The Charter and the Law

Focus Question: How does the Charter affect law making in Canada?

Breaking the Communication Barrier The case of Robin Eldridge and John and Linda Warren

All three were born deaf Until 1990, when they needed a doctor, a non-profit agency in Vancouver

provided them sign-language interpreters free of charge

The agency, however, became short of funds and the service disappeared

When Eldridge went to the hospital the province wouldn't provide an interpreter to help her

She had twins without being able to communicate with the doctors and nurses

To Court We Go Eldridge and the Warrens took the

British Columbia government to court

Their argument was that individuals with hearing disabilities need to be provided with interpreters to be able to communicate with health care professionals

If they are not provided, it is a violation of their equality rights under the Charter

They eventually won their case after going all the way to the Supreme Court of Canada

Do you agree with their case and the outcome?

The Lord's Day Act Until 1985 it was illegal for many Canadian

businesses to be open on Sunday

The Lord's Day Act upheld the Christian Sabbath which requires Sunday to be a day of rest

In May, 1982, Calgary's Big M Drug Mart deliberately opened on Sunday

The challenge eventually came before the Supreme Court of Canada

It was found that the Lord's Day Act went against the Charter of Rights and Freedoms

Which right do you think the Act violated? Do you agree with the Supreme Court's

decision?

"...observance of the Sabbath is to the white man simply a matter of decency. The white farmer does

only the absolutely essential things on Sunday, because he thinks that is the right thing to do. The Oriental

has no such Code..."

Shaw, 1924

“There are obviously two possible ways to characterize the purpose of Lord’s Day

legislation, the one religious, namely securing public observance of the

Christian institution of the Sabbath and the other secular, namely providing a

uniform day of rest from labour.”Supreme Court Judge

Restrictions on Flying

June 2007: Canada bans certain people from travelling by air for security reasons

Passenger Protect Program Why would people disagree with

this so-called “no-fly” list?

What article in the Charter does it potentially violate?

Bill S-3: The Anti-Terrorism Act

Passed Dec. 2001

How do we decide if the needs of society should outweigh the rights of individuals?

Anti-terrorism Act S.C. 2001, c. 41

Assented to 2001-12-18

“An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism

Preamble

WHEREAS Canadians and people everywhere are entitled to live their lives in peace, freedom and security;

WHEREAS acts of terrorism constitute a substantial threat to both domestic and international peace and security;

WHEREAS acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation;

WHEREAS the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress, investigate and incapacitate terrorist activity;

WHEREAS Canada must act in concert with other nations in combating terrorism, including fully implementing United Nations and other international instruments relating to terrorism;

WHEREAS the Parliament of Canada, recognizing that terrorism is a matter of national concern that affects the security of the nation, is committed to taking comprehensive measures to protect Canadians against terrorist activity while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms;

AND WHEREAS these comprehensive measures must include legislation to prevent and suppress the financing, preparation, facilitation and commission of acts of terrorism, as well as to protect the political, social and economic security of Canada and Canada’s relations with its allies”

From: http://laws-lois.justice.gc.ca/eng/acts/a-11.7/page-1.html

Banning Junk Food Ads

The aim of advertising is to persuade people to buy a product

Many people believe that advertisements should NOT be aimed at children

Junk food, toys, games, TV shows

Why would people not want ads directed at children?

How could the Charter of Rights and Freedoms affect decisions about advertising to children?

Informal Debate

• Topic: Should the government ban advertising aimed at children (for example junk food ads)?

• Choose if you are FOR or AGAINST this statement and move to the appropriate side of the room

• Each side will be given time to discuss their main points, and try to persuade members to 'cross the line' over to their side

• Let the debate begin!