Comprehensive Notes on Children's Rights, Indigenous Rights, and the Canadian Charter of Rights

Protected under Canadian and international law (e.g., UN Convention on the Rights of the Child).
Charter protections include:
- Section 15 (Equality Rights): protects from discrimination based on age.
- Section 7 (Life, liberty, security of the person): applicable in cases such as child welfare and education.
Children possess unique rights associated with development, care, and protection, illustrated by issues such as:
- Child labor laws.
- Access to education.
- Protection from abuse.

A grassroots movement initiated by Indigenous women in 2012, advocating against Bill C-45.
Focused on:
- Respecting treaty rights.
- Restoring land and water protections.
- Promoting Indigenous sovereignty.
Highlights ongoing Indigenous efforts to secure inherent rights through modern activism, supported by Section 25 and 35 of the Constitution (Aboriginal rights).

Definition: Discrimination appearing neutral but negatively affecting a protected group.
Example: A workplace policy banning head coverings may unintentionally discriminate against individuals wearing hijabs or turbans.
Section 15 safeguards against unintentional discrimination and is vital in areas such as employment, housing, and education.

Courts employ legal tests to determine if a rights violation is justifiable.
Oakes Test for Section 1 analysis examines two key questions:
- Is the law's goal "pressing and substantial"?
- Are the means used proportional (considering rational connection, minimal impairment, proportional effects)?
Other significant tests include:
- Andrews test: assesses equality under Section 15.
- Stinchcombe test: mandates full evidence disclosure during trials.

Historical immigration policies in Canada favored white European immigrants.
Racist laws excluded others, particularly targeting groups such as:
- Chinese
- Indian
- Black immigrants.
Tools of discrimination included:
- Continuous journey regulation (affected Indian immigrants).
- Chinese Head Tax.
Contemporary immigration policies are generally more inclusive, yet past injustices still affect communities today.

A discriminatory fee applied to Chinese immigrants from 1885 to 1923.
Initial fee was $50, later raised to $500 to curb Chinese immigration after their contributions in building the Canadian Pacific Railway.
Eventually replaced by the Chinese Exclusion Act from 1923 to 1947.
In 2006, an official apology and redress was issued by Prime Minister Stephen Harper, underscoring Canada’s historical racist immigration policies.

Enacted in 1876 and remains partially in effect today.
Allowed the federal government authority over:
- Band governance.
- Education.
- Status determination.
- Land reserves.
Criticized for its paternalistic approach and colonial implications, contradicting rights of self-determination and cultural expression.
Modern Indigenous movements, like Idle No More, challenge aspects of the Indian Act.

The process of embedding rights within the Constitution, making their alteration difficult.
Rights within the Charter of Rights and Freedoms (1982) are entrenched, providing stronger protection compared to previous laws (e.g., 1960 Bill of Rights).

States that rights are not absolute and can be limited if justified in a free and democratic society.
The government must demonstrate the necessity of such limits using the Oakes Test.
Particularly applies to:
- Freedom of expression (Section 2b).
- Legal rights (Section 7).
- Equality rights (Section 15).

R v Stinchcombe (1991):
- Supreme Court mandated complete disclosure of relevant evidence to the defense.
- Reinforced the necessity for procedural fairness in legal proceedings.
- Non-disclosure risks wrongful convictions.
Burns Case (United States v. Burns, 2001):
- Canadian citizens faced potential extradition to the U.S. and possible death penalty.
- Court decision insight that Canada cannot extradite without guarantees against the death penalty, reinforcing commitment to human rights.
Suffrage Required Rights:
- Discussion on the right to vote in democratic elections, historically denied to:
  - Women (achieved federally in 1918).
  - Indigenous peoples (until 1960).
  - Racial minorities.
- Currently safeguarded under Section 3 of the Charter.
R v Keegstra (1990):
- A high school teacher advocating anti-Semitic views was charged under hate speech laws.
- Court concluded that while it breached Section 2b, the restriction was permissible under Section 1.
Andrews v. Law Society of British Columbia (1989):
- Non-citizen denied right to practice law; court ruled this violated Section 15.
- Established that the equality analysis should focus on impact rather than intent.
R v Oakes (1986):
- Established the Oakes Test to assess justification for restricting rights and reinforced the presumption of innocence in legal proceedings.

Accessibility for Ontarians with Disabilities Act (2005):
- Aims for full accessibility by 2025 across various sectors (business and public).
- Supports compliance with Section 15 regarding discrimination protections.

Courts possess various remedies when Charter rights are infringed, including:
- Striking down unconstitutional laws.
- Ordering retrials or staying proceedings.
- Awarding damages.

Balances individual rights with societal needs, ensuring rights are not unlimited; exemplified in the Keegstra case concerning hate speech.

Prevents government power misuse by setting a stringent standard for rights limitations under Section 1, safeguarding the fair trial, expression, and equality.

A military coup that resulted in widespread arrests highlights the risks of lacking robust rights protections akin to the Canadian Charter.

Indigenous peoples, Chinese Canadians, women, disabled individuals, and LGBTQ+ communities have faced systemic discrimination.
Courts are integral in promoting progress and protecting rights by interpreting and enforcing laws effectively.

Pre-1948: Common law with limited protections.
1948: Adoption of UN Declaration of Human Rights.
1960: Introduction of Bill of Rights, limited by federal law.
1982: The entrenchment of the Charter of Rights and Freedoms.
Ongoing: Continued expansion of rights through court cases and legislation (e.g., AODA, Andrews, Burns).

Judges interpret and enforce the Charter, possessing the power to nullify laws or compel government modifications. The debate exists on whether this endows undue power to judges (judicial activism) versus protecting democratic principles.