Human Rights

What are they and

how are they protected in Canada?
What are Human Rights?
❏ Basic Rights - Rights that are considered basic to life in any human society.
❏ Adequate food and shelter
❏ Protection from abuse

❏ Additional Rights
❏ Freedom of speech
❏ Freedom of thought
❏ Freedom of expression
❏ Freedom of religion
❏ Adequate health care
❏ Education
❏ Economic bondge
Global Movement for Human Rights
Born after World War II - How do we stop this from happening again?

Human atrocities such as the Stalin pogroms, Bangladesh liberation war,

Cambodian genocide, and Rwandan genocide have increased the UNs
commitment to protect the basic rights of all people regardless of where they live.

Human rights organizations such as Amnesty International have exposed child

labour issues, religious freedom violations, or freedom of speech issues.

Governments sometimes link trade with human rights issues. Eg. no trade unless
you fix some of your human rights violations
Universal Declaration of Human Rights
Proclaimed at the United Nations in December 10, 1948.

“All human beings are born free and equal in dignity and rights”

First document to recognize that all humans have rights and freedoms

Adopted unanimously by UN member states including Canada.

This means, if you feel Canada is not meeting its obligations to protect its citizens’
rights, you can appeal to the UN!!

Challenge: This is not law...it is merely accepted practice and holds moral weight.
The Canadian Bill of Rights
Created in 1960 under Diefenbaker

Recognized rights already held by Canadians

All laws COULD be overruled by Federal or Provincial bodies through acts of

parliament
Canadian Charter of Rights and Freedoms of 1982

❏ 1982 - Prime Minister Pierre Trudeau includes the charter in the constitution

❏ Protects the fundamental freedoms of Canadians and GUARANTEES their rights to:
❏ Democracy
❏ Mobility
❏ Equality
❏ Legal Representation
❏ Language

❏ All Canadians can challenge in court any law that conflicts with their human rights
Canada’s View on Human Rights
● Human rights describe how we instinctively expect to be treated as persons.
● Human rights define what we are all entitled to a life of equality, dignity, respect, and a life
free from discrimination.
● You do not have to earn your human rights. You are born with them. They are the same for
every person.
● Nobody can give them to you. But they can be taken away.
● Countries have human rights laws to make sure that people and governments are held
accountable if your human rights are not respected. In Canada, your human rights are
protected by provincial, territorial, federal and international laws.
Why is it important that the Charter is part of the constitution?

The Constitution is the supreme law of Canada. Generally speaking, 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.
Limitations to the charter
One person’s rights cannot take precedence over someone else’s

Reasonable Limits

‘The Canadian Charter of Rights and Freedoms guarantees the rights and
freedoms set out in it subject only to such reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic society.” Eg. Keegstra

The Notwithstanding Clause (section 33)

Some laws can be passed that may violate specific freedoms or rights in the
charter. This is because lawmakers are elected and justices are not. Lawmakers
were concerned they would have a weakened position.
Why would you need a notwithstanding clause?
Saskatchewan used the notwithstanding clause in 1986 after the Saskatchewan
Court of Appeal ruled the province’s back to work legislation violated freedom of
association.

Interestingly, the charter agreed with the province in that they had the right to
strike, and the right to gather, but collective bargaining is not a guaranteed right.

Only Quebec, Alberta, Saskatchewan, and Yukon have ever used the
notwithstanding clause.
Difference between Civil Rights and Human Rights
In simplest terms, the difference between a human and civil right is WHY you have them.

Human rights arise simply by being a human being.

Civil rights, on the other hand, arise only by virtue of a legal grant of that right, such as the rights
imparted on Canadian Citizens by the Canadian Charter of Rights and Freedoms.

❏ Civil rights can be thought of as the agreement between the nation, the state, and the individual
citizens that they govern.
Definitions of a Right and a Freedom
A right is a legal, moral, or social expectation that Canadians are entitled to from
the government.

