.g., practices that jeopardize general safety).
• Freedom of Thought and Expression: Covers communication forms but can be restricted by hate speech or obscenity laws.
• Freedom of Peaceful Assembly and Association: Right to gather peacefully; restricted if causing disturbance or fear.
• Democratic Rights: Guarantees voting rights but includes age and mental capacity stipulations.
• Mobility Rights: Allows citizens to move across provinces; limitations exist for some immigrants.
• Legal Rights: Governed by the Criminal Code of Canada; include protections against discrimination.

Equality and Language Rights

• Equality Rights: Prohibit discriminatory practices by the government with a focus on equal treatment.
• Language Rights: Guarantee use of English and French in governmental affairs and education.
  • Minority language education rights allow provincial discretion in language education (e.g., Aboriginal languages).

Multiculturalism and Human Rights

• Multicultural Heritage Rights: Laws must respect Canada's multicultural nature.
• Justification of Infringements: Courts evaluate if infringements are reasonable based on Section 1 of the Charter.

Discrimination and Stereotyping

• Stereotyping: Generalization applied to an entire group based on single traits.
• Prejudice: Judgments based on assumptions about groups.
• Discrimination: Denial of rights based on stereotypes or prejudice, either intentionally or unintentionally.
  • Adverse Effect Discrimination: Unintentional, resulting in indirect harm to individuals.

Enforcement and Changes to Human Rights Legislation

• Jurisdiction: Both Federal and Provincial laws address discrimination.
  • Provincial Bills of Rights supplement protections not included in the Charter.
• Human Rights Enforcement: Aimed to restore status of discriminated individuals; includes a complaints process and potential compensation.
• Conciliation and Tribunal Process: Initial complaint leads to mediation, followed by tribunal if unresolved, often leading to restitution for rights violations.