Term: Black Codes, anti-Term: Black Codes, anti-MisegenationMisegenation

These were laws passed to limit the civil These were laws passed to limit the civil rights of African Americans at the State rights of African Americans at the State level.level.

Many states forbid African Americans from Many states forbid African Americans from entering the state.entering the state.

Anti-miscegenation lawsAnti-miscegenation laws forbid marriage forbid marriage between Whites and any other races.between Whites and any other races.

Black Codes continuedBlack Codes continued

After freedom was granted to slaves some After freedom was granted to slaves some states declared them as states declared them as FreedmenFreedmen..

This meant they were not citizens and This meant they were not citizens and would have to apply to become one.would have to apply to become one.

They were treated as second class They were treated as second class immigrants and denied voting rightsimmigrants and denied voting rights

Jim Crow LawsJim Crow Laws

Jim Crow LawsJim Crow Laws

Once things settled down, the southern Once things settled down, the southern parliament enacted a policy of Separate parliament enacted a policy of Separate but Equal.but Equal.

Separation was ok as long as there was Separation was ok as long as there was equal facilities.equal facilities.

Jim CrowJim Crow

Some examples of Jim Crow laws are the Some examples of Jim Crow laws are the segregation of segregation of

public schools, public schools,

public placespublic places

public transportationpublic transportation

restrooms restrooms

restaurants for whites and African restaurants for whites and African Americans. Americans.

Early LifeEarly Life

In 1954, Martin Luther King becomes a In 1954, Martin Luther King becomes a Pastor at the Baptist church in Pastor at the Baptist church in Montgomery, Alabama.Montgomery, Alabama.

He also heads a committee to promote He also heads a committee to promote African American rights and to look into African American rights and to look into arrests, the SCLC. arrests, the SCLC.

Montgomery Bus BoycottMontgomery Bus Boycott

March 1955 – Claudette ColvinMarch 1955 – Claudette Colvin

December 1955 – Rosa Parks refuses to December 1955 – Rosa Parks refuses to take a seat at the back of the bus.take a seat at the back of the bus.

Results in arrest.Results in arrest.

Montgomery Bus BoycottMontgomery Bus Boycott

King was arrested and chose to spend two King was arrested and chose to spend two weeks in Jail.weeks in Jail.

This brought national awareness to the This brought national awareness to the Boycott.Boycott.

““I was proud of my crime. It was the crime I was proud of my crime. It was the crime of joining my people in a nonviolent protest of joining my people in a nonviolent protest against injustice.” against injustice.”

Montgomery Bus BoycottMontgomery Bus Boycott

Martin Luther King organizes a boycott Martin Luther King organizes a boycott which lasts a year.which lasts a year.

Bus company lost huge revenues as Bus company lost huge revenues as majority of riders were African American.majority of riders were African American.

Takes the Parks case to Supreme Court Takes the Parks case to Supreme Court where it is ruled that the Alabama law is where it is ruled that the Alabama law is unconstitutional.unconstitutional.

Montgomery Bus BoycottMontgomery Bus Boycott

In the end, African In the end, African Americans won the Americans won the right to sit anywhere right to sit anywhere on public transit.on public transit.

Boycott ended on Dec Boycott ended on Dec 20, 1956.20, 1956.

Martin Luther King Jr. Martin Luther King Jr. became a national became a national herohero..

Voting RightsVoting Rights

In 1961, of the 15000 African Americans in In 1961, of the 15000 African Americans in Dallas county only 130 were registered to Dallas county only 130 were registered to vote.vote.

This was achieved through literacy tests, This was achieved through literacy tests, threats of violence from the Ku Klux Klan.threats of violence from the Ku Klux Klan.

Martin Luther King arrived and organised a Martin Luther King arrived and organised a March from Selma to Montgomery(54kms)March from Selma to Montgomery(54kms)

First MarchFirst March

Moved 6 blocks and was met with police.Moved 6 blocks and was met with police.

Police used clubs, whips, and tear gas.Police used clubs, whips, and tear gas.

National Papers were filled with pictures National Papers were filled with pictures on victimised women and childrenon victimised women and children

Seventeen marchers were hospitalized, Seventeen marchers were hospitalized, leading to the naming of the day Bloody leading to the naming of the day Bloody Sunday. Sunday.

Second MarchSecond March

MLK tried to get court approval and MLK tried to get court approval and protection from the state to march, but was protection from the state to march, but was denied.denied.Instead, service held on Instead, service held on Edmund Pettus Edmund Pettus Bridge, 2500 peopleBridge, 2500 peopleTwo white Ministers joined the march and Two white Ministers joined the march and were beaten in the night, the nearest were beaten in the night, the nearest hospital would not treat them.hospital would not treat them.One Reverend, Rev Reeb, DiedOne Reverend, Rev Reeb, Died

Third MarchThird March

After Rev. Reeb passed, a 3After Rev. Reeb passed, a 3rdrd march is march is organised.organised.

