Unit 2 - Rights and Freedoms
Unit 2.1 The Constitution
Learning Goals
By the end of this portion of the unit you should...
1. Demonstrate an understanding of the origins of Canada's Constitution.
2. Evaluate some groups of people within Canada's experiences with systemic racism within the justice system.
3. Demonstrate an understanding of the Canadian legal system.
1. Demonstrate an understanding of the origins of Canada's Constitution.
2. Evaluate some groups of people within Canada's experiences with systemic racism within the justice system.
3. Demonstrate an understanding of the Canadian legal system.
Systemic Racism
Visit this link here and read about what systemic racism is and how we can fight it. Then visit this link here to see examples of systemic racism in Canada today.
Some Important Acronyms:
BIPOC stands for Black, Indigenous, and People of Color.
LGBTQIA2S+ meaning: LGTBQIA2S+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, Asexual, Two-Spirit, and the countless affirmative ways in which people choose to self-identify.
Some Important Acronyms:
BIPOC stands for Black, Indigenous, and People of Color.
LGBTQIA2S+ meaning: LGTBQIA2S+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, Asexual, Two-Spirit, and the countless affirmative ways in which people choose to self-identify.
Canada's Constitution in 3 Parts.
Canada's Constitution | |
File Size: | 829 kb |
File Type: | pptx |
Residential School Timeline - Law and LegislationHow was the law used to oppress indigenous peoples?
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The Pass SystemWhat are the long and short term consequences to this system? How is it oppressive?
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Legacy of Residential Schools
What is the legacy of residential schools and how are survivors and their families today affected? What do you feel the government should do to address this horrible legacy?
Canada's Unwritten Constitution
Visit the link here and look at some of the unwritten constitutional rules. Choose one you think should be written and be prepared to share why you think so.
Role & Structure of the Courts
1. Interpret the Constitution
2. Solve disputes between the levels of government
See Ontario's Court Structure Below.
Supreme Court of Canada
Nine justices appointed by the federal cabinet. 3 must come from Quebec. Judges may serve up to the age of 75. The court grants "leave to appeal" which means it must agree to hear a case. Deals with important cases that deal with civil, criminal and constitutional law. Supreme Court decisions are binding across Canada.
2. Solve disputes between the levels of government
See Ontario's Court Structure Below.
Supreme Court of Canada
Nine justices appointed by the federal cabinet. 3 must come from Quebec. Judges may serve up to the age of 75. The court grants "leave to appeal" which means it must agree to hear a case. Deals with important cases that deal with civil, criminal and constitutional law. Supreme Court decisions are binding across Canada.
Trudeau & The Constitution
Pierre Trudeau (Pictured Right) introduced the Amending Formula, a way to change Canada's constitution without British approval. Led the fight against sovereignty-association (Quebec separation) Where Quebec would become a sovereign jurisdiction in all areas of law making, but would maintain economic association with the rest of Canada. Wanted to protect a portion of the constitution by ensuring that it can be changed only through constitutional amendments. in 1981 the provinces 9/10 agreed to the entrenched Charter of Rights and Freedoms. |
Reflect:
1. How has the constitution promoted discrimination?
2. The Charter, which was supposed to protect 'rights and freedoms' of all Canadians was introduced in 1981/82, yet residential schools continued to operate until 1997!!!! What are your thoughts on this? Use the link here to The Charter and what sections do residential schools violate?
1. How has the constitution promoted discrimination?
2. The Charter, which was supposed to protect 'rights and freedoms' of all Canadians was introduced in 1981/82, yet residential schools continued to operate until 1997!!!! What are your thoughts on this? Use the link here to The Charter and what sections do residential schools violate?
Unit 2.2: The Charter and The Justice System
Learning Goals
By the end of this portion of the unit you should...
