Social Studies 1201 / 1202

Constitution

As part of a class discussion, list examples of government efforts to promote the common good. Then have students organize the examples along a continuum of “all benefit – some benefit – few benefit.” What inferences can be made from this analysis? (Note: students should observe that everyone does not benefit equally from government efforts to promote the common good.)

With a partner list examples of government efforts to provide for the common good. Next, rank the examples from most to least significant. What are the similarities and differences between the examples with the highest and lowest ranking?

Explain the rationale for the distribution of powers and responsibilities among the various governments in Canada.

Explain the concept of fundamental justice, and why it is an essential element in a constitutional democracy.

Charter of Rights and Freedoms

Introduce the concepts of natural rights and legal rights:

• Provide students with copies of the highlights / summary of the Universal Declaration of Human Rights and the Canadian Charter of Rights and Freedoms. Working in groups of two or three, ask students to compare the two documents, identifying similarities and differences.
• Provide students with three highlighters of different colours (e.g., yellow, green, pink); students can use the highlighters to colour-code the rights (e.g., green = common to both documents, yellow = only in UDHR, pink = only in CCRF)
• Invite students to critique the CCRF. Ask students to determine if new Charter Rights should be added, and any Charter Rights should be reclassified as non-Charter Rights.
• View a case study (e.g., documentary) that illustrates what life was like for an individual or group before a particular right(s) was granted. Discuss with students the moral / ethical issues the case study presents, and the significance of enshrining rights.

To help students deepen their understanding of natural (i.e., human) rights and legal rights they should examine highlights from the

• United Nations Declaration of Human Rights (UNDHR)
• Canadian Charter of Rights and Freedoms (CCRF),

noting the similarities and differences between these documents.

The UNDHR articulates natural rights. The CCRF articulates a particular set of legal rights. For example, the UNDHR presents “...the right to life, liberty and security of person” (Article 3) as a natural right. The CCRF adopted that right verbatim and established it as a legal right in Canada “…the right to life, liberty and security of the person…” (Section 7). However, the UNDHR did not present any position related to language rights per se as natural rights, while the CCRF establishes English and French as “…the official languages of Canada…” (Section 16.1) as legal rights.

Create a poster to help explain the differences between Charter rights and non-Charter right.

In Canada rights are classified as either Charter rights or non-Charter rights. It will be sufficient for students to understand that:

• Charter rights are the overarching principles which all other actions and legislation must respect. For example, the Supreme Court does not alter the Charter, but ensures that legislation does not violate the rights and principles it identifies.
• The Charter can only be changed with the approval of :
  • the federal Parliament,
  • the Senate, and
  • at least seven provinces, representing at least 50% of Canada’s population.
• Non-Charter rights can vary over time, and are easier to change. For example, minimum wage legislation sets out the lowest amount that an employer can pay an employee. However, this amount varies from province to province, and can be changed by provincial legislatures. It will be important to take time to identify and discuss the significance of various non-Charter rights in Canada (e.g., health care).

Individual rights

When examining issues involving citizens’ / human rights (i.e., liberty) in another jurisdiction, prompt students to compare the experience of citizens in that jurisdiction with what citizens in Canada might experience. When practical, ask students to reference the specific section(s) of Constitution Act (1982).

Provide students two minutes to individually list all the rights they believe they have as Canadian citizens (e.g., free speech). As a class create a master list of all of the rights students identify. Next, invite students to work with a partner and prioritize the five most important rights in Canadian society. As part of a class discussion, identify what the majority of students perceived as the three most important rights.

With a partner, consider if advances in technology should lead to the creation of new rights. If so, propose a right and explain its purpose.

Explore with students a case study where an individual’s constitutional freedom was limited (e.g., Jim Keegstra – freedom of speech). Discuss how the concept of reasonable limits was interpreted and applied. (See Canadian Charter of Rights and Freedoms (1982), Section 1.)

Working in teams of three, debate with another team the following proposition: When there is a conflict, individual rights are more important than the common good.

Identify an area where government could / does act so that the common good is promoted. Explain the perspective of someone who might disagree with this action.

Research a significant Canadian court case. Present a summary of the case as a research poster. Examples include:

• Re Eskimos [1939] S.C.R. 104 – A decision by the Supreme Court regarding the constitutional status of Canada’s Inuit people (then called “Eskimos”) The Supreme Court found that for the purposes of British North America Act (1867) Inuit should be considered Indians.
• Edwards v. A.G. of Canada (1929) – The legal recognition of women as “persons” meant that women could no longer be denied rights based on a narrow interpretation of the law.
• R. v. Oakes (1986) – Establishes the “Oakes test” to determine “reasonable limits” on Charter rights.
• R. v. Morgentaler (1988) – The Criminal Code provision on abortion violated the Charter rights of women.
• R. v. Sparrow (1990) – Aboriginal rights that pre-exist the Constitution Act (1982) cannot be infringed without justification.
• R. v. Feeney (1997) – Establishes that the police cannot enter a home without a search warrant.
• Egan v. Canada (1995) – Establishes that discrimination on the basis of sexual orientation is prohibited under the Charter.
• Canada v. Hislop (2007) – Establishes that Charter rights come into existence only from the moment that their existence is determined by the court, and therefore are not retroactive.
• Fontaine v. Canada (2013) – The recognition of Métis and non-status Indian as Indians under the Constitution Act.