Movie Monday- Canadian Human Rights Legislation
Notes:
a. Charter or Rights and Freedoms: part of Canada’s Constitution, it protects people’s basic rights and freedoms, such as freedom of speech, religion, and equality under the law. It ensures the government treats everyone fairly.
b. Canadian Human Rights Act: This is a federal law that protects people from discrimination in areas like jobs and services provided by the government or businesses. It makes sure everyone is treated equally, no matter their race, gender, disability, or other personal characteristics.
c. BC Human Rights Code: This is a law in British Columbia that protects people from discrimination in their daily lives, like at work, school, or when renting a home. It ensures that everyone has equal rights and opportunities, no matter their background.
Videos:
a. Rights and responsibility (07:00) https://youtu.be/DA6QAdKOmtA
b. The Charter (06:35) https://youtu.be/YAIM1qzO9_w
c. The Canadian Human Rights Commission (02:00) https://www.youtube.com/watch?v=bHiwAnx4ReA&ab_channel=CanadianHumanRightsCommission-CHRC
d. BC’s human rights system (03:15) https://www.youtube.com/watch?v=sYHje_VTusA&ab_channel=BC%27sOfficeoftheHumanRightsCommissioner
e. WCLN- BC Human Rights Code (01:48) https://www.youtube.com/watch?v=ZUB9aVonosI&ab_channel=WCLN
Talk Tuesday- Comparing human rights legislation and infringements (moved to Wednesday because of snow day)
Compare the three examples of human rights legislation: the Charter of Rights and Freedoms, Canadian Human Rights Act, and BC Human Rights Code. Resources below:
Homepage | Canadian Human Rights Commission
The Canadian Charter of Rights and Freedoms
Home | BC's Office of the Human Rights Commissioner
Human rights protection - Province of British Columbia
BC Human Rights: book
Research in groups, teach others, then...
Discuss in groups:
Do you think there should ever be limits to Charter rights? Why or why not?
Describe a situation where an infringement of a right would be justified.
Describe a situation where an infringement of a Charter right would not be justified?
What do you think about the courts’ role in deciding whether an infringement of a right can be justified?
What happens if the government cannot show that a Charter infringement is justified (i.e. it does not satisfy the elements of the s. 1 analysis)?
Write Wednesday- Limits on Guaranteed Rights (moved to Thursday)
The Charter is in place to ensure that the rights and freedoms of Canadians are protected. Requiring the government to justify Charter infringements ensures that these rights and freedoms are not arbitrarily limited by the government. The government has the burden of proving that any limit is justified.
fundamental freedoms (section 2 a-d of the Charter).
Oakes Test - Centre for Constitutional Studies
Think Thursday- COVID-19 Pandemic and the Federal and Provincial Government restrictions and mandates
In your notebook: Is it ever ok for a government to infringe on the rights of its citizens? (.5-1 page)
Finish up Friday- Case Citations
Understanding case citations (R. v. Kerr, 2004, and Grant v. Dempsey, 2001). For more on how to read case studies check out:
https://www.youtube.com/watch?v=Qw15dV2Q5f4
SFU Library How legal cases are cited
Reading a Legal Citation Queens University
Legal Citation Guide UBC
Ontario Justice Education Network Guide to Canadian Legal Citation
Choose topics for Tuesday's discussion group (see topics on Feb 10-14 page)