Unit 3: Canadian Charter of Rights and Freedoms

Question 1

What is the Charter of Rights and Freedoms

Answer 1

• Part of Canada’s constitution, sets out the framework for how Canada should be governed
• Creates constitutional protections for individual rights and freedoms
• Allows Canadians to challenge in court laws that restrict their rights

Question 2

What Rights and Freedoms does the Charter provide to individuals (types)

Answer 2

Fundamental freedoms, Democratic rights, Mobility rights, Legal rights, Equality rights (Official languages and Minority Educational Rights)

Question 3

What are our Fundamental freedoms

Answer 3

Freedom of conscience, religion, peaceful assembly, association, thought belief, opinion, expression (press/media)

Question 4

What are our Democratic rights

Answer 4

Right to vote, elect a House of Commons member/Legislative assembly.
Limits the terms of House of Commons and Legislative members. (longer terms are allowed during war or other circumstances)

Question 5

What are our Mobility rights

Answer 5

• Right to move about and take up residence anywhere in Canada
• Can take up residence in any province and pursue a livelihood there
• (Canadian citizens have the right to enter, leave and remain in Canada)

Question 6

What are our Legal rights

Answer 6

right to life, liberty, security of person, protection from unreasonable search and seizure, arbitrarily detained or imprisoned.
The right to know why they are being detained, a counsel, to bail, be presumed innocent until proven guilty, tried at a reasonable time
Cruel and unusual punishment is not allowed, defendants have a right to an interpreter

Question 7

What are our Equality Rights

Answer 7

• protected from discrimination (equal protection under the law)
• cannot be discriminated against for race, nationality, ethnic origin, color, religion, sex, age, mental or physical disability

Question 8

What are our official languages

Answer 8

English and french. They both have equal status, rights and privileges. Any member of the public has the right to communicate and receive services in either language

Question 9

What are our Minority Educational Rights

Answer 9

Children can be educated in either language if

• their first language is french
• already receiving their education in French
• Their parents primary language is french

Question 10

What is the Indian Act

Answer 10

• passed in 1876, affected First Nations
• First Nations weren’t consulted
• required First Nations to get permission to wear traditional clothing, banned traditional ceremonies and prevented First Nations from taking political action (voting)

Question 11

The internment of Ukrainian Canadians

Answer 11

• In 1914, under the War Measures Act, more than 8000 people of Ukrainian and German descent were arrested
• Men, woman and families were sent to labor camps and forced to work as laborers without pay
• After the war, the government required many people to remain in the camps as laborers without pay
• In 2005, Canada’s parliament passed the Internment of Person of Ukrainian Origin Recognition act which acknowledges this event in Canada’s history. It calls for “a better public understanding of… the important role of the Canadian Charter of Rights and Freedoms in respect and promotion of the values of reflects and the rights and freedoms it guarantees.”

Question 12

The internment of Italian canadians

Answer 12

• During WWII, Canada used the War Measures Act to arrest people of Italian descent and send the to labor camps
• The arrests focused mostly on men, but families had no choice but to follow
• In 1990, Prime Minister Brian Mulroney apologizes to Canada’s Italian community for the internment

Question 13

The Internment of japanese candians

Answer 13

• One December 7, 1941, during WWII, Japan attacked pearl harbor. Canadians with japanese ancestry suddenly found themselves treated with suspicion or hatred
• In February 1942, Canada’s government decided to move all people of Japanese origin away from the West coast
• Under the War Measures Act, more than 20 000 men, women and children were forced to leave
• The government promised to safeguard their property, but in 1943 it sold off their businesses, homes and possessions
• In 1988, Canada’s government formally apologized to Japanese Canadians

Question 14

What is the Lord’s Day act

Answer 14

• made it illegal to open Canadian businesses to open on Sundays
• overturned in 1985, violation of Canadian’s fundamental right to conscience and religion

Question 15

What is the No Fly List

Answer 15

• In June 2007, Canada’s government banned certain people from traveling by air for security reasons as part of the Anti-Terrosism Act
• It is essentially a blacklist of people “reasonably suspected” by federal officials as immediate threats to the safety of aircraft, passengers or crew
• Some people oppose the list saying that make secretive use of personal information and profoundly impacts the rights of Canadians, including freedom of association and mobility rights

Question 16

Workplace with the Charter (two examples)

Answer 16

1. Equal pay for men and women
   - In 2001, 4 women and 5 labour unions used the government saying that they needed compensation for their unequal pay
   - court began hearing the case in 2003, Ontario payed the women $414 mil and it was settled out of court
2. Equal treatment for every age
   - In early 1990s, professor challenged the court over her forced retirement at 65
   - Supreme court disagreed since she signed a contract saying she would retire at 65

Question 17

Canadian women and Canadian elections Act

Answer 17

• Canada Election Act barred women from voting and running in federal elections until 1918
• Women started campaigning in 1876
• Emily Howard Stowe, Canadas first female doctor, founded a women suffrage group

Question 18

What does ban mean?

Answer 18

• officially or legally prohibit
• banning junk food ads to kids
• first nations traditional ceremonies were banned

Question 19

What are labour unions?

Answer 19

• an organization of workers that acts to protect workers’ rights and interests

Question 20

What is discrimination?

Answer 20

• the unjust or prejudicial treatment of different categories of people or things, especially because of race, age, or sex.
• The Charter entitles everyone to “equal protection and equal benefit of the law without discrimination”

Question 21

What is debate?

Answer 21

• argue about (a subject), especially in a formal manner

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Question 22

What are equality rights?

Answer 22

• Everyone is protected from discrimination and will have equal protection under the law
• They cannot be discriminated against due to race, national or ethnic origin, color, religion, sex, age, or mental or physical disability

Question 23

What is the War Measures Act

Answer 23

• allowed the government to take “Emergency Measures” during war times
• Allowed the government to go through with the internment of Ukrainian, Italian and Japanese Canadians

Question 24

What is Prejudice

Answer 24

• a preconceived opinion that isn’t based on reason or actual experience
• The notices informing the public of the internment of certain groups created a prejudice against them
• to avoid more of this, the government either gave an apology or gave a formal acknowledgment of it