STARTER TASK:What are some of the Human Rights that we discussed yesterday? What were your focus

areas?

●Learning Objective:

To explore what rights individual Canadians have.

"The Charter infuses everything. There hasn't been a single piece of law that has been passed that doesn't take the charter into

account. It's affected trials, it's affected the criminal system, it's affected the criminal code, abortion rights, equality rights, free

speech issues, freedom of association issues; it's had a very profound impact on our

national life. There can be no question about that."

- Bob Rae - Former Premier of Ontario (courtesy CBC News).

The Charter...

●Protects our rights and freedoms by placing limits on the ability of the government to pass laws or take any actions that may infringe on our rights.●All people in Canada must be treated equally regardless of their race, religion, sex, or age.●The Charter helps to create a balance between an individual's freedom and the power of the government.

●1982●Defines Canada's ethical expetations about how people living in the country should be treated and the quality of life they should have the opportunity to have.●100% guarentee?●Not all provinces signed! Applies to QC anyways.●Cannot be changed!

Meet the Clauses... Not these guys...

Limitations Clause

●Aside from popular belief, not a relative of Santa Claus.●Other laws can limit the Chrter as long as they are reasonable and justified.

Notwithstanding Clause

●Not to be confused with Santa Claus.●Allows provinces to temporarily override the Charter for up to 5 years.

Group Activity – Locker Searches

●Facts: Rajiv was offended by Harvey's "paki" jokes and claimed Harvey was a racist. Later, a fight developed after Harvey told another joke and called Rajiv a "dumb raghead." Rajiv punched Harvey three times, hard. The fight was broken up by teachers and both boys were suspended for three days. Harvey's father met with the principal and complained that he was afraid for his son's life - noting that Rajiv wore a kirpan. Students at the school were choosing sides, based partly on skin colour.

●The principal responded to the increasing tensions at school by searching student lockers where she suspected there might be weapons, alcohol, or drugs. Under the province's Education Act, the principal has a legal duty to maintain order and discipline in the school.

●PRIVACY & UNREASONABLE SEARCH AND SEIZURE - Suppose one of the students whose locker was searched complained that the locker search was against the law. Is it?Next ... Do you have the rights to be "secure against unreasonable search or seizure."

Debate

●1 Representative●Each team presents their main points●Each team will have the chance to defend after team convines.

FREEDOM OF EXPRESSION

●Rajiv claimed that he was being discriminated against because of his religion. He also claimed that Harvey's jokes were deliberately promoting hatred which, said Rajiv, was a crime. When teachers suggested that Harvey should stop telling his jokes, Harvey complained that his right to freedom of expression was being denied.

●"The reasonable expectation of privacy of a student in attendance at a school is certainly less than it would be in other circumstances.

●Students know that their teachers and other school authorities are responsible for providing a safe environment and maintaining order and discipline in the school. They must know that this may sometimes require searches of students and their personal effects and the seizure of prohibited items. It would not be reasonable for a student to expect to be free from such searches."

●The Education Act implied that searches were reasonable and authorized by law,

●a teacher or principal does not have to get a warrant to search a student if he or she has reasonable grounds (a good reason) to believe that a school rule has been or is being broken and if he or she has good reason to believe that evidence of the violation will be found in the location or on the person of the student searched.

● Reasonable grounds can be information received from just one student if the principal or teacher thinks that the student is credible.