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
| Rights | Responsibilities |
|---|
| The right to a fair trial if accused of a crime | The responsibility to sit on a jury if asked |
| The right to free speech | The responsibility not to discriminate against others |
| The Right to Vote | The Responsibility to vote knowledgeably |