CLU3M - Law

Unit 2 Dev. of Rights and Freedoms PP #1

Source: Gibson, Murphy, Jarman and Grant, . ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp3-6

Introduction

What does Canada have that many countries don’t?

Civil Rights (and freedoms) - limit the power that a government has over its citizens

Human Rights – protect people from being unfairly discriminated against by other individuals

Canadians can feel secure in almost all areas of their lives Canadians are free because laws are passed and enforced to protect

their rights and freedoms Wealth, gender, race, age, belief, family status … are not supposed

to determine how you are treated in Canada – equal under the law

Development of Human Rights and Freedoms

A Quick Rundown!

1215 – Magna Carta Limited the king’s power Only nobility received more

rights, not ordinary folk!

1689 – Glorious Revolution English Bill of Rights Monarchs promised to obey

the laws of Parliament and allow free elections

Only nobility and wealthy landowners could vote and control parliament, not ordinary folk!

Rights and Revolution 17th Century

Legal and moral thinkers of the Enlightenment gave way to western philosophy, proposing: humans have natural rights (life, liberty, and security) These rights exist independently of any rights or duties

created by ruler, government, Church or society

Those in power (monarchs, the Church, nobility) felt threatened by these ideas which spread rapidly throughout Europe

The American Revolution 17th Century

Thirteen Colonies fought for independence from Great Britain

British Parliament had passed laws favouring Britain and not the American colonies

Colonies had no representation in British Parliament

British ignored colonies’ demands and imposed new taxes

Americans protested violently “no taxation without representation” - 1775

The American Revolution continued

1776, American Congress issued the Declaration of Independence Written by Thomas Jefferson Proclaimed the existence of a

new country, the U.S.A. Britain responded by sending

more troops. Fighting continued until 1783

Last British troops driven out of New York (1783) signed the Treaty of Paris (U.S.A. was officially born!)

Thomas Jefferson

The American Revolution continued Constitution of the U.S.A was

made law in 1788. Written by wealthy powerful men Did not include a bill of rights –

the powerful elite feared giving rights to ordinary folk!

Feared “mob rule” (belief that ordinary folk could not be trusted to govern themselves

Criticism

1791 – 10 amendments (changes) were made to the Constitution – becoming the U.S. Bill of Rights

American Declaration of Independence (1776)- Exerts

We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights…. these are Life, Liberty, and the pursuit of Happiness

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.

For Discussion What are the major understandings contained in these excerts? Why was this document so revolutionary? As Canadians, do we accept these ideas today? If so, in what

ways

Discussion Questions Answers adapted from page 39

What are the major understandings contained in these excerpts?

Some of the major understandings concepts are equality; inalienable rights (rights that cannot be removed); protection of rights by a democratically elected government; and the right of the people to change or remove an oppressive government.

Why was this document so revolutionary?The American Declaration of Independence was revolutionary

because it included the principles outlined above. All of these ideas were new:

As Canadians, do we accept these ideas today? If so, in what ways

Discussion Questions Answers adapted from page 39

Why was this document so revolutionary?

The American Declaration of Independence was revolutionary because it included the principles outlined above. All of these ideas were new:

That all men were equal That all men had unalienable rights such as life, liberty, and the pursuit of

happiness That governments had power only through the consent of people That governments could be altered or abolished by the people

As Canadians, do we accept these ideas today? If so, in what ways

The American Revolution – Its Legacy

American Revolution inspired people throughout the world (France 1 year later!)

It was influenced by new ideas that were sweeping through western Europe

The powers of the Church and rulers were being challenged

Significant revolutionary idea: The rules governing people must be changed if they failed to protect the “natural rights” of citizens

The French Revolution 1789

French philosophes – published papers attacking the power of the King, Church and nobility

Wanted an end to feudalism

Success of the American Revolution (flow of ideas, stories and people) fed the growing demand for change in France

The French Revolution 1789 1789 – The French people

rose up and violent overthrew their rulers (monarchy, Church and nobility)

Thousands were killed

Privileges of feudalism and the Church were abolished

A National Assembly made of elected members (like a House of Commons) was established

Gave way the “Nation State” as we know it today.

The French Revolution 1789 (continued)

National Assembly passed the Declaration of the Rights of Man and the Citizen Guaranteed all French citizens their

basic freedoms and became the basis of future modern democracies

Student activity:Read page 40 of your text “The

Law, the Declaration of the Rights of Man and of the Citizen”, and answer questions 1-5 on page 41

Discussion Questions

1. What groups of people in French society would oppose the Declaration of the Rights of Man and of the Citizen? Which would approve? Why?

2. What is so revolutionary about this document?

3. According to the law passed by the National Assembly, where does all power lie?

4. Explain what is meant by the word “nation” in this document.

5. Compare the excerpts from the American Declaration of Independence (1776) with the Declaration of the Rights of Man and of the Citizen (1789). What similarities exist?

The French Revolution 1789 (continued) ANSWERS

Read page 40 of your text “The Law, the Declaration of the Rights of Man and of the Citizen”, and answer questions 1-5 on page 41

1.What groups of people in French society would oppose the Declaration of the Rights of Man and of the Citizen? Which would approve? Why?

The king, most nobles and higher church officials opposed the Declaration of the Rights of Man and of the Citizen because it threatened their powers. Middle and working –class people supported it because it gave them new powers and rights that they have never had before.

The French Revolution 1789 (continued) ANSWERS

Read page 40 of your text “The Law, the Declaration of the Rights of Man and of the Citizen”, and answer questions 1-5 on page 41

2. What is so revolutionary about this document?

This document was revolutionary because it recognized and stated the natural rights of ordinary people.

3. According to the law passed by the National Assembly, where does all power lie?

According to this law all power “…to make laws lies essentially in the Nation.”

The French Revolution 1789 (continued) ANSWERS

Read page 40 of your text “The Law, the Declaration of the Rights of Man and of the Citizen”, and answer questions 1-5 on page 41

4. Explain what is meant by the word “nation” in this document.

In this document “nation” refers to the people and their elected representatives.

The French Revolution 1789 (continued) ANSWERS

Read page 40 of your text “The Law, the Declaration of the Rights of Man and of the Citizen,” and answer questions 1-5 on page 41

5. Compare the excerpts from the American Declaration of Independence (1776) with the Declaration of the Rights of Man and of

the Citizen (1789). What similarities exist?

Are similar in the following principles:Men are equal and have certain inalienable (rights that cannot be removed) rights such as life and liberty.Governments receive their power from the peopleGovernments that are oppressive or do not follow the will of the people can be changes or abolished by the people.