Right, Right, you’re bloody well Right!
- Compared to other nations, Canadians have a strong history of fighting for rights and freedoms.
- Obtaining Rights & Freedoms has taken acts of
- Civil Disobedience
- Violent Resistance
- Lobbying
- Research
- Media Exposure
- Individual Patience
- and Growing Jurisprudence.
- Each citizen’s Rights and Freedoms come primarily from:
- The Canadian Human Rights Act, 1985
- The Federal and Provincial Human Rights Code (includes workplace - Employee Standards Act)
- The Charter of Rights and Freedoms, 1982
Rights and Freedom in Legislation
- There are also other various forms of legislation aimed at outlining, and securing, various rights and freedoms in Canada.
- Some of these include:
- Access to Information Act
- Canada Elections Act
- Canada Labor Code (Workplace)
- Privacy Act
Human Rights Organizations
- Rights Organizations attempt to shed light on various human rights issues.
NGO - Non-Government Organization
- Tend to be non-profit
- Support various human right causes
Examples
- Canadian Civil Liberties Association
- Amnesty International
- PEN Canada
- Black Lives Matter
- Canadian Partnership for International Justice
- Canadian Centre for Victims of Torture
- Canadian Council for Muslim Women
- Human Rights Watch
- Article 19
Power of NGOs
- Can go where governments can’t.
- Not bound by government restrictions.
- Can assist communities that the government can’t.
- Focus on specific issue.
- Bring awareness
- Bring a sense of community
- Provide protections from corporations
- Provide educations for citizens
- Provides resources for those involved
- Provides resources for teachers
- Consultation for the issue (i.e. mental health support, innocence project)
- Outlet to the government
- Keeps government in check
- Provides Legal Aid
- Fights for justice
- Raises money
- Holds people accountable.
How Did We Get Here?
Influences on Canadian Human Rights Development
The Cyrus Cylinder
From Ancient Persia
- In 539 B.C, the armies of Cyrus the Great (1st king of Ancient Persia) conquered the city of Babylon.
- He freed the slaves, declared all people had the right to choose their religion, and established racial equality.
- Recorded on a baked clay cylinder in the Akkadian language.
- Is recognized as the world’s first charter of human rights.
Great Britain - Road to the Bill of Rights
The Magna Carta
1215 AD First step to individual rights for the British subjects. Gave some political and civil rights to nobility.
Petition of Rights
1628 AD Freed citizens of taxation without parliament approval, habeas corpus, no martial law, and the government cannot use the army on subjects.
The English Bill of Rights
1689 AD Gave British Parliament power over the Monarchy and gave full political, civil, and legal rights of British subjects.
The USA
The American Declaration of Independence
Philadelphia, July 4, 1776.
- Gave 13 colonies in America independence from Britain (American Revolutionary War)
- Founders: Benjamin Franklin, Thomas Jefferson, John Adams.
- Recognized unalienable rights:
- Life
- Liberty
- Pursuit of Happiness
Bill of Rights
1791 AD
- Additional 10 amendments to the Constitution (part of the Declaration of Independence).
- Includes topics such as:
- Religion
- Arms
- Search & Seizure
- Self-Incrimination
- Habeas Corpus
- etc.
- There are currently 27 amendments.
France
Declaration of the Rights of Man
1789 AD
- Drafted by Marquis de Lafayette - Consulted with Thomas Jefferson.
- Marquis de Lafayette played a pretty big part in the American Revolutionary War.
- Response to enlightenment period. Less power to government and church, focus on the individual citizen.
- Came after hundreds of years of warfare, fighting for monarchs and rulers.
- Influenced by the doctrine of Natural Right, (Similar to Natural Law) the rights of man are held to be universal: valid all times, in every place.
- Became basis for a nation of free individuals protected equally under the law.
International Covenant on Civil and Political Rights
- A multilateral treaty that commits nations to respect the civil and political rights of individuals, including:
- The right to life
- Freedom of religion, speech, assembly.
- Electoral rights
- Rights to due process and a fair trial.
- Signed by 74 countries.
- Drafted in 1954, signatures started in 1966, and came in effect in 1976.
Canadian Human Rights History
The Canadian Bill of Rights
1960
- Developed in response to the United Nations Universal Declaration of Human Rights after WWII.
- Enacted by Parliament under PM John G. Diefenbaker.
- Recognized:
- Rights of individuals to life, liberty, personal security, and enjoyment of property.
- Freedom of religion, speech, assembly, and association.
- Freedom of the press.
- The right to counsel and the right to a fair hearing.
- Was still lacking property rights, and gave too much power to the courts.
Why the Charter?
- Pierre Elliot Trudeau wanted to protect and guarantee the individual rights and freedoms in the charter.
- Protected by Constitutional Law, which overrides by all other laws of the land.
- Judges cannot not override it with controversial statute law.
- Clarified how to override the charter in certain sections (Notwithstanding Clause)
Overview of the Charter
- 33 Sections and 1 Citation
- Does not guarantee your rights against other people, only in situations that involve the government, it’s agencies, or it’s employees.
- Section 1 explains how sections of the charter works.
Common Terms
- Infringement on rights or freedoms
- Limiting Access to rights or freedoms
- Demonstrably Justified in a democracy
- Reasonable Limitations placed in various scenarios.
- Uphold your rights or freedoms.
The Supreme Court of Canada
Sometimes known as “The Guardian of the Constitution”.
- Has 9 justices.
- Responsible for interpreting and enforcing the terms of the charter.
- Still is required to apply various rights relating to Due Process.
- Section 33, the Notwithstanding Clause allows the government to pass laws that violate the charter.
Charter Challenge
If a person believes that their charter rights have been infringed, they can challenge the government to determine if the case has merit.
- Was the right infringed or violated by the government or it’s agencies?
- Is the right in question covered under the Charter?
- Is the violation or infringement within a reasonable limit?