Canada’s Charter of Rights and Freedoms Study Guide

Chapter 3 Study Guide: Canada’s Charter of Rights and Freedoms

Major Questions

  • What is the Charter of Rights and Freedoms?
  • What rights and freedoms are guaranteed in Canada?
  • How has the Charter of Rights and Freedoms affected the workplace?
  • What responsibilities do Canadian citizens have to uphold the Charter?
  • What are some examples of changes in Canadian society created by the Charter of Rights and Freedoms?

Key Vocabulary

  • Canadian Charter of Rights and Freedoms
  • Rights
  • Freedoms
  • Responsibilities
  • Constitution
  • Fundamental Freedoms
  • Democratic Rights
  • Mobility Rights
  • Legal Rights
  • Equality Rights
  • Suffrage
  • Internment
  • The Lord’s Day Act
  • No-Fly List
  • Ageism

What is the Charter of Rights and Freedoms?

  • The Charter is a document created in 1982 that became part of Canada’s Constitution.
    • The Constitution is the highest law in Canada; no other law can supersede the rules and regulations in the Constitution.
  • The Charter of Rights and Freedoms recognizes basic human rights granted to each person in Canada.
  • The Charter states that Canada can restrict certain rights if the restrictions are necessary to maintain Canada as a free and democratic society.
  • The right to vote, the right to run for public office, and the right to enter and leave the country freely are exclusive to Canadian citizens.
  • All other rights are given to ALL people on Canadian soil.

What Mistakes Did Canada Make in the Past About Human Rights?

  • Discusses how the Charter addresses past human rights issues through case studies.
Case Study 1: Equal Access to Health Care
  • Right Being Fought For: The Right to be free from discrimination based on disability.
  • A deaf woman in BC took her case to the Supreme Court of Canada after a hospital stay where no staff could communicate in sign language.
  • She argued discrimination due to her disability, endangering her health.
  • The Result: All hospital medical facilities must provide support for the blind and the deaf.
Case Study 2: The Lord’s Day Act
  • Right Being Fought For: Freedom of Religion.
  • Before 1982, stores in Canada were closed on Sundays due to Christian values.
  • After the Charter, a Calgary drug store intentionally opened on a Sunday, protesting laws based on Christian values.
  • The case went to the Supreme Court of Canada.
  • The Result: Stores can now be open on Sundays to accommodate diverse religious beliefs.
Case Study 3: The No Fly Act
  • Right Being Fought For: Right to be Innocent Until Proven Guilty, Mobility Rights.
  • Canada maintains a “no-fly” list of people suspected of terrorist activity or considered a ‘significant threat’ to an airplane.
  • Many Canadians protest this list because it is seemingly racist and because many innocent Canadians have ended up on the list, with no due cause.
  • The Result: The list is still allowed to exist, due to the importance of airport and airplane security for all citizens.
Case Study 4: Equal Rights in the Workplace
  • Right Being Fought For: Right to be free from discrimination based on gender.
  • A “gender gap” existed where women earned only 70 cents for each dollar earned by a man for equal work.
  • After the Charter, female workers lobbied for and were rewarded with higher pay, helping to close the gap.
  • The Result: Organizations are required by law to provide equal pay for equal work to male and female employees with similar qualifications.
Case Study 5: Ageism and the Right to Work
  • Right Being Fought For: Right to be free from discrimination based on age.
  • A mandatory retirement age of 65 existed in Canada.
  • Many people over 65, still able to work, fought this law, feeling it was discriminatory.
  • The Result: In most provinces, laws protect elderly workers; as long as you can perform your job, you can’t be forced to quit at age 65.

My Responsibilities, In Order to Uphold Charter Rights

RightsResponsibilities
The right to a fair trial if accused of a crimeThe responsibility to sit on a jury if asked
The right to free speechThe responsibility not to discriminate against others
The Right to VoteThe Responsibility to vote knowledgeably