Lesson: 59

Topic: Introduction to  Human Rights and Freedoms

Objective:

During this class, students will come to appreciate how human rights in Canada evolved slowly over hundreds of years. Students will begin their exploration of pre-charter rights in Canada. Students will examine the case law that was used to protect human rights prior to the Bill of Rights, 1960. Through studying cases like Christie versus York, 1940, students will gain an appreciation for the limitations of case law in protecting human rights. We will examine the development of human rights in Canada, from our common law roots, through to the Canadian Bill of rights, the development of provincial Human Rights Codes, the Canadian Human Rights Act, and, finally, the Canadian Charter of Rights and Freedoms.

Students will also become familiar with the basic concept of human rights, learning to differentiate between:

• rights vs freedoms;
• non-restrictable rights vs restrictable rights; and
• natural vs positive rights.

Evaluation:

To assist students in exploring the issues outlined above, the class will complete an introductory quiz on basic human rights in Canada. Then, the class will form into four groups in order to examine a historical human rights cases that represent the need for strong human rights legislation in Canada.

Group 1: A National Shame: Winning the War, Losing Ourselves

Group 2: Fighting Racism Abroad, Fostering It at Home: A Canadian Hypocrisy (Supplementary Article: Why racist restrictions no longer apply in land deals)

Group 3: No Vacancy...At Least For Some

Group 4: Testing the Bill of Rights

Groups will describe the facts of each case to the class, explaining:

• The group of people who were victims of discrimination.
• The right or freedom that was denied to this group of people.
• The technical argument used by the courts to justify the discriminatory behaviour.

Expectations Addressed:

The "Rights and Freedoms" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Human Rights in Canada:

  • explain the evolution of Canadian human rights legislation from English common law to the Canadian Bill of Rights and then the Canadian Charter of Rights and Freedoms;

  • evaluate the protections provided by federal and provincial human rights legislation (e.g., Canadian Human Rights Act, Ontario Human Rights Code);

  • identify historical and contemporary barriers to the equal enjoyment of human rights faced by individuals and groups in Canada, and analyse their effects.

• Canadian Constitutional Law:

  • distinguish between the law-making powers of the federal, provincial, and municipal governments;

  • explain what a constitution is and why it is necessary;

  • explain the role of the courts in determining law-making jurisdiction;

  • explain the significance of key events in Canadian constitutional history (e.g., the British North America Act, 1867; the Statute of Westminster, 1931; the Constitution Act, 1982; the Meech Lake Accord, 1987; the Charlottetown Accord, 1992).

• The Canadian Charter of Rights and Freedoms:

  • explain what is meant by entrenching rights in a written constitution;

  • analyse how rights and freedoms are protected under the Charter of Rights and Freedoms (e.g., fundamental freedoms; democratic, mobility, legal, equality, and language rights);

  • explain how rights included in the Charter are accompanied by corresponding responsibilities or obligations;

  • explain how citizens can exercise their rights under the Charter (e.g., by initiating Charter challenges in the courts to legislation or government action; by raising the Charter as a defence when charged with an offence).

• The Legislature and the Judiciary:

  • explain how rights may be limited or overruled according to the Charter (e.g., section 1, section 33);

  • evaluate the role of the courts and tribunals and, in particular, the Supreme Court of Canada, in interpreting Charter rights;

  • describe how Charter rights are enforced.

• Minority and Majority Rights:

  • identify historical and contemporary examples of conflicts between minority and majority rights (e.g., Riel Rebellion, the Quebec sovereignty debate, First Nation land claims);

  • explain why it is difficult but essential to balance majority and minority rights in a democracy;

  • evaluate the political and legal avenues available for resolving conflicts (e.g., the courts, tribunals, legislation, referendums).

Resources:

Text Reference:
• PowerPoint: The Evolution of Human Rights in Canada
• Chapter #6, pages 171 - 196 (required reading)

   

Handouts:
• Test Your Knowledge - Human Rights in Canada
• Recent Human Rights Issues
• Article: Taxis discriminate against guide dogs, Alberta woman says

   

Relevant web sites:
• WWLIA, Canadian Human Rights Law Centre
• Canadian Legal Information Institute (CANLII)
• The Canadian Bill of Rights

• Ontario Human Rights Commission

• Ontario Human Rights Code

• Canadian Human Rights Act

• The Canadian Charter of Rights and Freedoms

• The Canadian Human Rights Commission