Module Three: Charter of Rights and Freedoms

Introduction

• Ninth video attempt due to various recording issues.
• New recording setup: one continuous video per module.
• Focus on improving video quality and minimizing editing time.

Overview of Module Three

• Main Topics: Charter of Rights and Freedoms.
• Six Key Areas:
  1. Discussion of the Charter.
  2. Interpretation of rights.
  3. Limits on the Charter.
  4. Enforcement of Charter rights.
  5. Examples of rights within the Charter.
  6. Application in case law.
• Bonus Lecture: Tobacco litigation case study illustrating module concepts.

Rights Overview

• Protection of Rights: Focus on individual rights and freedoms.
• Types of Rights:
  • Civil Rights: Similar to human rights, can include voting and assembly.
  • Human Rights: Inherent, universal, interrelated, interdependent.

Interpretation of Rights

• Inherent Rights: Born with them, don't need to earn them.
• Universal Nature: Intended for everyone but not always applied universally.
• Interrelated and Interdependent: Rights support and depend on each other.

Charter Rights in Context

• Against State Interference: Focus on protection from governmental actions.
• Positive vs Negative Rights:
  • Positive Rights: State provides (e.g., education).
  • Negative Rights: State refrains from interfering (e.g., expression).

Historical Context

• Timeline of Rights:
  • British North America Act (1867).
  • Canadian Constitution and Charter (1982).
• Influential Documents:
  • Universal Declaration of Human Rights (1948).
  • Canadian Bill of Rights (1960).
• Provincial Human Rights Codes: Significant impact on individual rights outside state context.

The Charter of Rights and Freedoms

• Application: Applies to government actions (Parliament and provincial legislatures).
• Determining Government: Courts decide what constitutes government actions.
• Content:
  • Fundamental Freedoms: Conscience, religion, expression, assembly, association.
  • Democratic Rights: Voting and parliament operation.
  • Mobility Rights: Right to move within Canada.
  • Legal Rights: Emphasizing criminal rights but extending beyond.
  • Equality Rights: Section 15 detailed discussion later.
• Limitations:
  • Section 1: Reasonable limits clause.
  • Section 33: Notwithstanding clause.

Importance of the Charter

• Impact: Profound influence on Canadian law and society.
• Exclusions: Some rights (e.g., housing, food) not included due to cost and ideological differences.

Final Thoughts

• Interpretation and Expansion: Courts play a role in expanding the meaning of rights.
• Challenges and Implications: Discussion on why certain rights, like housing, are not constitutionally protected and their implications.

These notes provide a summary of the lecture on the Charter of Rights and Freedoms, highlighting the history, context, application, and significance of the Charter in Canadian law.