A freedom is a right to live your life without interference from the government
unless you impinge on the freedoms of others.
The Charter - Fundamental Freedoms
These are freedoms from fear and persecution at the core of political civil liberties

Fundamental Freedoms are freedom of:

❏ freedom of conscience and religion

❏ freedom of thought, belief, opinion and expression, including freedom of the
press and other media of communication;
❏ freedom of peaceful assembly
❏ freedom of association.

These freedoms are subject to reasonable limits

Why are fundamental Freedoms important?
Canadians are free to:

❏ Create and express their ideas

❏ Gather to discuss them
❏ Communicate them widely to other people

This is important in a democracy as people should be free to discuss public policy, criticize government
and offer solutions to social problems.

Laws against pornography and hate propaganda are “limits on freedom of expression” because they
cause harm to individuals and groups

Media is an important way of communicating thoughts and ideas so there charter protects the rights of the
press and other media.
The Charter - Mobility Rights
Every citizen of Canada has the right to enter, remain in, and leave, Canada.

Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right:

○ to move to, and take up residence in, any province, and

○ to pursue work in any province.

Provinces have the right to create laws that

○ Are for the benefit of their citizens as long as they do not penalize newcomers to the province
○ Require a residency length to obtain publicly provided social services.

Provinces also can create laws where the object is to create greater job opportunities for those that are socially or
economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Why are mobility rights important?
Canadians have the right to move from province to province and they are free to enter Canada and leave Canada. But,
extradition laws place some limits on these rights. If a person in Canada faces criminal charges or punishment in another
country, they may be ordered to return to that country. However, if the death penalty is a sentance in the country of the
crime, a Canadian would be protected.

All Canadian citizens and permanent residents have the right to move to, and live in, any province or territory. They may
also look for work or set up a business there.

Provinces may decide to give social benefits, such as welfare, only to persons who have lived in the province for a certain
period of time. They may also pass employment laws that require workers to have the necessary qualifications to practice
their profession or trade.

A province that has an employment rate below the national average may create programs that favour its own residents.
The Charter - Legal Rights
Everyone has the right to life, liberty, and security of the person, and that right cannot be taken away
unless the principles of fundamental justice have been broken.

Everyone has the right to be secure against unreasonable search or seizure.

Everyone has the right not to be arbitrarily detained or imprisoned.

If you are arrested, you have the right to be informed why you’ve been arrested, obtain counsel, and go
before a judge to determine if your arrest is/was lawful

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Why are legal rights important?
These are rights that protect us in our dealings with the justice system. Individuals should be treated fairly, especially those
charged with a criminal offence.

The government must respect the basic principles of justice whenever it intrudes on those rights. Legal rights are important
in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost.

Canadians should expect the protection of a reasonable amount of privacy. Those who act on behalf of a government, (eg.
police officers) must carry out their duties in a fair and reasonable way. They must show a good reason to enter private
property or take things from others and in most cases, they must have a search warrant by a judge. On the other hand,
government inspectors may enter business premises without a warrant to check whether government regulations are being
observed.

There must be a good reason to take someone into custody or hold them. A police officer, for example, must have
reasonable grounds for detaining a person. However, courts have stated that laws allowing officers to stop drivers for breath
tests are reasonable and do not violate the Charter.
The Charter - Equality Rights
All Canadians are equal before and under the law and have the right to equal protection and benefit
without discrimination especially on the basis of

❏ race
❏ national or ethnic origin
❏ colour
❏ religion
❏ sex
❏ age or
❏ mental or physical disability

BUT if there is a law in place to favor certain disadvantaged groups, then those are allowed
Why are equality rights important?
Every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or
physical or mental disability – is to be considered equal. This means that governments must not
discriminate on any of these grounds in its laws or programs.

The purpose of this law is to protect equality that may not be set out clearly in it (eg. sexual orientation)
and it is to protect those groups who suffer social, political and legal disadvantage in society. (eg. equal
pay for women)

So although it protects equality, the Charter also allows for certain laws or programs that favour
disadvantaged individuals or groups. For example, programs aimed at improving employment
opportunities for women, Aboriginal peoples, visible minorities, or those with mental or physical disabilities
are allowed under equality rights.