1. Apply various aspects of The Charter of Rights and Freedoms to various legal cases.
2. Determine the effects that The Charter has on the concept of justice and how it has evolved.
3. You write an essay that meets the Essay Success Criteria.
1. Apply various aspects of The Charter of Rights and Freedoms to various legal cases.
2. Determine the effects that The Charter has on the concept of justice and how it has evolved.
3. You write an essay that meets the Essay Success Criteria.
The Charter of Rights and Freedoms
The Charter | |
File Size: | 2284 kb |
File Type: | pptx |
Voting in Australia
Visit the following link here and reflect, should we have the same laws as Australia? What are the benefits and drawbacks of this? Do you think that in order for a democratic society to function properly it needs to have full participation in the voting process? Then visit this article here concerning the recent voting in Ontario, do you find this troubling? What are the consequences of low voter turn out? Why don't people vote? What percentage of the Ontario population voted for the Ford government? What would cause you to vote in an election?
MAID
Read the following article here on MAID and be prepared to discuss your opinions. How does this inform your thoughts on justice?
Equality before and under law and equal protection and benefit of law
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. |
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The Notwithstanding Clause
Read the link here about Quebec's use of the Notwithstanding Clause. What are unintended consequences? What could some unintended consequences of its use be? When did Ontario use it? What do you think the spirit of s. 33 is? When should it be used and why do you think it was included?
R. v. Keegstra Group Case Analysis
Freedom of Speech | |
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In your table groups you will read the following Case. After you each have read the case, together you will discuss:
1. Which Rights and Freedoms were infridgend upon.
2. Do you agree with the decision rendered? Why or why not?
3. What implications for future cases might this decision have? Is there a ‘Slippery Slope’ here? Explain.
After you have discussed these 3 questions, create a 3 slide PowerPoint that discusses your reflections on the questions. Be sure to provide support for your opinions from the case itself.
1. Which Rights and Freedoms were infridgend upon.
2. Do you agree with the decision rendered? Why or why not?
3. What implications for future cases might this decision have? Is there a ‘Slippery Slope’ here? Explain.
After you have discussed these 3 questions, create a 3 slide PowerPoint that discusses your reflections on the questions. Be sure to provide support for your opinions from the case itself.
Case Analysis Essay - 5%
Charter Essay Assignment | |
File Size: | 17 kb |
File Type: | docx |
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Follow the Step - by - Step Process to complete the following Case Study Essay Assignment. You will have 1 week to hand in the assignment via Edsby or Printed in class.
Thesis Success Criteria1. One Sentence
2. 3 Arguments 3. End of the Introduction. 4. Element of Fact 5. Contains your Opinion (Arguable) Introduction Success Criteria |
Research Success CriteriaYour research is good if it comes from one of the following...
See the Links for Examples! Go to Google Scholar to search as well. 1. An academic journal. 2. A government website. 3. A reputable organization (non - governmental or government affiliated) 4. A university (.edu) 5. A reputable news organization (BBC, CBC, Al Jazeera) - All other websites need to be looked at with a critical eye. Is there bias? Is there an author? Who is the author? Why is it published? Ask yourself, do you trust this site? Why? |
ConclusionsYour conclusion must:
1. Re - state your thesis in a different way. 2. Remind your reader of the most important thing you said. 3. Have a clear and strong closing statement. |
Essay OrganizerFill out the Essay Organizer and submit it with your essay.
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Essay Success Criteria
1. You have a Thesis that meets the Thesis Success Criteria.
2. You have an introduction that meets the Introduction Success Criteria.
3. You have at least 3 body paragraphs that include research.
4. You use MLA and have a Works Cited Page.
5. You completed the Essay Organizer.
6. You have a Conclusion that meets the Conclusion Success Criteria.
2. You have an introduction that meets the Introduction Success Criteria.
3. You have at least 3 body paragraphs that include research.
4. You use MLA and have a Works Cited Page.
5. You completed the Essay Organizer.
6. You have a Conclusion that meets the Conclusion Success Criteria.
Unit 2.3: Human Rights
Human Rights | |
File Size: | 1844 kb |
File Type: | pptx |
Learning Goals
By the end of this portion of the unit I should...
