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Definitions

Definitions. Right: a legal, moral or social entitlement that citizens can expect, mainly from the government Freedom: the right to conduct one’s affairs without government interference Inalienable rights: rights and freedoms that every person has and that cannot be surrendered

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Definitions

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  1. Definitions • Right: a legal, moral or social entitlement that citizens can expect, mainly from the government • Freedom: the right to conduct one’s affairs without government interference • Inalienable rights: rights and freedoms that every person has and that cannot be surrendered • Franchise: the right to vote. • Entrenched: to protect something so that it can only be changed by an amendment to the constitution.

  2. Rights Denied • Blacks: until 1833. • Chinese: head taxes…early 1900’s • Asians: denied entry…Komagata Maru • Franchise: everyone except white males.1918, 1920 • Women: 1920…persons • WWII: Germans, Japanese, Jews

  3. Law in the Extreme • 1928 Alberta passes Sterilization Act • Are the “children” responsible for the “sins” of their “parents”

  4. Section 33…Not Withstanding • Allows Federal and Provincial Governments to pass legislation that limits rights that fall under section 2 and sections 7-15 of the Charter.

  5. How old is enough • At what age is a youth old enough to make life or death decisions? • Can’t drive alone at 16…decide treatment?

  6. Freedom of Religion • Section 1 • Dissemination: spreading ideas widely • Separation of Church and State…Nativities, Sunday Shopping, life or death situations

  7. Freedom of Thought and Expression • Section 1 • Hate propaganda or obscene materials

  8. Freedom of Peaceful Assembly and Association • Freedom of Peaceful Assembly allows persons to gather for peaceful purposes such as demonstrating against a government action or in support of a cause. • Freedom of Association allows people to join groups of their choice such as unions, political parties, etc

  9. Con’t • An assembly must be orderly and non-violent and can be dispersed if it disturbs the peace “tumultuously” or causes fear in persons nearby. • Freedom of association is restricted in situations that would undermine discipline and security.

  10. Freedom of Association Limited • Young offenders: not to associate with certain individuals • Prison: association and assembly could cause security/safety issues

  11. Lavigne v. OPSEU • He felt that his union dues violated his freedom of expression and association • The trial judge ruled that his rights of association were violated because he was forced to contributed to organizations he disagreed with. However, his freedom of expression was not violated.

  12. Con’t • The Union was deemed a private organization and beyond the reach of the charter. • No infringement on association as he was free to associate with whom he pleased.

  13. Homework • Page 93…Building your Understanding… questions 1-4

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