Course Review: Individual and Collective Rights

1. Course Review: Individual and Collective Rights Social Studies 9

2. Unit 3: Outline • Both Unit 3 and 4 examine the Canadian Charter of Rights and Freedoms and the Canadian Constitution. Unit 3 focuses on the individual rights and freedoms guaranteed to all Canadian citizens. The unit addresses: • The structure and various sections of the CRF • Examples of rights and freedoms violations before the CRF came into effect • Examples of possible violations in the modern world • The impact of the CRF on lawmaking • The impact of the CRF on the workplace

3. The CRF and the Constitution • Coming into effect in 1982, the Constitution is the document that represents the highest law in Canada. The document, which includes the Charter of Rights and Freedoms, guides all other laws, legislation, and justice administered in the country.

4. The CRF • The Charter of Rights and Freedoms is made up of several different sections: • Fundamental freedoms—guarantee basic freedoms and safety • Democratic rights—ensure equality of access to participate in government • Mobility rights—enable citizens to move, live, and work freely across the nation • Legal rights—ensures that all citizens are seen and represented equally before the law • Equality rights—prevent discrimination in based on physical characteristics • Key Concept: all Charter rights and freedoms carry certain responsibilities and obligations along for all citizens • Key Concept: the Charter allows for reasonable limitations and restrictions on the rights and freedoms of citizens

5. Rights “Violations” • Pre-Charter • The Indian Act • The Women’s Suffrage movement • The War Measures Act • WWI and II “enemy alien” internment • 1970 FLQ Crisis • Post-Charter • Anti-Terrorism Act and the No-Fly List

6. Impact of the Charter • On lawmaking: • All laws in Canada are subject to the Charter and the Constitution—the supreme court examines all existing laws and new legislation to ensure it does not unjustifiably violate, restrict, or limit the rights and freedoms of citizens • On the workplace: • Prevents employers from discriminating against employees based on any physical characteristic, ensures equality in the workplace

7. Chapter 3 Vocabulary • Constitution • Reasonable rights and restrictions

8. Unit 4: Outline • Unit 4 addresses the separate collective rights granted to three different groups in Canada: • Aboriginal peoples—including First Nations, Inuit, Metis • Anglophones—those whose first language is English • Francophones—those whose first language is French • The extension of these collective rights is based on recognizing the unique contributions made by these groups as the founding peoples of Canada.

9. Aboriginal Collective Rights • Aboriginal rights were originally secured by the Numbered Treaties, signed between 1870 and 1921, and the Indian Act, signed 1876. • Legislation affecting Aboriginal peoples in Canada has a history of being discriminatory—often created/enforced without consulting those groups it affects, and with the intent to remove elements of their culture/identity and instill in them elements of the dominant culture/identity. Aboriginal peoples have lobbied and protested consistently for the simple request to be included (or at least consulted) in legislation that concerns them. • The Metis have been denied collective rights in the past, as they have not always been seen as an aboriginal group. They assert their status as a First Nation, and have been granted Aboriginal status and some collective rights.

10. Official Language Groups • That Canada has two official languages (English and French) is evidence of our nation’s former colonial status—at different times, part of both the French and later British empires. • Canadian legislation that affirms bilingualism: • Quebec Act, British North America Act, Official Languages Act, Charter of Rights and Freedoms, Constitution • Legislation that complicates bilingualism: • Manitoba Schools Act (1890) • HaultainResolution (1892) • NWT Ordinance #22 (1892)

11. Collective Rights Simplified • What “Collective Rights” really means to… • Aboriginal Groups—granted access to land on reserves, annuities and grants, provisions for health care and education, hinges on “Status” • guaranteed by the Numbered Treaties, the Indian Act, the Constitution and CRF • Official Language Groups—guaranteed the right to • conduct business with the Federal gov’t in their first language • have their children educated in their first language (so long as it is English or French) where population and public funds allow.

12. Unit 4 Vocabulary • Affirm • Anglophone • Annuity • Assimilate • Collective identity • Collective Rights • Entrench • Ethnocentrism • Francophone • Indian Act • Official Language community • Official Language minority • Patriate • Reserve • Scrip • Sovereignty