Unit 2: Rights and Freedoms
The Charter of Rights and Freedoms
Follow the link here to the Charter of Rights and Freedoms.
Unit 2.1: Sections 1 and 33 of the Charter
Introduction to the Charter | |
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Section 1: Reasonable Limits
Case Study: R. v. Oakes
Read the case attached and answer the 4 questions.
Reflect and Discuss: When should Section 1 be applied? We will take a look at some newer application currently in the courts today.
Reflect and Discuss: When should Section 1 be applied? We will take a look at some newer application currently in the courts today.
rvoakes.pdf | |
File Size: | 942 kb |
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GraceLife Church & Section 1
GraceLife Church (Update Jan. 9, 2022)For a few months in early 2021, Parkland County’s GraceLife Church was the frontline in Alberta’s COVID-19 culture wars . The church and its pastor, James Coates, repeatedly refused to abide by capacity limits on indoor worship services.
Coates was eventually jailed for declining to sign a bail condition requiring him to abide by the rules. He was ultimately released, but not before his case attracted the attention of the likes of Tucker Carlson. In June, Coates fell short in a bid to have Alberta’s COVID-19 restrictions deemed unconstitutional . The ultimate decision in the case is on hold pending the outcome of similar proceedings in southern Alberta . Coates is next in court in March. (Edmonton Journal) |
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The Notwithstanding Clause
Visit the link here and read the article on the use of the Notwithstanding Clause. Then read this article linked here on the use of the Notwithstanding Clause.
Questions:
1. Do you think the Nothwithstanding Clause should be used in the manner in which Ford did? Why or why not?
2. When do you think the Notwithstanding Clause should be used?
3. What do you think of the recommendations of the 2nd article in how to move forward?
Questions:
1. Do you think the Nothwithstanding Clause should be used in the manner in which Ford did? Why or why not?
2. When do you think the Notwithstanding Clause should be used?
3. What do you think of the recommendations of the 2nd article in how to move forward?
Political Satire
Political Satire | |
File Size: | 2751 kb |
File Type: | pptx |
Its important that we discuss political satire as throughout the course you will encounter various political cartoons and discussions that will use satire.
Political Cartoons
In pairs or groups of 3 you will be assigned 1 of the 4 political cartoons. You will construct a short 4 slide presentation that answers the following:
1. What point is the cartoonist trying to make?
2. What techniques, such as symbols, words, caricature, exaggeration, and irony, communicate the message?
3. What values does the cartoon express?
4. How does the cartoon relate to either the Reasonable Limits Clause or the Notwithstanding Clause?
1. What point is the cartoonist trying to make?
2. What techniques, such as symbols, words, caricature, exaggeration, and irony, communicate the message?
3. What values does the cartoon express?
4. How does the cartoon relate to either the Reasonable Limits Clause or the Notwithstanding Clause?
Unit 2.2 Fundamental Freedoms
Fundamental Freedoms | |
File Size: | 1988 kb |
File Type: | pptx |
Case Study: Canada (Attorney General) v. JTI - Macdonald Corp. |
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2022 and Other Forms of Hate: When should freedoms be limited?
Online HateRead the article linked here on Twitter and Freedom of Expression. Do you think social media need to have restrictions placed to protect people from being exposed to hate?
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Hate Towards Healthcare WorkersWatch this video on freedom of assembly. Is there a time and place for demonstrations?
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Democratic and Mobility Rights (Sections 3, 4, & 5)
Sections 3, 4 and 5 of the Charter garnantee the democratic rights of Canadians.
Democratic Rights of Citizens
3 Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Marginal note:
Maximum duration of legislative bodies
4 (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.
Marginal note:Continuation in special circumstances
(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. Marginal note:
Annual sitting of legislative bodies
5 There shall be a sitting of Parliament and of each legislature at least once every twelve months
Read about the case before the Superior Courts now linked here. What is your view? When should citizens be allowed to vote?
Democratic Rights of Citizens
3 Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Marginal note:
Maximum duration of legislative bodies
4 (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.
Marginal note:Continuation in special circumstances
(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. Marginal note:
Annual sitting of legislative bodies
5 There shall be a sitting of Parliament and of each legislature at least once every twelve months
Read about the case before the Superior Courts now linked here. What is your view? When should citizens be allowed to vote?
Unit 2.3 Legal Rights: Sections 7 - 13 of the Charter
Sections 7 & 8
Legal Rights Sections 7 & 8 | |
File Size: | 2210 kb |
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Case Studies Assignment 5%:
Review the assignment attached. You will complete 2 Cases. The first will be completed as a group and the second individually. You will be assigned the cases and need to apply what you have learned as well as including your own opinions backed by logical reasoning.
In you groups of 3 complete Part 1 of your case study assignment. |
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Case Study: R. v. AM., (2008 SCC 19) |
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Sections 9 - 13
Legal Rights Part 2 | |
File Size: | 3034 kb |
File Type: | pptx |
Read Charkaoui v. Canada. Answer the questions and form an opinion on Question 4. Be prepared to explain your opinion with reasons to the class.
charkaoui_v_canada.docx | |
File Size: | 15 kb |
File Type: | docx |
Unit 2.4: Other Significant Charter Rights
Section 15: Equality Rights
Equality vs. Equity
Watch the video and be prepared to summarize the differences between equality and equity. What are some ways society can achieve greater equity?
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.
1. Does section 15 demonstrate equity? How do you think Equity can be achieved through Section 15?
1. Does section 15 demonstrate equity? How do you think Equity can be achieved through Section 15?
Non-Charter Remedies
Section 52 of the Constitution Acts states there are 3 ways a court can remedy a law.
Strike Down: Law is no longer in effect.
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Read In: Add a term to a law that is generally acceptable, but a specific part of the law is invalid and thus removed.
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Read Down: To rule in court that a law is generally acceptable, but a specific part of the law is invalid and thus removed.
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Enforcement of guaranteed rights and freedoms
If your rights have been infringed upon (broken or violated) you can apply under Section 24 for them to be remedied by the court.
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Case Study Assignment Part 2: 5%
You will be assigned 1 of the following Case Studies to Read. After you have read the case study, you will complete all parts of it and hand it in. You will have 3 class periods plus the weekend to work on it. You must answer in sentences and paragraphs where appropriate.
Review the rubric and assignment above.
Review the rubric and assignment above.
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