Should the government be able to tell Should the government be able to tell you what to wear?you what to wear?

The Charter of Rights and The Charter of Rights and FreedomsFreedoms is entrenched in the is entrenched in the Constitution. The Charter protects Constitution. The Charter protects citizens from the government. citizens from the government.

Mostafa Azizi, Toronto-based Mostafa Azizi, Toronto-based filmmaker, held in Iranian prisonfilmmaker, held in Iranian prison

Charged with insulting Iran's Charged with insulting Iran's supreme leadersupreme leader

A Moroccan teen committed suicide after being forced to marry her rapist.

Rights and Freedoms under the Charter

1. Fundamental Freedoms (Section 2) 2. Democratic Rights (Sections 3-5) 3. Mobility Rights (Section 6) 4. Legal Rights (Sections 7-17) 5. Equality Rights (Section 15) 6. Language Rights (Sections 16 -23)

Fundamental Freedoms (Section 2)

1. Conscience and religion

2. Thought, belief, opinion, and expression (including freedom of the press)

Re-education in China 3min No Trial http://www.youtube.com/watch?v=jJVs6SHZLgc&feature=PlayList&p=AF5C65C056BC63A3&index=31

3. Peaceful assembly

4. Freedom of association

Democratic Rights (Sections 3-5)

1. The right of every citizen to vote in federal and provincial elections

2. The right to run for public office

3. No more than five years may elapse between general elections

4. “In time of real or apprehended war, invasion, or insurrection,” a two-thirds vote can continue

the life of the House of Commons beyond five years

5. Legislature must have a sitting at least once every twelve-month period

Mobility Rights (Section 6)

1. Every citizen has the right to enter, remain in, and leave Canada

2. Every citizen (who has permanent residence) has the right to move to and pursue a livelihood

in any province

Legal Rights (Sections 7-14)

1. The right to life, liberty, and security of person (except when the deprivation of these rights is done in accordance with the principles of fundamental justice)

Midnight Expresshttp://www.youtube.com/watch?v=Cv53d3bZvJg&p=944EE953323C4E13&playnext=1&index=28

2. Security against unreasonable search and seizure

You can refuse a search without a You can refuse a search without a warrantwarrant

What if you have a party?What if you have a party?

Can the police search the house?Can the police search the house?

Can you refuse?Can you refuse?

3. No arbitrary detention or imprisonment

4. To be informed promptly for the reasons for any arrest or detention

5. Retain and instruct counsel on arrest

6. Trial within a reasonable time by an impartial tribunal

7. The presumption of innocence

8. No self-incrimination

9. No cruel and unusual punishment

" During the last year of her life Ashley was shipped across four provinces and between eight institutions ... all the while in segregation. "Her location changed, but the callous treatment of her most basic needs did not. When she asked for help, she was ignored. "

10. The right to a court-appointed interpreter

Equality Rights (Section 15)Free from discrimination

including:

1. Equal treatment before and under the law

2. Equal benefit and protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability (or on any grounds that is analogous)

3. Subsection (2) explicitly states that section 15 does not preclude affirmative action programs that has as their object the amelioration of conditions of disadvantaged individuals or groups

Language Rights (Sections 16-23)

English and French are the official languages of the federal government

The right of the public to communicate with the Gov’t in French or English

The right to French or English Education

Section 32 The Charter only applies to the

relations between government and persons.

The Charter also does not apply to relations between private individuals, such as relations between employee and employer or husband and wife.

Human rights codes and the common law

regulate these relationships.

Section 24Section 24

Evidence collected through a Evidence collected through a violation of Charter Rights will be violation of Charter Rights will be disallowed if it brings the disallowed if it brings the administration of justice into administration of justice into disreputedisrepute

Section 33Section 33

Gives the Government the temporary Gives the Government the temporary authority to override sections 2 and 7 authority to override sections 2 and 7 – 15 of the charter.– 15 of the charter.

Bill 101 Bill 101

& Ford v. Quebec& Ford v. Quebec

Section 1Section 1Section 1 states that the rights and

freedoms guaranteed by the Charter may be subject to “reasonable limits” that can be “demonstrably justified in a free and democratic society.”

In other words, the rights and freedoms under the Charter can be violated if the violation is reasonable and justifiable.

The Supreme Court of Canada created the Oakes test for determining whether a violation is reasonable and justifiable.

1. Sufficient ImportanceThe government must show that its

objective is sufficiently important to warrant a violation of a right or freedom

Alcohol suspected in high-speed crash that killed 3

Proportionality

The government must prove that the violation of the right or freedom is proportionate to its objective.

Parliament proposes a curfew for Parliament proposes a curfew for women to prevent sexual assaultswomen to prevent sexual assaults

`But it's the men who are attacking the women. If there's to be a curfew, let the men stay home, not the women.' "- Golda Meir (Israeli Prime Minister 1948)

2. Rational ConnectionThe violation must be rationally

connected to the objective (it must be necessary to achieve the government’s objective)

Taking away an inmates right to votecould not be seen as a rational connection

3. Minimal ImpairmentThe violation must minimally impair

the right or freedom (the government did not go overboard in achieving its

objective)

R.I.D.E. is a very brief stop

4. The more severe the rights 4. The more severe the rights limitation the more important the limitation the more important the objective must beobjective must be

Terrorism vs

Detriments versus BenefitsThe detriments of the violation must

not outweigh its benefits (the solution must not be worse than the

problem)Most Canadian ant-terror laws were quashed because the infringements on legal rights were far worse than any benefits made to prevent terrorism.