JFK ordered army, and FBI to protect the JFK ordered army, and FBI to protect the Marchers.Marchers.

March was a success and King gave the March was a success and King gave the speech “speech “How Long, Not LongHow Long, Not Long””

Voting RightsVoting Rights

As a result, awareness for voting rights As a result, awareness for voting rights were promoted.were promoted.

The President, John F. Kennedy drafted The President, John F. Kennedy drafted the Civil Rights Act to prohibit voter the Civil Rights Act to prohibit voter discrimination.discrimination.

Term: Birmingham, AlabamaTerm: Birmingham, AlabamaProtests against Jim Crow LawsProtests against Jim Crow Laws

Most highly segregated city in the U.SMost highly segregated city in the U.S

African Americans could not have jobs that African Americans could not have jobs that involved contact with whites.involved contact with whites.

To protest, a To protest, a boycottboycott of those stores was of those stores was enacted and enacted and sit inssit ins were used to disrupt were used to disrupt business.business.

Birmingham, AlabamaBirmingham, AlabamaProtests Against Jim Crow LawsProtests Against Jim Crow Laws

Controversial use of children in protests.Controversial use of children in protests.

Head of Police, Head of Police, Eugene “the bull” Eugene “the bull” ConnorConnor, orders use of fire hoses and dogs , orders use of fire hoses and dogs to quell protesters, including children.to quell protesters, including children.

"The Civil Rights movement should thank "The Civil Rights movement should thank God for Bull Connor. He's helped it as God for Bull Connor. He's helped it as much as Abraham Lincoln." JFKmuch as Abraham Lincoln." JFK

BirminghamBirminghamProtest Against Jim CrowProtest Against Jim Crow

To gather more attention for the To gather more attention for the movement, Martin Luther King led a March movement, Martin Luther King led a March on Good Friday and was also arrested.on Good Friday and was also arrested.

After pressure from the media and the After pressure from the media and the president, JFK, King was released.president, JFK, King was released.

Jim Crow Law SignsJim Crow Law Signs

As a result on May 8As a result on May 8thth, businesses were , businesses were forced to discontinue segregation policies forced to discontinue segregation policies and and Jim Crow laws signsJim Crow laws signs..

Proposed Civil Rights ActProposed Civil Rights Act

President Kennedy drafted a bill to give full President Kennedy drafted a bill to give full voting privileges to African Americans.voting privileges to African Americans.

It also outlawed discrimination in all It also outlawed discrimination in all facilities that served the public including facilities that served the public including hotels, restaurants, schools, and hospitals.hotels, restaurants, schools, and hospitals.

Term: March on WashingtonTerm: March on Washington

On August 28On August 28thth 1963, 250,000 protestors 1963, 250,000 protestors converged on Washington D.Cconverged on Washington D.C

They wanted to ensure that Kennedy's They wanted to ensure that Kennedy's new civil rights act was passed after his new civil rights act was passed after his assassination.assassination.

March on WashingtonMarch on Washington

Martin Luther King delivered the “I have a Martin Luther King delivered the “I have a Dream Speech.”Dream Speech.”

Speech of March on WashingtonSpeech of March on Washington

Human RightsHuman RightsChapter 5Chapter 5

Term: Human RightsTerm: Human Rights

Human rights include the right to receive Human rights include the right to receive equal treatment to be free from prohibited equal treatment to be free from prohibited discrimination and harassment.discrimination and harassment.

to have equal access to places, services to have equal access to places, services and opportunities.and opportunities.

Term: DiscriminationTerm: Discrimination

Discrimination occurs when an individual Discrimination occurs when an individual is treated unfairly because he or she is treated unfairly because he or she belongs to a certain groupbelongs to a certain group

Human Rights CodesHuman Rights Codes

There are two levels of protection.There are two levels of protection.

Canadians are protected from abuses Canadians are protected from abuses from the government or its agencies from the government or its agencies through the through the Charter of Rights and Charter of Rights and Freedoms.Freedoms.

Does not protect in cases of discrimination Does not protect in cases of discrimination by private sector.by private sector.

Term: Provincial Human Rights Term: Provincial Human Rights CodesCodes

Provincial Human Rights codes protect Provincial Human Rights codes protect citizens from “prohibited” discrimination in citizens from “prohibited” discrimination in the private sector. the private sector.

What is prohibited varies with provinces.What is prohibited varies with provinces.

