To live together in a society peacefully and viably, we need law. Law provides us with the fundamental rules for living. Law is a complex system that touches every aspect of our lives on a daily basis. The past (including First Nations, Métis, and Inuit practices) and the present shape our legal heritage. Our laws reflect our social, economic, and political environment, and they continually evolve in response to changing social values.
- Define law and its purpose in society by exploring its history and evolution, including the Code of Hammurabi, the Napoleonic Code, and other historical roots of law.
- Differentiate and develop an understanding of the various classifications of law.
- Distinguish between law and social mores, and explore questions regarding issues such as inherent versus conferred rights and the Doctrine of Discovery/terra nullius.
- Explore First Nations, Métis, and Inuit practices related to law and the evolving legal relationship between First Nations, Métis, and Inuit peoples and non-Indigenous Canadians, including the treaty relationship.
- Describe how and why laws change and the consequences of such changes on society.
- Demonstrate an understanding of the jurisdiction and powers of each level of government pertaining to law, as well as the hierarchy of the courts.
Charter of Rights and Freedoms
In Canada, all branches and levels of government, regardless of political ideology, must recognize and respect the fundamental rights of its citizens, including language and Aboriginal rights. Our rights and freedoms, outlined in the Canadian Charter of Rights and Freedoms, are guaranteed and entrenched within our Constitution. The Supreme Court of Canada plays a vital role in interpreting the Charter, thereby making the Charter a “living tree,” an evolving document.
- Outline the history and evolution of rights in Canada leading to the creation of the Canadian Charter of Rights and Freedoms, such as the “Persons Case” (Edwards v. A.G. of Canada, 1930) and the Canadian Bill of Rights (1960).
- Describe and assess each section of the Charter, its jurisdiction and enforcement, as well as its general impact on Canadian society.
- Examine the ongoing debate around limitations to our rights and freedoms, as outlined in the reasonable limits clause and the notwithstanding clause, as well as the role of the Supreme Court as the “guardian of the Constitution.”
- Explore the impact of the Charter and other documents, such as the Royal Proclamation of 1763, land claim agreements, treaties, and the Indian Act, on Aboriginal rights.
- Analyze to what extent the democratic and mobility rights of Canadians are guaranteed and protected under the Charter.
- Outline how the Charter protects your legal and procedural rights and establishes limits on representatives of the criminal justice system, such as the police and the Crown.
- Compare and contrast the concepts of equality and equity in relation to Section 15 of the Charter.
- Describe how minority language rights are protected in the Charter.
- Examine how issues such as women’s rights, gender identity, medically assisted death, and other current events have had an impact on current interpretations of the Charter, making the Charter a living document.