Grade 11 - UNDERSTANDING CANADIAN LAW

Constitution

Analyse how legislation of the past (e.g., the Royal Proclamation of 1763; the Quebec Act, 1774; the British North America Act, 1867; the Statute of Westminster, 1931) influenced Canada’s Constitution (1982)

Explain the legal significance of some key aspects of the Canadian Constitution (e.g., the division of powers between the federal and provincial levels of government, the Canadian Charter of Rights and Freedoms, the amending formula, the recognition of Aboriginal rights, residual powers)

Charter of Rights and Freedoms

Analyse the impact of the Canadian Charter of Rights and Freedoms on the role and influence of the judiciary in Canada’s legal system. Sample questions: “Has the relationship between Parliament and the judiciary changed since the enactment of the Charter? If so, (a) in what ways, and (b) how significant are the changes?”

Identify the protections provided by the Charter and provincial and federal human rights codes (e.g., Charter: protections related to freedom of religion, freedom of expression, mobility rights, equality rights, democratic rights; human rights codes: protections related to prohibited grounds of discrimination in workplaces, by organizations, and between individuals) and explain their significance. Sample questions: “Which Charter right ensures that Canadians have the opportunity to participate in regular elections?” “What are the prohibited grounds of discrimination identified in the Ontario Human Rights Code?”

Describe historical and contemporary barriers to the equal enjoyment of human rights in Canada (e.g., unequal access to voting rights; discrimination based on the grounds of race, gender, gender identity; geographic isolation; unequal access to education; residential schools; the Indian Act) and the laws intended to help people overcome such barriers (e.g., the Canadian Bill of Rights, the Ontario Human Rights Code, the Canadian Human Rights Act) Sample questions: “What legal remedies are available to help members of groups who face barriers to employment or career advancement (e.g., women, people with disabilities, LGBT persons, single parents, racial/ethnic minorities)? How have some laws addressed these barriers? What are some ways in which these laws may need to be strengthened?” “What are some legal actions that have been taken in Canada to respond to ethnically motivated hate crimes (e.g., crimes such as assaults on Asian Canadian anglers, James Keegstra’s denial of the Holocaust)? In the Keegstra case, what competing rights were involved?”

Describe the legal instruments and procedures available for resolving complaints regarding human rights violations under the Ontario Human Rights Code, the Charter, and the Canadian Human Rights Act (e.g., tribunals, commissions, Charter challenges, government acknowledgement or apology, compensation). Sample questions: “What aspect of human rights was addressed in the Oakes case (1986)? What impact did the Supreme Court of Canada decision in that case have on Canadian law relating to subsequent Charter challenges to human rights violations?”

Assess from a legal perspective the differences between the rights protections entrenched in the Constitution Act, 1982, and the rights protection afforded by earlier legislation such as the Canadian Bill of Rights

Analyse from a legal perspective situations in which a right or freedom may be limited in Canadian law (e.g., with reference to section 1 and section 33 in the Canadian Charter of Rights and Freedoms, decisions by courts and human rights commissions, anti-terrorism legislation)

Collective rights

Explain how points of view and issues associated with diverse groups and individuals (e.g., John Diefenbaker, Donald Marshall, Tommy Douglas, Elijah Harper, Cindy Blackstock, Pierre Elliott Trudeau, Mothers Against Drunk Driving, Women’s Legal Education and Action Fund, the Famous Five) have influenced the development of law in Canada. Sample questions: “What legal issues relating to Aboriginal people were highlighted by Elijah Harper’s opposition to the proposed Meech Lake Accord? What were some of the immediate and longer-term outcomes of his actions?” “How did Donald Marshall’s overturned conviction (in 1983) affect rules governing judicial procedures in the Canadian criminal justice system?” “How did the Ad Hoc Committee of Canadian Women on the Constitution influence the content of the Canadian Charter of Rights and Freedoms?” “How did the advocacy of Sandra Lovelace and Mary Two-Axe Early lead to revision of the Indian Act?”

Indigenous rights

Describe how legislation and recent landmark cases relating to First Nations, Métis, and Inuit peoples have influenced the circumstances of Aboriginal people and the interpretation of Aboriginal rights in Canada (e.g., the Royal Proclamation of 1763; Numbered Treaties; the Indian Act and its amendments; the creation of Nunavut; R. v. Drybones, 1970; R. v. Sparrow, 1990; R. v. Moses, 1992; Delgamuukw v. British Columbia, 1997; Bazley v. Curry, 1999; R. v. Marshall [No. 1], 1999; R. v. Powley, 2003; Tsilhqot’in Nation v. British Columbia, 2014)