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individual rights vs. collective rights

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Anisa H

on 5 June 2013

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Transcript of individual rights vs. collective rights

S. 35. of the Constitution Act, 1982 (Part II)
(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.
(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.
(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. Why are collective rights important? S. 15 of Charter says:
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Individual Rights vs. Collective Rights Examples of Individual Rights What are Individual rights? Individual rights are rights held by a single person rather than a group.
This rights can be approved by the law, or gained through self-determination. What are collective rights? The rights of a certain group.
In Canada, Collective rights are guaranteed to Aboriginal peoples, Francophone, and Anglophones based on historical and constitutional reasons. Canadian Charter of Rights and Freedoms
S. 7: right to life, liberty, and security.
S. 8: right to be safe from unreasonable search and seizure.
S. 9: freedom from arbitrary detention or imprisonment.
S. 10: right to legal counsel and the guarantee of habeas corpus.
S. 11: the right to be presumed innocent until proven guilty. Ex. Aboriginals and their Collective Rights Affirmative Action Case Study Questions? THANK YOU :) Bibliography http://allendale.epsb.ca/datafiles/podcasts/The_Eagles_Nest_Podcast/The_Eagles_Nest_Podcast/Entries/2010/4/16_Collective_Rights_in_Canada.html






http://laws-lois.justice.gc.ca/eng/Const/page-16.html#docCont District of Columbia v. Heller
Respondent Heller applied to register a handgun that he wished to keep at home, but the District of Columbia refused.
He filed for a suit, believing that his "right to bear arms" (Second Amendment) was violated.
The District Court dismissed the suit, but the D. C. Circuit did not, saying that the Second Amendment protects an individual’s right to bear firearms and that the city’s total ban on handguns violated that right.
In 2008, that the Supreme Court ruled the Second Amendment addresses an individual right as opposed to a collective right.
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