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Wiskin Civics - Canadian Charter of Rights and Freedoms

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John Wiskin

on 5 May 2011

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Transcript of Wiskin Civics - Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms Fundamental Freedoms * Freedom of conscience and religion;
* Freedom of thought, belief, opinion, and expression,
including freedom of the press and other media of expression;
* Freedom of peaceful assembly; and,
* Freedom of association. Democractic Rights Type One: Democratic Participation Type Two: Government Operation - Right to vote
- Right to run as a candidate for
political office - Parliaments can exist for no longer than five
- Parliament must sit at least once a year

Ensures that nobody stays in power too long and that elected representatives and the people interact on a regular basis Mobility Rights - right to enter, leave, or stay in Canada
- move to, and remain in, any province
- pursue a livliehood in any province Legal Rights * Life, liberty, and security of the person;
* Be secure against unreasonable search or seizure;
* Not to be arbitrarily detained or imprisoned;
* On arrest or detention to be (a) informed promptly of the reasons therefore, (b) retain and instruct counsel without delay and to be informed of that right, and (c) have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful;
* Several rights relating to being charged with an offence (such as presumed innocent until proven guilty);
* Not to be subjected to any cruel and unusual treatment or punishment;
* The assistance of an interpreter for parties or witnesses who do not understand or speak the language the proceedings are conducted in, or who is deaf. G20 protest violence prompts over 400 arrests
PM, Toronto mayor say 'thugs' to blame for attacks
- CBC News Thousands may sue over police kettling at G20 protests
- BBC UK News G20 Protest Turns Violent in Toronto
- AOL News Introduction... "Civil rights" - rights of individuals to receive equal treatment (and to be free from unfair treatment or "discrimination") based on age, gender, sexual orientation, or religion for example...
Rights - are legal, social, or ethical principles of freedom or entitlement; rules about what is allowed of people or owed to people. Three types of rights... Political Rights - the right to participate in government (vote, run for office); and
natural justice (right to a fair trial, unwarranted seizure and arrest, etc...) Social Rights - rights we enjoy from being part of society (right to housing, job, and
certain standard of living, etc....) Review from Election Simulation Unit... What type of government does Canada have? What is an election? How many political parties does Canada have? How do we form a government in Canada? When we elect people into office, what prevents them from abusing their power? The Constitution A constitution is the supreme law of a country; the fundamental principles by which a state is governed. Canada's current constitution contains (in short) two parts.

1.) How the structure of our government operates (more on that in Unit 3)

2.) The rights and liberties of every Canadian citizen Based on the videos you watched, do you believe that the constitutional freedoms and rights of Canadian citizens were violated at the G20 Summit? Rodriguez v. British Columbia (Attorney General) Who is Sue Rodriguez? Quick Review 1.) What is a constitution? When was Canada's constiution created?
2.) What are rights?
3.) When was Canada's constitution amended? What was added?
4.) What is the CCRF?
5.) What are some rights given to Canadian citizens? (August 2, 1950 – February 12, 1994 Sue was diagnosed with ALS in 1991. She fought for the right to assisted suicide and twice took her case to the Supreme Court of Canada. On September 30, 1993, the Supreme Court voted 5-4 against her. Rodriguez committed suicide in 1994 with the help of an anonymous doctor. In Canada, as in most countries, assisted suicide is illegal. Assisted Suicide vs. Euthanasia Assisted suicide occurs when a person intentionally kills himself with the help of another individual. For example, a doctor may insert an intravenous needle into the arm of a patient, who then pushes a switch to trigger a fatal injection.
Euthanasia - someone other than the patient ends the patient's life as painlessly as possible.
Active, (such as when a doctor gives a lethal injection to a patient) or passive, (when a doctor removes life-support equipment). Reasonable Limits Clause Also known as the limitations clause, as it allows the government to legally limit an individual's Charter rights. It has also been used to protect from the unreasonable interference of government in the lives of people in a free and democratic society by defining these limits.
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Sue Rodriguez's Case Sue wished to have a qualified physician assist her in terminating her life at the time of her choosing. Ms. Rodriguez appealed to the Supreme Court of Canada that Section 241(b) of the Criminal Code violates sections 7, 12, and 15 of the Charter. Section 241 of the Criminal Code Counselling or aiding suicide
241. Every one who
(a) counsels a person to commit suicide, or
(b) aids or abets a person to commit suicide,
whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Canadian Charter of Rights and Freedoms Section 7: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 12: Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Section 15: 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. To do: - You will work with 3 other people (6 groups)
- Your group will be assigned either defense laywer (defend Sue) or Crown lawyer (Supreme Court)
- as a group you must make a case for (or against) assisted suicided
- consider the issue from all of the following prespectives as you weigh individual rights against group rights (patient, doctors, family, society, future patients)
- you will have 15 minutes to both (a.) make a case for or against assisted suicide and euthanasia and (b.) think of rebuttals that your opponents will state
- then we will open up a class debate about the issue.

Have fun weighing the issues in the CCRF!
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