Definitions Right: a legal, moral or social entitlement that

citizens can expect, mainly from the government Freedom: the right to conduct one’s affairs without

government interference Inalienable rights: rights and freedoms that every

person has and that cannot be surrendered Franchise: the right to vote. Entrenched: to protect something so that it can

only be changed by an amendment to the constitution.

Rights Denied Blacks: until 1833. Chinese: head taxes…early 1900’s Asians: denied entry…Komagata Maru Franchise: everyone except white

males.1918, 1920 Women: 1920…persons WWII: Germans, Japanese, Jews

Law in the Extreme 1928 Alberta passes Sterilization Act Are the “children” responsible for the “sins”

of their “parents”

Section 33…Not Withstanding Allows Federal and Provincial Governments

to pass legislation that limits rights that fall under section 2 and sections 7-15 of the Charter.

How old is enough At what age is a youth old enough to make

life or death decisions? Can’t drive alone at 16…decide treatment?

Freedom of Religion Section 1 Dissemination: spreading ideas widely Separation of Church and State…Nativities,

Sunday Shopping, life or death situations

Freedom of Thought and Expression

Section 1 Hate propaganda or obscene materials

Freedom of Peaceful Assembly and Association

Freedom of Peaceful Assembly allows persons to gather for peaceful purposes such as demonstrating against a government action or in support of a cause.

Freedom of Association allows people to join groups of their choice such as unions, political parties, etc

Con’t An assembly must be orderly and non-

violent and can be dispersed if it disturbs the peace “tumultuously” or causes fear in persons nearby.

Freedom of association is restricted in situations that would undermine discipline and security.

Freedom of Association Limited Young offenders: not to associate with

certain individuals Prison: association and assembly could

cause security/safety issues

Lavigne v. OPSEU He felt that his union dues violated his

freedom of expression and association The trial judge ruled that his rights of

association were violated because he was forced to contributed to organizations he disagreed with. However, his freedom of expression was not violated.

Con’t The Union was deemed a private

organization and beyond the reach of the charter.

No infringement on association as he was free to associate with whom he pleased.

Homework Page 93…Building your Understanding…

questions 1-4