1. Demonstrate an understanding of issues surrounding human rights facing Canadians.
2. Communicate though various media forms awareness of human rights issues.
3. Analyze how different groups of people experience discrimination and how it is remedied.
1. Demonstrate an understanding of issues surrounding human rights facing Canadians.
2. Communicate though various media forms awareness of human rights issues.
3. Analyze how different groups of people experience discrimination and how it is remedied.
What Are Human Rights?
Visit the link here and learn about ethnocentrism and cultural relativism. What are they? How do they relate to Human Rights? Then go to this link and read Rudyard Kipling's poem The White Man's Burden.
1. What are Kipling's feeling towards colonizing native people's?
2. What does Kipling feel the role of white people is with native peoples?
3. Looking at our concept of justice, what do you feel is problematic with the application of Universal Human Rights?
Now read the article and watch the video linked here on White Saviourism. What is it? Why is it dangerous? How can we overcome it?
1. What are Kipling's feeling towards colonizing native people's?
2. What does Kipling feel the role of white people is with native peoples?
3. Looking at our concept of justice, what do you feel is problematic with the application of Universal Human Rights?
Now read the article and watch the video linked here on White Saviourism. What is it? Why is it dangerous? How can we overcome it?
Opinions | |
File Size: | 45 kb |
File Type: | docx |
One of the barriers as you have seen to Universal Human Rights is the 'Universal' part. You may have heard the "everyone has the right to their own opinion" statement before. Read the following article from Princeton University (you may have heard of it before) on this topic . Answer the following:
1. What is the argument of the author?
2. Have you ever anticipated objections to your arguments in an essay and responded to them? Would you try this?
3. What is the difference between saying something is true and saying something is my opinion? (Oreo is the best ice cream)
4. Explain subjectivism.
5. What is the issue with opinion columns in journalism?
6. What is moral certainty?
7. What does he say about pride at the end?
1. What is the argument of the author?
2. Have you ever anticipated objections to your arguments in an essay and responded to them? Would you try this?
3. What is the difference between saying something is true and saying something is my opinion? (Oreo is the best ice cream)
4. Explain subjectivism.
5. What is the issue with opinion columns in journalism?
6. What is moral certainty?
7. What does he say about pride at the end?
Note on Equality
Human Rights in Canada
Watch the video below. What is the difference between Western Democracies and other nations in terms of rights? Then visit this link here and choose 2 human rights you think are the most important. Be prepared to share with the class.
How does the Universal Declaration of Human Rights enhance your theory as to what justice is or should be? Does it change or challenge how you feel or have felt previously?
Issues & Controversies in Human Rights
Canadian Human Rights Act (R.S.C., 1985, c. H-6)
Prohibited grounds of discrimination
Prohibited grounds of discrimination
- 3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Japanese Interment Camps
Watch the video narrated by David Suzuki on Japanese Internment Camps. 1. Could you see this happening today? 2. What fuels this type of thinking? 3. How can we guard against it? |
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Indigenous Peoples in Canada
Aboriginal Rights
Rights that some Aboriginal peoples of Canada hold as a result of their ancestors' longstanding use of the land. Aboriginal rights vary from group to group depending on the customs, practices, and traditions that have formed part of these distinct cultures. Collective rights are acquired as a result of membership in a group. All members in this group share the same rights. For indigenous peoples they feel they have collective rights because they have lived on shared land for thousands of years. |
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Residential Schools
While you have already learned about the dark and awful history of residential schools in Canada, it is worth revisiting. Visit the link here and learn about both the history of residential schools and what is occurring today.
Understand that residential schools and the Indian act were acts of cultural genocide. That is the deliberate and systematic destruction of the culture, traditions, language and customs of a specific cultural group.
Understand that residential schools and the Indian act were acts of cultural genocide. That is the deliberate and systematic destruction of the culture, traditions, language and customs of a specific cultural group.
