Chapter 3: How effectively does Canada’s Charter of

Rights and Freedoms protect your individual

rights?

PART I: How does the Charter affect law making in Canada?

IntroductionSometimes government makes decisions for

the common good (the collective good) of everyone.

These decisions can sometimes affect people’s individual rights and freedoms and therefore their citizenship.

Thinking CriticallyIn this section, you will be reading about four

cases where the Canadian Charter of Rights and Freedoms was used to challenge government decisions where people felt a situation violated their individual rights.

ASSIGNMENT:1. Read pages 105-109 and summarize each of

the cases. Identify and explain which case you feel most affects quality of life today.

2. Complete question 2 on page 109.

Challenges to the CharterThere have been many cases where

individual rights and freedoms were limited. Let’s look at some cases in Alberta:

Alberta and the Eugenics Program (the sterilization of people)

Language Rights in Alberta

Canada has not always been a free and democratic society. Through challenges, injustices, and a desire for fairness and tolerance, Canada has become a nation that protects its citizens. Values and attitudes that shaped our history have also helped to shape Canada today.

What about the rest of the world? Let’s explore the United Nations and their history in protecting human rights. Let’s explore and take the quiz.

How does the Charter affect the workplace?

IntroductionHave you ever been employed? Perhaps you

have worked as a babysitter, shovelled walks for neighbours, or completed odd jobs for your family. You might have been paid cash for the jobs you had. A rite of passage for youths aged 12 to 14 is often applying and getting a first real job. The thrill of receiving that first paycheque is very exciting.

Whatever the job is, there are rules that apply. Some rules are established by the employer, such as dress code, the time that the job begins and ends, and work responsibilities.

The employer, however, must also follow rules that are established by the provincial government. These rules help to protect the employer and the individual rights of the employees.

Early HistoryIn the 1800s, many children did not attend school. They

were expected to contribute to the family economy. Sometimes, this meant working for parents in the home or on the farm or it might have been working in industries, such as factories, mills, or mines. Often, children were exploited; they worked in poor conditions for long hours and received little pay.

Let’s continue to explore the rights of individuals in the workplace as you watch the following videos. Think about the child workers, working conditions, long hours, and low wages. The idea of labour has come a long way.

Youtube video 1

A Modern LookEach province in Canada has established

labour laws for youth. In Alberta, the government of Alberta establishes rules for hiring youths and working conditions.

Let’s investigate more about these rules.

Alberta Employment Standards

In Alberta, workplace rules include:

Youth 12-14 can be hired for work that doesn’t endanger their life, health or education

$8.80 for minimum wageSet rest periods such as over 5 hours: 30

minutes paid or unpaid.24 hours notice of a shift change.24 consecutive work days is the maximum;

must be followed by four consecutive rest days.

There are many different jobs that youth 12 to 14 years old are legally allowed to have in Alberta. These include jobs such as:

deliveries for a retail store delivering newspapers or flyersworking as clerks in offices or retail storesworking certain jobs in restaurants and the

food service industry

There also certain rules that apply to 12-14 year old workers. These include:

No more than two hours on a school dayNo more than eight hours on a non-school dayThey may not use or work in areas where deep

fryers, grills, sharp knives, or slicers are used. They may not work in areas where smoking is

allowed.The employer must make sure adolescent

employees are in the continuous presence of another employee aged 18 or over.

The rules are a little different for youths 15 to 17 years old. Youth in this age range may also work in the following locations:

retail stores selling food or beveragesretail businesses selling gasoline or other petroleum

productshotel or motel services (A youth cannot work between

midnight and 6 a.m. without parent consent and adult supervision.)

Some stores won’t allow youth to work until age 18 due to safety concerns (e.g., building supply stores).

So far, you have examined child labour in Canada in the nineteenth century and labour laws for youth today.

Many of the changes to legislation that have occurred over the last 60 years are a result of the United Nations Declaration of Human Rights, the Universal Declaration of the Rights of the Child, and the Charter of Rights and Freedoms.

Let’s look at a caseIn Canada, the Charter of Rights and

Freedoms establishes equality in the workplace. Individuals have the right to work without discrimination based on gender, age, race, or religion. Let’s look at a case where the charter was challenged in the workforce.

Brooks vs. Canada SafewayBrooks vs. Safeway Outcome

Individual and workplace rights continue to evolve. Sometimes the changes occur as a result of challenges to the Charter of Rights and Freedoms.

ASSIGNMENT:Read pages 113-115.Create a cause and effect chart-the Charter

challenge is the cause, and the decision is the effect. Use the title “How the Charter is used to protect workers from discrimination in the workplace.”

Answer the CTC on page 114.