Human Rights in Canada
In this unit, you will have an opportunity to explore human rights issues and legislation in Canada , including the Ontario Human Rights Code , the Canadian Human Rights Act , and the Canadian Charter of Rights and Freedoms .The activities in this unit will give you the opportunity to learn about the historical development of civil liberties and human rights in Canada . You will learn about different types of rights, various pieces of Canadian rights legislation, and you will have the opportunity to learn about a variety of cases in dealing with rights and freedoms in Canadian legal history.
You will have the opportunity to review what you learned about the development and importance of Constitutional law in Canada , and will gain greater understanding of the rights and responsibilities of individuals under the Canadian Charter of Rights and Freedoms . You will learn more about significant sections of the Charter , why they are important, and how they can influence legal issues and cases. You will also examine how rights may be limited or overruled according to the Charter of Rights and Freedoms . You will see how courts, particularly the Supreme Court of Canada, interpret Charter cases.
You will analyze conflicts involving minority and majority rights in Canada and will learn why it is difficult but important to balance minority and majority rights and what legal avenues are available for resolving these types of conflicts in Canada . Finally, this unit will allow you to analyze case studies, to work in groups and share information in creative ways, and to apply concepts and skills you learned in this unit of study on rights legislation in Canada .
You will have the opportunity to review what you learned about the development and importance of Constitutional law in Canada , and will gain greater understanding of the rights and responsibilities of individuals under the Canadian Charter of Rights and Freedoms . You will learn more about significant sections of the Charter , why they are important, and how they can influence legal issues and cases. You will also examine how rights may be limited or overruled according to the Charter of Rights and Freedoms . You will see how courts, particularly the Supreme Court of Canada, interpret Charter cases.
You will analyze conflicts involving minority and majority rights in Canada and will learn why it is difficult but important to balance minority and majority rights and what legal avenues are available for resolving these types of conflicts in Canada . Finally, this unit will allow you to analyze case studies, to work in groups and share information in creative ways, and to apply concepts and skills you learned in this unit of study on rights legislation in Canada .
Key Questions:
- What is a “right”?
- Why types of rights are there?
- Should rights be restricted?
- How did we develop the rights we now have?
- Where do we find our specific rights as Canadian citizens?
Canadian Constitutional Law
Not until the 1960's did specific human rights legislation become law in Canada. The 1960's saw virtually all the provinces in Canada pass their own human rights legislation. As well, the federal government enacted the Canadian Bill of Rights in 1960. This era of drafting, organizing, and implementing specific rights legislation reached an important point in 1982 with the inclusion of the Canadian Charter of Rights and Freedoms as part of our patriated constitution.
Speaking of the Constitution and rights, it is important for you to remember the division of powers in Canada. The provincial government has the authority to pass rights legislation pertaining to activities and agencies under its authority. The federal government has the same right with regard to federal agencies and powers. The Charter of Rights and Freedoms, as part of the Constitution Act, is part of the supreme law of Canada and applies to all levels of government
Speaking of the Constitution and rights, it is important for you to remember the division of powers in Canada. The provincial government has the authority to pass rights legislation pertaining to activities and agencies under its authority. The federal government has the same right with regard to federal agencies and powers. The Charter of Rights and Freedoms, as part of the Constitution Act, is part of the supreme law of Canada and applies to all levels of government
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Canadian Charter of Rights and Freedoms
The Charter basically sets out the rights and freedoms that we as Canadians feel are essential in a free and democratic society. As part of the constitution, it protects Canadians at all levels of government, so that they can seek redress in court if they feel that they are being treated unfairly by any government. Although the scope is comprehensive, the process of using the court system is expensive, and so we have typically seen Charter challenges being pursued by well-funded organizations, such as lobby groups with causes like the protection of the rights of persons with disabilities.
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Judicial Interpretation - FIDO ACTIVITY
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A FIDO analysis should be an original, thoughtful, well-written overview, and an analysis of the case. It should demonstrate your understanding of the case, as well as your application of legal concepts, theories, and terminology. If you choose at any time to use material from additional resources to support ideas in your analysis, you should properly cite your sources using the accepted course format.
FIDO stands for the following:
F = Facts
F = Facts
- What are the facts? (i.e. the undisputed details of the case)
- What is the dispute?
- What is being argued?
- What are the questions that need to be answered?
- What legal concepts are involved in these issues?
- Are there larger issues at stake?
- What did the court decide?
- What would you decide?
- If your decision is different from that of the court, explain your reasoning.
- When thinking about this case, what opinions do you have? (of the case, the issue(s), the court’s decision, the significance of the case)
- How could opinions or perspectives on this case vary? (Think about how the various philosophies of law from Activity #8 could apply.
Legal Issues/Key Cases
Using FIDO, you will present one of the selected cases to the class.
Majority and Minority Rights
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The Historical Development of Human Rights in Canada
Human rights are those rights that are considered essential for any human being in a society. Due to their importance, the state must take responsibility for their protection. One way of protecting human rights is through anti-discriminatory laws. Discrimination occurs when a person is treated unfairly for no valid reason. This is often due to prejudice, which is prematurely forming an opinion based on inadequate knowledge due to reasons that are not valid, such as racism or a stereotype. A stereotype is a characteristic that is observed in one member of a group and then attributed to the entire group. Human rights legislation prohibits discrimination and helps protect against it
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Case Study: Blainey v. Ontario Hockey Association (1986) – Equality Rights The Supreme Court of Canada ruled in favour of a young Justine Blainey who had argued that the prohibition against girls playing on boys hockey teams violated her s.15 equality rights.
Summary: http://en.wikipedia.org/wiki/Dr._Justine_Blainey-Broker#Blainey_v._Ontario_Hockey_Association Article: http://www.dynamicchiropractic.com/mpacms/dc/article.php?id=37380 |
Ontario Human Rights Commission
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Unit 2 Review
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Jeopardy
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