Discrimination is illegal based onDiscrimination is illegal based onGenerally includes:Generally includes:Physical characteristicsPhysical characteristicsOrigin Origin Colour Colour ReligionReligionAge Age Gender Gender Sexual OrientationSexual OrientationMental or Physical disability Mental or Physical disability Marital StatusMarital Status

Provincial Human Rights CodesProvincial Human Rights Codes

Since the government are the ones Since the government are the ones making these laws they still have to follow making these laws they still have to follow the Canadian Charter of Rights and the Canadian Charter of Rights and Freedoms.Freedoms.

Stereotyping and PrejudiceStereotyping and Prejudice

StereotypingStereotyping – having an oversimplified, – having an oversimplified, false or general portrayal of a group of false or general portrayal of a group of people.people.

PrejudicePrejudice – judging an individual according – judging an individual according to the group to which they belong without to the group to which they belong without taking into account individual taking into account individual characteristics or abilities.characteristics or abilities.

Terms Bona Fida Occupational Terms Bona Fida Occupational requirementrequirement

Everyone has equal right to employment in the Everyone has equal right to employment in the application process, training promotions, application process, training promotions, layoffs etc.layoffs etc.

Exceptions can occur whenExceptions can occur when1.1. They are reasonable and justifiable (insurance They are reasonable and justifiable (insurance

fees)fees)2.2. Specific skills or “bona fida occupational Specific skills or “bona fida occupational

requirement”requirement”

Employment ContinuedEmployment Continued

3.3. Affirmative Action gives advantages to Affirmative Action gives advantages to groups that were historically groups that were historically discriminated against.discriminated against.

If two people are equally qualified than If two people are equally qualified than preference can be given.preference can be given.

Employment ContinuedEmployment Continued Term: Duty to Accommodate Term: Duty to Accommodate

Employer must try to accommodate for an Employer must try to accommodate for an employee’s needs. i.e religious beliefs, employee’s needs. i.e religious beliefs, physical disability.physical disability.

Unless employer proves Unless employer proves undue hardship undue hardship

The employer does not have to The employer does not have to accommodate if it jeopardizes safety or accommodate if it jeopardizes safety or would cost the company too muchwould cost the company too much

Employment ContinuedEmployment ContinuedTerm: Term: HarassmentHarassment

Everyone has the right to be free from Everyone has the right to be free from humiliating behaviour.humiliating behaviour.

Examples could be racial, sexual, or Examples could be racial, sexual, or religious slurs.religious slurs.

Sexual HarassmentSexual Harassment includes includes unwelcomed sexual contact, remarks, unwelcomed sexual contact, remarks, leering demands for dates, and displays of leering demands for dates, and displays of sexually offensive pictures or graffiti.sexually offensive pictures or graffiti.

Employment ContinuedEmployment Continued Term: Term: Poisoned EnvironmentPoisoned Environment

When someone is constantly subjected to When someone is constantly subjected to humiliation or an uncomfortable humiliation or an uncomfortable atmosphere at work.atmosphere at work.

Firefighters caseFirefighters case

IntervenersInterveners

Interveners are special interest groups Interveners are special interest groups which the courts ask for information about which the courts ask for information about a legal issue.a legal issue.

Examples would include Mothers Against Examples would include Mothers Against Drunk Driving, Groups for and against Drunk Driving, Groups for and against legalised Marijuana, Abortion groupslegalised Marijuana, Abortion groups

Canadian Charter of Rights Canadian Charter of Rights and Freedomsand Freedoms

EntrenchingEntrenching

In 1981 Pierre Trudeau was successful in In 1981 Pierre Trudeau was successful in making the Charter the highest law in the making the Charter the highest law in the country.country.

Only applies to laws made by Only applies to laws made by governments, not private sector.governments, not private sector.

2. Democratic Rights2. Democratic Rights

S 3 states every citizen has the right to S 3 states every citizen has the right to vote in an election, and run for office.vote in an election, and run for office.

What limits would there be to this?What limits would there be to this?

Limits to Democratic rightsLimits to Democratic rights

AgeAge

Mental capacityMental capacity

ResidenceResidence

JudiciaryJudiciary

Prisoners serving more than two yearsPrisoners serving more than two years

For example, if the Province of NS passes For example, if the Province of NS passes a law, it has to agree with the charter.a law, it has to agree with the charter.

If Wal-mart created a rule for employees, If Wal-mart created a rule for employees, the charter does not apply. the charter does not apply.

Overrides government laws.Overrides government laws.

Notwithstanding ClauseNotwithstanding Clause

S.33 gives the provinces the ability to limit S.33 gives the provinces the ability to limit s. 2 and 7-15 of the Charter in special s. 2 and 7-15 of the Charter in special circumstances.circumstances.

Must be voted on every 5 years.Must be voted on every 5 years.