Blainey v. Ontario Hockey Association and OHRC (1986)
This case challenged the provision of the Ontario Human Rights Code which permitted athletic organizations to restrict participation in athletic activities to persons of the same sex.
FACTS Justine Blainey, a 12-year-old girl, was not allowed to play on a boys’ hockey team as the Ontario Hockey Association (OHA) and Canadian Amateur Hockey Association’s (CAHA) regulations only allowed boys to play in the league.
Ms. Blainey tried to file a complaint with the Ontario Human Rights Commission (OHRC), but the Ontario Human Rights Code specifically allowed athletic organizations to only allow persons of the same sex to participate in sports. As a result, the OHRC said it had no jurisdiction to hear her complaint.
Ms. Blainey applied to the Ontario High Court of Justice for a declaration that the provision of the Human Rights Code violated her equality rights under s. 15 of the Charter. The trial judge, however, said that the Charter did not apply to the OHA and the CAHA. Ms. Blainey appealed that decision to the Ontario Court of Appeal.
ARGUMENTS
The Canadian Association for the Advancement of Women and Sport, sponsored by LEAF, intervened in the case to argue that the Charter did apply to the OHA and CAHA. The Charter applied to the “government”, which was not limited to acts of Parliament or provincial legislation. Instead, government embraced the creation and execution of government policies, including by sports organizations. As a result, sports organizations were required to respect women’s equality rights.
OUTCOME
The Court of Appeal held that the Ontario Human Rights Code provision violated s. 15 of the Charter, as it discriminated based on sex. The Court did not agree that the Charter applied to the OHA and CAHA. However, by striking down the Human Rights Code provision, the Court opened the door for Ms. Blainey to pursue her complaint in front of the OHRC and for other challenges to sex discrimination within sports organizations.
Read the Ontario Court of Appeal’s decision here.
1. Why is this a Human Rights issue?
2. How is The Charter violated?
3. Why might it be beneficial for women to play hockey with men; or for that matter any sport? What are the benefits to women having their own league?
FACTS Justine Blainey, a 12-year-old girl, was not allowed to play on a boys’ hockey team as the Ontario Hockey Association (OHA) and Canadian Amateur Hockey Association’s (CAHA) regulations only allowed boys to play in the league.
Ms. Blainey tried to file a complaint with the Ontario Human Rights Commission (OHRC), but the Ontario Human Rights Code specifically allowed athletic organizations to only allow persons of the same sex to participate in sports. As a result, the OHRC said it had no jurisdiction to hear her complaint.
Ms. Blainey applied to the Ontario High Court of Justice for a declaration that the provision of the Human Rights Code violated her equality rights under s. 15 of the Charter. The trial judge, however, said that the Charter did not apply to the OHA and the CAHA. Ms. Blainey appealed that decision to the Ontario Court of Appeal.
ARGUMENTS
The Canadian Association for the Advancement of Women and Sport, sponsored by LEAF, intervened in the case to argue that the Charter did apply to the OHA and CAHA. The Charter applied to the “government”, which was not limited to acts of Parliament or provincial legislation. Instead, government embraced the creation and execution of government policies, including by sports organizations. As a result, sports organizations were required to respect women’s equality rights.
OUTCOME
The Court of Appeal held that the Ontario Human Rights Code provision violated s. 15 of the Charter, as it discriminated based on sex. The Court did not agree that the Charter applied to the OHA and CAHA. However, by striking down the Human Rights Code provision, the Court opened the door for Ms. Blainey to pursue her complaint in front of the OHRC and for other challenges to sex discrimination within sports organizations.
Read the Ontario Court of Appeal’s decision here.
1. Why is this a Human Rights issue?
2. How is The Charter violated?
3. Why might it be beneficial for women to play hockey with men; or for that matter any sport? What are the benefits to women having their own league?
