INTRO TO RIGHTS AND FREEDOMS

Rights Freedoms

Definition Legal moral or entitlement in The ability to go about

society that cannot be taken your business without
away as the government is government interference,
responsible for ensuring that as they aren't allowed to
rights are followed. unduly limit freedoms.

Example Right to be presumed Freedom of speech.

innocent until proven guilty.

Carding ● Police unjustly stopping someone in the street and

asking them for their personal information or ID
● Form of racial discrimination rightfully normalized
in society

Systemic ● Racism embedded inside the Canadian ‘system’ and

Racism society
● Systematic exclusion/marginalization of people due
to there race

Oppression ● Long period of time where a group of people are

treated/controlled unjustly
● Prevention of people having equal freedoms and
opportunities

Colonization ● The taking over of an area of land from the group of

people indigenous to the area
● Appropriating the land of others for a country or an
individual’s use / gain

Privilege ● Special rights, advantages, or opportunities given

only to a specific demographic
● Advantages gained through birth, social status, or
other aspect of life
 CHARTER SECTIONS 1 & 33 & 2
Canadian Bill of Rights

● Response to abuse of human rights during WW1

● Recognition of many rights and freedoms
● Easily changed, only recognized under federal law & lacking equality

Canadian Charter of Rights and Freedoms

● Included in the constitution act

● Incorporated our rights
● Difficult to change
● Enforced by supreme court but written too broadly

Section 1: Reasonable Limits Clause

● Rights and freedoms can be limited depending on justification

● Oakes test (proportionality test)
1. Is the justification important enough to override rights?
2. Is the limit reasonably/logically connected to objective?
3. Is the limitation as small as possible?

Section 33: The Notwithstanding Clause

● Allows all levels of government to pass laws exempt from Section 2

● Lasts for 5 years before needing renewal
● Only applies to sections 2 and 7-15

Section 2: The Fundamental Freedoms

Freedom of Freedom of Freedom of Freedom of

Conscience and Expression Peaceful Association
Religion Assembly

● Right to not ● Right to ● Right to ● Right to

have believe come come
religious and think together together
viewpoints what you in groups with
overridden want and for mass like-minded
by others express it protests people
 CHARTER SECTIONS 3 → 7
Section 3-5: Democratic Rights

3: Right To Vote 4: Election 5: Parliament &

Legislative Assemblies

● Right to vote in ● Ability to elect a ● Parliament and

elections new federal and legislative
● Right to run for provincial assemblies must
office government meet at least once
● Limited by every 5 years per year
reasonable except under ● A chance for
criteria (age, specific elected members +
mental state, etc) circumstances public to discuss
(i.e. war) with government

Section 6: Mobility Rights

● Extradition: those accused can be sent to other countries to face trial

(unless death penalty is possible)
● Social services are restricted to those who live in a province for a
specific amount of time
● Programs related to unemployment favour permanent residents of
provinces

Section 7: Life, Liberty, and Security of the Person

Life Liberty Security

● Right to live free ● Free to choose ● Protection of

from torture and and act as you mental state of
execution (i.e. want (i.e. individual (i.e.
abortion/fetus COVID-19 medical assistance
rights) restrictions) in death)
 CHARTER SECTIONS 8 → 15
Section 8: ● Right to privacy of body, home/land, and details
Unreasonable about lifestyle
Search and ● Police need valid reason to search a person or
Seizure their home/belongings

Section 9: ● People cannot be arrested/held without evidence

Arbitrary of guilt
Detention or ● Prohibited for random unprovoked arrests to take
Imprisonment place

Section 10: ● People are allowed to know why they are being
Rights While arrested
Under Arrest or ● People have the right to a lawyer — if needed, one
Detention will be provided

Section 11: ● Right to be assumed innocent until proven guilty

Rights While ● Right to be tried within a reasonable amount of
Charged with a time
Criminal ● Right to not be forced to testify at own trial
Offence ● Right to trial by jury

Section 12: ● Government cannot treat/punish people harshly

Cruel and ● Considerations of gravity of the offence, personal
Unusual characteristics of the offender and the particular
Treatment or circumstances of the case
Punishment ● Ex: Solitary Confinement

Section 13: ● Evidence offered in court cannot be used against

Rights of witness
Witnesses in ● Anyone unable to understand the language must
Court have an interpreter

Section 15: Equality Rights

● Everyone is equal before/under the law

● Rights must be applied without discrimination (based on race,
gender, age, sex, religion, mental/physical ability, etc)
 HUMAN RIGHTS #1
Human Rights VS Charter Rights

● Protects individuals from ● Protects individuals from

unjust treatment by another unjust treatment by the
citizen or private organization government and agencies

Definition Example

Stereotype ● Fixed judgments of ● Women are

people based on emotional
thoughts

Prejudice ● Preconceived opinion of ● “Women are

people based on annoying-they're
feelings emotional”

Discrimination ● Unjust treatment of ● “I won't trust a

people through woman because
actions/words they exaggerate”

Systemic Discrimination

● Policies procedures, and institutional practices

● Histories of organizations
● Unwritten rules/social conventions founded in these histories

Canadian Human Rights Act

● Protects individuals from discrimination while employed

by/receiving services from the federal government
● First Nations governments/private companies that are regulated by
the federal government

Human Rights Codes

● AREAS: Goods+services+facilities, Contracts, Employment,

Accommodation, Membership in union
● GROUNDS: Race, ancestry, ethnic origins, religion/creed, disability,
sex, records of offenders, place of origin, citizenship, receipt of public
assistance, sexual orientation, colour, family status, marital status,
age, gender identity, gender expression
 HUMAN RIGHTS #2
● Individual alleging discrimination

Respondent ● Individual/organization complaint is against

Mediation ● Intervention between conflicting parties

Conciliation ● Resolution between conflicting parties

Remedy ● The ‘fix’ to prevent recurrence

Meeting Needs
Accommodate ● Eliminate/adjust requirements of someone to
accommodate to their restrictions

Undue ● The effects of a change would affect economic

Hardship viability of enterprise or introduce surpassing risks
Employment
Bona Fide ● Required qualification for employees for efficient
Occupational job performance
Requirement ● Ex: Pilot needs vision

Affirmative ● Offering advantages to those oppressed in the past

Action ● Ex: women being chosen over more qualified male

Reverse ● Reverse discrimination doesn't exist because it lacks

Discrimination the societal beliefs and institutional oppression

Constructive ● Employment policies restricting specific people

Discrimination from doing jobs (height limit for police)

Direct ● Overt act of discrimination

Discrimination ● Refusing employment unfairly due to demographic

Poisoned ● Persistent behaviour violating human rights

Environment ● Uncomfortable/disturbing atmosphere
● Harassment/sexual harassment

Human Rights are the minimum — taking a pill when you have a headache
Equity is the steps to prevention — Exercise, sleep, healthy eating, etc