Has to pass the Oakes testHas to pass the Oakes test

- Reason to limit must be very important- Reason to limit must be very important

- limit must be reasonable- limit must be reasonable

- Right must be limited as little as possible- Right must be limited as little as possible

Section 1Section 1

Section 1 states rights are subjected to Section 1 states rights are subjected to limitations such as public safety and the limitations such as public safety and the rights of others.rights of others.

Has to pass the Oakes testHas to pass the Oakes test

- Reason to limit must be very important- Reason to limit must be very important

- limit must be reasonable- limit must be reasonable

- Right must be limited as little as possible- Right must be limited as little as possible

Section 2 Fundamental FreedomsSection 2 Fundamental Freedoms2(a) Freedom of Conscience (beliefs) and 2(a) Freedom of Conscience (beliefs) and

Religion.Religion.

Right to choose religion, right to express Right to choose religion, right to express that choice through worship, practice, and that choice through worship, practice, and teaching.teaching.No one can be forced to act in a way No one can be forced to act in a way contrary to one’s beliefs. contrary to one’s beliefs. R.v Big M Drug Mart struck down a ban on R.v Big M Drug Mart struck down a ban on Sunday shopping (Lord’s Day Act) Sunday shopping (Lord’s Day Act) because it forced someone to believe in a because it forced someone to believe in a religion. religion.

Controversy over Honour KillingsControversy over Honour Killings

Shafia case in Montreal.Shafia case in Montreal.

2(b) Freedom of Thought and 2(b) Freedom of Thought and ExpressionExpression

Free to think and believe what you want Free to think and believe what you want and to express your opinions through and to express your opinions through writing, speech, painting etc. writing, speech, painting etc.

Freedom of the press and the public’s right Freedom of the press and the public’s right to obtain information from the government.to obtain information from the government.

All activities conveying meaning are All activities conveying meaning are expression.expression.

2(c) Freedom of Peaceful 2(c) Freedom of Peaceful AssemblyAssembly

Everyone has the right to assemble and Everyone has the right to assemble and protest peacefully.protest peacefully.

Assembly can be dispersed if it disturbs Assembly can be dispersed if it disturbs the peace “tumultuously” or causes fear in the peace “tumultuously” or causes fear in persons nearby.persons nearby.

2(d)Freedom of Association2(d)Freedom of Association

Freedom of assembly states you may Freedom of assembly states you may connect with others such as political connect with others such as political parties, unions, cultural groups. parties, unions, cultural groups.

Convicts may have this limited in Convicts may have this limited in conditions of parole (can’t hang out with conditions of parole (can’t hang out with bad guys)bad guys)

Democratic RightsDemocratic Rightss3 Right to Votes3 Right to Vote

Every citizen has the right to run for office.Every citizen has the right to run for office.Restrictions includeRestrictions include

AgeAgeMental capacityMental capacityResidenceResidenceRegistrationRegistrationMembers of judiciary and convicts Members of judiciary and convicts sentenced to less than 2 years.sentenced to less than 2 years.

S4 voting rightsS4 voting rights

Rights of Canadians to elect a new federal Rights of Canadians to elect a new federal and provincial government every 5 years.and provincial government every 5 years.

RestrictionsRestrictions

WarWar

National emergencyNational emergency

S6 Mobility RightsS6 Mobility Rights

Right to move in, out and around country.Right to move in, out and around country.

ExtraditionExtradition = Accused people can be sent to = Accused people can be sent to other countries to undergo trial if they are other countries to undergo trial if they are suspected of committing a crime.suspected of committing a crime.

Will not send residents to countries that may Will not send residents to countries that may give the death penalty.give the death penalty.

RestrictionRestriction

Provinces may give preferences to their Provinces may give preferences to their residents over people from other provinces. residents over people from other provinces.

Section 7Section 7Life, Liberty, Security of PersonLife, Liberty, Security of Person

Every person has the right to life and the Every person has the right to life and the right to health.right to health.

Everyone has the right to be secure and Everyone has the right to be secure and safe and not feel threatened.safe and not feel threatened.

Everyone has the right to be free.Everyone has the right to be free.

This is the most controversial section of This is the most controversial section of the charter. the charter.

Right to security controversyRight to security controversy

Prostitution Bedford caseProstitution Bedford case

Laws make prostitution less safe.Laws make prostitution less safe.

Right to Life debateRight to Life debate

Challenges Challenges

Assisted suicideAssisted suicide

AbortionAbortion

'Compassionate Homicide': The 'Compassionate Homicide': The law and Robert Latimerlaw and Robert Latimer

241.241. Every one who Every one who

((aa) counsels a person to commit suicide, or) counsels a person to commit suicide, or

((bb) aids or abets a person to commit suicide,) aids or abets a person to commit suicide,

whether suicide ensues or not, is guilty of an whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for indictable offence and liable to imprisonment for a term not exceeding fourteen years.a term not exceeding fourteen years.