SS9 3.1 Chapter 3_ Canada’s Charter of Rights and Freedoms with Examples

Chapter 3: Canada’s Charter of Rights and Freedoms

Introduction

  • This chapter examines the Canadian Charter of Rights and Freedoms and its role in protecting individual rights, shaping laws, and influencing workplaces.

  • Established in 1982 as part of the Constitution, the Charter ensures that all laws and government actions align with the principles of democracy, fairness, and equality.

  • Key questions explored include:

    • How does the Charter protect individual rights and freedoms?

    • How does the Charter influence governance and citizenship?

    • How does it affect the workplace?

Individual Rights and Freedoms in the Charter

  1. Fundamental Freedoms:

    • Protects freedom of expression, religion, peaceful assembly, and association.

    • Example: The Lord’s Day Act, which prohibited business operations on Sundays, was ruled unconstitutional by the Supreme Court in 1985, affirming freedom of religion and conscience.

  2. Democratic Rights:

    • Guarantee the right to vote in elections and run for public office.

    • Example: Women were excluded from voting before 1918, violating democratic principles later upheld by the Charter.

  3. Mobility Rights:

    • Allow Canadians to move, live, and work anywhere in the country and to enter or leave Canada freely.

    • Example: Ensures equal opportunities for employment and residence across provinces.

  4. Legal Rights:

    • Ensure fair treatment under the law, including the right to a fair trial and protection from arbitrary detention.

    • Example: The case of Robin Eldridge and Linda Warren highlighted how legal rights protect equitable access to services for the deaf.

  5. Equality Rights:

    • Protect individuals from discrimination based on race, gender, age, religion, or disability.

    • Example: The Pay Equity Challenge (2001) led to a $414 million settlement for equal pay for equivalent work, reinforcing gender equality.

Impact of the Charter

  1. On Law-Making:

    • Laws must comply with the Charter. Citizens can challenge laws infringing rights, with the judicial branch interpreting and striking down unjust laws.

    • Example: The No-Fly List introduced after 9/11 raised concerns about infringing mobility rights and freedom of association.

  2. On Citizenship and Identity:

    • The Charter promotes a sense of shared responsibility and inclusiveness in a diverse society.

    • Example: Organizations like Diversity and Students for Change enhance awareness of rights and freedoms outlined in the Charter.

Historical Context: Addressing Past Injustices

  1. Internment of Ukrainian Canadians (WWI):

    • Over 8,000 Ukrainian and German Canadians were detained under the War Measures Act with property confiscated.

    • Example: The Internment of Persons of Ukrainian Origin Recognition Act (2005) acknowledged this injustice.

  2. Internment of Japanese Canadians (WWII):

    • After the attack on Pearl Harbor, 20,000 Japanese Canadians were relocated and their property taken.

    • Example: A formal apology was issued in 1988, aligned with the Charter’s emphasis on justice.

  3. Women’s Right to Vote:

    • The Canada Elections Act barred women from voting until 1918.

    • Example: Activist Emily Howard Stowe's campaign for suffrage led to the rights now protected under the Charter.

Case Studies and Modern Challenges

  1. Breaking Communication Barriers:

    • Deaf Canadians argued that the lack of sign-language interpreters in healthcare violated equality rights, leading to Supreme Court ruling in their favor.

  2. Pay Equity:

    • The 2001 Ontario case demonstrated systemic gender pay gaps using the Charter to secure equal pay, resulting in reparations for women.

  3. Restrictions on Flying:

    • The No-Fly List debate involves balancing security needs with individual rights, with critics arguing for mobility rights.

Responsibilities Accompanying Rights

  • Rights come with civic duties, such as respecting electoral outcomes and engaging in democracy.

  • Example: The right to vote is linked to the responsibility to stay informed and participate in elections.

Conclusion

  • Canada’s Charter of Rights and Freedoms is central to Canadian democracy, ensuring fairness, inclusion, and accountability.

  • It plays a key role in addressing historical injustices and shaping modern governance, promoting a society where individual rights are upheld and respected.