THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS (CCRF)INTRO AND TASK… NOTES AND A SHORT ASSIGNMENT

YOUR CHARTER ASSIGNMENT IS ABOUT TO BE ISSUED!

• The Charter is part of the Canadian Constitution enacted under the Government of Prime Minister Pierre Trudeau.

• The Constitution is a set of laws containing the basic rules about how our country operates

• The Charter came into effect on April 17, 1982. It was part of a package of reforms contained in a law called theConstitution Act, 1982.

• The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.

RIGHT VS FREEDOM

• What is the difference between a right and a freedom?

• RIGHT: legal, moral, or social claim that people are entitled to, primarily from their government. Example – a person accused of committing an offence is entitled to a fair trial.

• A right is given by the government, and can be taken away by the government…examples??

• FREEDOM: freedom is a right – the right to live your life without interference from the government. Example – you have the right to seek employment anywhere in Canada.

• A fundamental freedom can not be taken away…true or false? Soooo…remember that Section 1 (Reasonable Limitations Clause) is the first section of the charter and your freedoms follow…

SOME OF THE RIGHTS AND FREEDOMS CONTAINED IN THE CHARTER ARE:

� freedom of expression

� the right to a democratic government

� the right to live and to seek employment anywhere in Canada

� legal rights of persons accused of crimes

� Aboriginal peoples' rights

� the right to equality, including the equality of men and women

� the right to use either of Canada's official languages

� the right of French and English minorities to an education in their language

� the protection of Canada's multicultural heritage

• The Constitution is the supreme law of Canada.

• All other laws must be consistent with the rules set out in the Constitution. If they are not, they may not be valid.

• Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. This makes the Charter the most important law we have in Canada.

• The Charter was preceded by the Canadian Bill of Rights, which was enacted in 1960.

• The Bill of Rights was only a federal statute, rather than a constitutional document - it was limited in scope, was easily changed by Parliament, and it had no application to provincial laws.

• The ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada.

• The movement for human rights and freedoms emerged after World War II - also wanted to adhere to the principles in the Universal Declaration of Human Rights.

• The Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights.

IN CLASS TASK: PAGE 598LOOK AT THE SECTION (BLACK #S)

• Select two charter rights/freedoms and give at least two reasons why they are important to you and one reasonwhy they are important to Canadian society.

Justify (provide examples/evidence)

• Hand your response in!!