Chapter 5: The Canadian Charter Of Rights And Freedoms. Prime Minister John Diefenbaker and his Bill of Rights (60’s). The Famous Five.
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Prime Minister William Lyon Mackenzie King with guests of honour at the unveiling of a plaque commemorating the five Alberta women whose efforts resulted in the Persons Case, which established the rights of women to hold public office in Canada, June 11, 1938
–verb (used with object)
1. to place in a position of strength; establish firmly or solidly: safely entrenched behind undeniable facts.
1. settle, ensconce, set, implant, embed.
These freedoms can be held against actions of all levels of government (only) and are enforceable by the courts.
(not against the actions of people.)
The Charter is preceded by the Canadian Bill of Rights.
Bill of Rights introduced by the government of John Diefenbaker in 1960.
Pierre Elliot Trudeau (1919-2000)
Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from
April 1968 to June 1979,
and again from
March 1980 to June 1984.
Admirers praise the force of Trudeau's intellect and they salute his political acumen in preserving national unity against Quebec separatists, suppressing a violent revolt, and establishing the Charter of Rights and Freedoms within Canada's constitution.
His detractors accuse him of arrogance, economic mismanagement, and unduly favouring the authority of the federal government in relation to the provinces, especially in trying to control the oil wealth of the Prairies.
“The past is to be respected and acknowledged, but not worshipped; it is our future in which we will find our greatness.”
Enough about him…
This was because:
The courts- when confronted with violations of Charter rights:
(as stated in the Charter);
This really affected:
…and criticisms by opponents of
"It hastransformed the psyche of Canadians. This document [the Charter] is not just an external arrangement of rules by which we live, this is an attempt to transform who we are and who we actually feel and think we are. On the whole I think it has had that effect." — Political scientist Alan Cairns.
Ford v. Quebec
Struck down Quebec provincial legislation which prohibited English on outdoor advertising
“The Limitations clause”
The Charter has 34 sections
(each section describes different rights)
These 34 Sections are divided into 12 Categories (+a preamble):
The section is also known as the reasonable limits clause or limitations clause, as it allows the government to legally limit an individual's Charter rights.
Step 1- Found guilty of possession easy.
Step 2, He had to prove that he didn’t have it for trafficking purposes…
Violation of s.11d - “innocent until proven guilty”
Question: Is this violation ‘demonstrably justifiable
in our free and democratic society?’
Placing the limitation must be for the good of society.
1. Limitations clause
2. Fundamental freedoms:
conscience and religion
thought, belief, opinion & expression
press and other media
- sitting of Parliament, and prov. Legislatures, at least every 12 months
3-5: Democratic rights:
citizens right to vote and run for office
5 yr limit to life of H of C or prov. Assembly except during war etc. if supported by 2/3 vote
6. Mobility rights
1. to enter, remain, leave
2. to move within Can. and pursue livelihood, (subject to laws that don’t discriminate and residency provisions, and restrictions in provinces of high unemployment)
-life, liberty, security of person. (see next 3 slides)
s.8 (see 4th next slide)
-secure against unreasonable search and seizure.
-not be detained arbitrarily
s.10 (upon arrest)
-promptly informed of reason
-right to a lawyer
-right to be told about right to lawyer!
-right to ask judge to determine if arrest is valid, otherwise freed.
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Upon arrest, you have the right to:
Upon being charged with an offence you have the right to:
If convicted and served time, not to be tried again.
S.11 (upon being charged
A- Told specific offence charged with
B- Trial within reas. Time
C- Don’t have to testify at your own trial
D- Innocent till proven guilty
E- Right to reasonable bail
- Deaf or don’t speak the language? you have the right to an interpreter
- No cruel and unusual punishment
(on specified grounds as well as other grounds.)
‘Affirmative Action Programs’
So you ask…what are affirmative action programs?
And I tell you to open to pg.217
a) Admissibility of evidence
b) (Remedies) Allows judges strike down laws that violate the charter.
Can you explain how?