A legal , moral, or social entitlement due to all
people because they are human
beings.
The ability to conduct one’s affairs without being
hampered or frustrated.
QUOTESFreedom is anarchy.
Rights are freedoms expressed with responsibility
Rights are something you are entitled to. Freedom is being able to express your entitlements
THE GLOBAL MOVEMENTHuman rights became a global issue after WW II
UNIVERSAL DECLARATION OF HUMAN RIGHTS-backed by the UN after -“all human beings are born free & equal in
dignity & rights”.-Most countries have agreed to these principles.-Problem – the only power the UN has is
‘world attention.’-Not part of binding international law.
INTERNATIONAL COURTS AND TRIBUNALS1946 International Court of Justice (Both parties had to agree)2002 a more permanent International Criminal Court established.
USA, China & others opposed (internal courts sufficient)
World Abuses 1870-1996Canada’s Indian Act &
Residential Schools1900-69 Australia ‘Stolen Generation’1924-53 Stalin1939-45 Holocaust1948-94 Apartheid1959-? Chinese occupied Tibet1971-79 Dictatorship in Uganda1989 Tiananmen Square China1991-99 Civil War Sierra Leone1992-95 Bosnian War1994 Rwandan Genocide2004 Darfur genocide
Stalin’s Purges
Apartheid
Residential Schools
Protest in China
Rwandan Genocide
CANADIAN BILL OF RIGHTS – 1960 Formally recognized Can. Rights held by common law. Problem – ‘No teeth’ -> Could be changed like any other law. Did not override Fed. Or Prov. laws.
CANADIAN CHARTER OF RIGHTS & FREEDOM ‘The Bill of Rights with teeth’ -> Trudeau included in Constitution. Limiting The Charter –
Reasonable Limits (Keegstra’s teachings on Holocaust) Notwithstanding Clause – Fed. & Prov. Leg. have final say (Bill 101)
THE CHARTER IN ACTION Fundamental Freedoms
Conscience, religion, thought, belief, opinion, expression, assembly, & association.
Mobility Rights (Free movement) No extradition for death penalties, Effects of 9-11.
Equality Rights Race, origin, colour, religion, sex, age, disability. Exceptions – Affirmative action – protects minority rights & disadvantaged.
Legal Rights Arrest procedures, questioning, search & seizure.
Gurbaj SinghKirpan in
school issue
James KeegstraAlberta teacher
who taught hatred(Holocaust)
THE SUPREME COURT& THE RULE OF lAW
Delwin VriendSchool teacher firedfor being gay by a religious private,school in Alberta
Do airport scanners violate
your rights?
Other Issues Concert goers
AbortionPublic cameras
PregnacyRadar cameras Gay
Marriage,
TRUANT’S GOLDEN RULE – “Life, Liberty, & Security”
Diefenbaker
Trudeau
REASONABLE LIMITS CLAUSE
“Charter must be reasonable”The Oakes Test - Oakes had 8 vials of hash & $600. - Charged with trafficking; Onus was on him to prove innocence. - Supreme said small amounts is unreasonable for reverse onus. Violates “Presumption of Innocence”
“Life, Liberty, Security.”
Oakes possessed 8 vials of hash oil & $600 cash.
Trafficking??? Personal Use??? Innocence???
NOTWITHSTANDING CLAUSE
Provinces wanted an assurance to protect local issues.
Quebec - Bill 101 / 178French only signs / language
1928-72 Alberta Sterilization Program Klein tried used clause to protect provinces from civil suit based on previous gov’t. FAILED!!!!!
The Oakes Test1.Must be important2.Must be rational3.Limits must be as minimal as possible.4. Must fit societies objectives.
JURISDICTION & ENFORCEMENTJURISDICTION-Applies to all gov’t organizations
- Ex. Gov’t Branches, corporations, banks.-Private individuals will look to Fed. & Prov. Human Rights Codes
- Ex. Discrimination renting or hiring
ENFORCEMENT-People can challenge gov’t positions through the Supreme Court
- Charter is written in general terms so judges can interpret individual cases.- Questions to be asked by Supreme Courts:
1. Is the right covered by Charter? 2. Were these rights infringed upon by gov’t?3. Is the violation within reasonable limits?
EXAMPLE – Polygamy – Bountiful1. Freedom of Religion2. Arresting practicing members3. Under-aged (forced???) marriages
Video - Bountiful
CANADA’S HISTORICAL BLACK EYES
Slavery banned in 1833
Banning PotlatchIllegal to hire lawyers
1960 = Right to voteResidential Schools Chinese Head
Tax1900s
Komogata Maru1914
Women = Vote1918
Alberta Sexual
Sterilization
Act
PsychiatricHospitalPatients1928
Women notConsidered “Persons”
1929
WW IIWar Measures Act
Enemy Aliens (Deported, No land)Internment Camps Jews = No Land
SUE RODRIGUEZ (August 2, 1950 – February 12, 1994)
ADVOCATE FOR ASSISTED SUICIDE.
-lived in Victoria, British Columbia-diagnosed with amyotrophic lateral sclerosis (ALS) in early 1991. -fought to legalize assisted suicide; under the Criminal Code of Canada, - assisted suicide is punishable by a maximum sentence of 14 years in prison. -Her cause went to the Supreme Court of Canada, but lost. (5-4 against her.)-On September 30, 1993, she decided to take her own life with the help of an -Anonymous physician. -would become a landmark decision, Rodriguez v. British Columbia (Attorney General), - In 1994, she decided to take her own life with the help of an anonymous physician. -Svend Robinson, a New Democratic Party MP who had campaigned her cause, was also
present.
