Canadian Law, Rights, & Freedoms

Law

• The government creates law to maintain peace and order
• Laws are divided into criminal and civil types

Rights and Freedoms

• Rights are legal entitlements encompassing life, liberty, security, and property
• Property rights are not included in the Charter because the provinces didn't agree in 1982
• Property is protected by provincial laws and legal rights like the right to a fair trial
• Responsibilities are the duties one has when using their rights
• Human rights are universal
• The Charter of Rights and Freedoms was entrenched in 1982 with the help of Pierre Trudeau

Legal Rights

• Protection from unreasonable search or seizure exists
• Protection from self-incrimination exists
• An individual is presumed innocent until proven guilty
• The right to a lawyer is provided
• The right to a fair trial with an unbiased jury/judge exists
• Right to habeas corpus exists which prevents being jailed without reason
• There is equal access and equal treatment under the law

Equality Rights - Section 15

• Section 15(1) states everyone is equal before and under the law and has the right to equal protection and benefit of the law without discrimination
• Protection from discrimination is based on race, age, sex, religion, disability, sexual orientation, etc
• Section 15(2) allows laws or programs that help disadvantaged groups, even if it treats people differently

Common Law vs Statute Law

• Common Law is based on precedent from past judge decisions
• Statute Law is written laws passed by the government

Bill of Rights (1960)

• John Diefenbaker introduced the Bill of Rights in 1960
• The Bill of Rights only applied to federal law
• It was not entrenched and could be changed easily

Charter of Rights and Freedoms (1982)

• Pierre Trudeau introduced the Charter of Rights and Freedoms in 1982
• Entrenchment means protected by the Constitution
• It applies to federal and provincial law

Manitoba Justice System

• The Manitoba Justice System consists of citizens, government, police, courts, and prisons

Police Forces

• RCMP operates in rural/federal areas
• Municipal Police operate in urban areas

Courts

• Provincial Court handles criminal, youth, traffic, and family cases, with most cases starting here
• Court of King's Bench handles serious criminal and civil cases
• Court of Appeal hears appeals only and no new trials

Youth Criminal Justice (Ages 12-17)

• The goal is rehabilitation, not punishment
• Sentences include probation, community service, counseling, and youth detention
• It is less harsh and helps reintegration
• Potential cons include being too lenient for repeat offenders

Indigenous Rights & Self-Government

• Inherent right allows the right to govern themselves
• Self-government allows control over health, education, and justice
• Nunavut is an example of working Indigenous self-government
• The Indian Act (1876) controlled reserves and enforced assimilation

Five Key Parts of Manitoba's Justice System

• Citizens follow the law, report crimes, serve on juries, and know their rights and responsibilities
• The government makes laws (federal) and manages justice (provincial); Federal creates criminal law, and Provincial runs courts, jails, and enforcement
• The Police enforce the laws, investigate crimes, and arrest suspects; Includes RCMP (rural/federal) and Municipal police (local cities like Winnipeg)
• The Courts interpret the law, hold trials, and sentence offenders; Provincial Court handles most criminal/youth cases, the Court of King's Bench handles serious cases (murder, big civil cases), and the Court of Appeal fixes mistakes from lower courts
• Prisons carry out sentences and hold people found guilty; Includes jails, youth facilities, or community programs

Memory Tip

• To remember the justice system: Citizens, Courts, Government, Police, and Prisons