The Affirmative Action Debate
Affirmative action is a policy designed to increase the representation of groups that have suffered discrimination. Do you think there should be affirmative action for BIPOC people? Watch the two videos below.
1. Why do Asian Americans want rid of affirmative action in schools?
2. In the second video there is an argument put forth as to how this will hurt Asian Americans in the long run, what is it?
3. What do you think the unintended consequences will be for BIPOC people if affirmative action is struck down by the US Supreme Court (in my view likely given the politics of the court now)?
4. How does the law affect different groups of people?
1. Why do Asian Americans want rid of affirmative action in schools?
2. In the second video there is an argument put forth as to how this will hurt Asian Americans in the long run, what is it?
3. What do you think the unintended consequences will be for BIPOC people if affirmative action is struck down by the US Supreme Court (in my view likely given the politics of the court now)?
4. How does the law affect different groups of people?
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Law & Society
Watch the following Last Week Tonight with John Oliver Episode on Law and Order.
1. How is society shaped by media?
2. How does Law and Order promote systemic racism?
3. How does Law and Order demonstrate a distorted reality? Do you think it makes people feel comfortable?
4. Why do you think Law and Order is so popular?
5. Do you think there should be limitations on Section 2 b in media? Where should they be?
1. How is society shaped by media?
2. How does Law and Order promote systemic racism?
3. How does Law and Order demonstrate a distorted reality? Do you think it makes people feel comfortable?
4. Why do you think Law and Order is so popular?
5. Do you think there should be limitations on Section 2 b in media? Where should they be?
Land Claims
Land Claims are formal demands made by indigenous peoples for ownership and control over the lands with which they live or have traditionally lived. There are two types of land claims, specific and comprehensive. Specific claims deal with specific grievances that indigenous peoples may have regarding the fulfillment of treaties and administration of lands and asses under the Indian Act. Comprehensive land claims are based on the recognition that there are continuing indigenous rights to lands and natural resoureces; these claims occur where indigenous title has not been previously dealt with by treaty or other means.
View the video below on land claims and various treaties that have been signed in good and bad faith by indigenous peoples. Do you think they should be bound to such treaties? What rights do you think indigenous peoples have to lands throughout Canada? |
We have all been a part of and listen to land acknowledgements, but what value do they have?
Watch the short video below and listen to an elder discuss land acknowledgements. Visit he link here to a discussion of 'Land Acknowledgements'. Watch the sketch show video there as well; it is important. What are your opinions on land acknowledgements? Are land acknowledgements examples of performative activism? What value do you seen in them? |
Access to Clean Water
Watch Autumn Peltier discuss the conditions on Indigenous Reserves in Canada and access to basic necessities of life. Then read this short article and watch the video here.
1. Reflect on what makes her an effective presenter of this topic.
2. How can you make. a difference in Canada?
2. Why do we treat indigenous peoples like 2nd class citizens in Canada?
1. Reflect on what makes her an effective presenter of this topic.
2. How can you make. a difference in Canada?
2. Why do we treat indigenous peoples like 2nd class citizens in Canada?
Reflect
As you have seen in this unit so far, there have been a number of individuals who have advocated for change. How can you advocate for change? How can you ensure that your idea of justice reaches people that you think really need it?
International Human Rights Issues Assignment - 10%
Visit the United Nations OHCHR linked here and choose 1 human right you are interested in learning more about. Each student MUST choose a different topic.
Human Rights Awareness Assignment | |
File Size: | 18 kb |
File Type: | docx |
Bonus Task - Up to 2.5% Increase
After completing your Human Rights Issues Assignment, reflect on the following question:
- How has your understanding of Human Rights changed your feelings about justice? What is justice for you and how has your understanding of Justice grown or changed?
To earn up to 2.5% increase on your assignment this must be submitted by Friday.
- How has your understanding of Human Rights changed your feelings about justice? What is justice for you and how has your understanding of Justice grown or changed?
To earn up to 2.5% increase on your assignment this must be submitted by Friday.