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-Magna Carta (famous document) that English nobility forced King John to sign in 1215.
-Magna Carta recognized principle of the rule of law.
-Rule of Law: Idea of all people (rulers and commoners alike) have to follow the same law
-Law applies equally to everyone.
-No ruler could restrict freedoms of the people without any reason.
-Guaranteed rights of habeas corpus.
-Habeas Corpus: Person must be brought to court to determine if being legall detained.
-This signifies the beginning of human rights.
-Universal Declaration of Human Rights development came after War World II.
-Universal Declaration of Human Rights was created, developed, and adopted by the United Nations on December 10, 1948.
- This is because WWII was most destructive war in history as 6 million Jews were rounded up, send to camps and millions of prisoners were killed. Terrible things had happened to people.
- Universal Declaration of Human Rights Categories - right to freedom of movement, right to freedom of thought, conscience, religion, opinion and expression, assembly and association, etc.
- Rights will be fully secured and protected since any law that would go against these rights
would not be considered as a law.
-Anyone who would go against these laws would face punishments.
-Canadian Charter of Rights and Freedoms is an inspiration from Universal Declaration of Human Rights.
-Two of the documents have similar categories/rights.
-In 1945, John Diefenbaker, started a movement to have rights made into laws.
-He was motivated to do so even though he was defeated by the MP's who thought Canada's tradition of common law was good enough.
-Leader of the Conservative Party - promised bill of rights to canadians.
-Diefenbaker kept his promise and passed Canadian Bill of Rights on August 10th, 1960.
-Outlined the fundamental freedoms and equality rights and the first example of human rights law at a federal level.
-It gave Canadians the human rights and fundamental freedoms without discrimination by reason of race, national origin, color, religion, or sex.
-Examples of rights under Canadian Bill of Rights: freedom of religion, speech, assembly, association, press.
-Equality before law is the main idea from Canadian Bill of Rights
-With the Racial Discrimination Act in 1944, Ontario became the first jurisdiction in Canada to pass legislation that focused to anti-discrimination.
-Ontario's Human Rights Code (provincial law) provides everyone equal rights and opportunities without discrimination in specific social areas (jobs, housing, services, facilities, contracts, agreements).
-Main Goal: To prevent discrimination and harassment because of race, sex, disability, age, etc.
-All Ontario's laws must agree with the code.
Ontario Human Rights Code is made up of three agencies:
1. The Ontario Human Rights Commission works to promote, protect, and advance human rights through research, education, targeted legal action and policy development.
2. The Human Rights Legal Support Center gives legal help to people who have experienced discrimination under the code.
3. The Human Rights Tribunal is where human rights applications are filed and decided.
-Civil Marriage Act is a source that leads to the Human Rights currently in Canada.
-Federal statue legalizing same sex-marriage
-Reflects values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms
-Reflects a type of value to be seen in a democratic society
-Represents freedom entitled to citizens.
-The Canadian Human Rights Act (CHRA) was designed to ensure equality of opportunity.
- It sets out 13 prohibited grounds of discrimination: race, age, gender identity, martial status, etc.
- CHRA produced two other human rights bodies: Canadian Human Rights Commission and 1985 amendment (Human Rights Tribunal Panel).
Human Rights Act contained 3 main parts:
1. Proscribed discrimination- prohibited discrimination in the following areas:
2. Canadian Human Rights Commission: Responsible for human rights education, prevention and investigation. Sets out Commission's powers, duties and functions.
3. Discriminatory Practices and General Provisions:
-Canadian Bill of Rights was problematic.
-It didn't stop demands for stronger protection of rights and criticized for several reasons: federal statue (law), Parliament could change it anytime (not permanent).
-Canadian Charter of Rights and Freedoms did little to protect human rights.
-Leader of Liberal Party (Pierre Elliot Trudeau) captured Canada's immigration, promised greater social justice & individual rights.
-Responsible for Constitution Act, 1982.
-Canadian Charter of Rights and Freedoms lists civil rights and freedoms, guarantees every level of government
-Section 24 of the Charter details the enforcement of guaranteed rights and freedoms. It states that anyone whose Charter Rights or Freedoms are violated then they can go to court to seek remedy. (Nothing higher than human rights)
-Parliament cannot change/abolish Charter of Rights and Freedoms, 50% of other provinces must agree (as a condition).