Civics Chapter 3: Rights and Responsibilities

Chapter 3: Your Rights and Responsibilities

Rights and Responsibilities

• Rights and responsibilities define the relationship between individuals and governments
• The Canadian Charter of Rights and Freedoms outlines a number of rights and freedoms that Canadians enjoy
• Rights are legally guaranteed, but not absolute; they have "reasonable limits" and extend as far as someone else's rights
• Examples of rights include:
  • Freedom of belief, thought, and expression
  • Freedom of religion
  • Right to vote

Responsibilities

• Responsibilities are duties or actions that citizens are expected to perform
• Formal responsibilities include:
  • Obeying the law
  • Paying income tax
  • Serving on juries
  • Voting in elections
• Governments also have a formal responsibility to be accountable to their citizens
• Informal responsibilities include:
  • Being informed (e.g., about laws, policies, and social issues)
  • Expressing opinions
  • Respecting different perspectives
  • Treating people equitably (fairly)
  • Contributing to communities
  • Protecting rights

The Charter of Rights and Freedoms

• The Charter outlines a number of rights and freedoms that Canadians enjoy
• Examples of rights include:
  • Freedom of belief, thought, and expression
  • Freedom of religion
  • Right to vote

Digital Rights and Responsibilities

• Rights and responsibilities exist in the digital world
• Examples of digital rights and responsibilities include:
  • Privacy and safety
  • Freedom of speech and expression
  • Protection from cyberbullying and online harassment

Justice and Rights

• The basic principle of the judicial system is the rule of law
• A society has the rule of law if:
  • Everyone is accountable under the law
  • Laws are clear and applied consistently
  • The judicial process is fair
  • The people who work in the judicial system are competent, ethical, and reflect the communities they serve
• Laws can be divided into three types:
  • Constitutional law
  • Civil law
  • Criminal law

The Judicial System

• The judicial system aims to resolve disputes, and protect the safety, rights, and freedoms of Canadians
• The Supreme Court of Canada is the highest court of appeal in the country
• The purpose of the Supreme Court is to interpret and explain laws for other courts
• The decisions judges make can affect our rights and influence the nature of our society
• Types of courts in Canada include:
  • Trial courts
  • Appeal courts
  • The Supreme Court of Canada
• Types of legal proceedings include:
  • Trials
  • Inquests
  • Public inquiries

Sentencing

• At the end of a criminal trial, the judge decides a sentence
• Judges can consider four main goals when they decide a sentence:
  • Keeping the public safe from harm
  • Deterring others from breaking the law
  • Rehabilitating the offender
  • Punishing the offender

Criticisms of the Judicial System

• Criticisms of the justice system include:
  • Legal language is difficult to understand
  • The process can be slow
  • The process can be costly
  • Perhaps we should give victims more power
  • Perhaps we should focus more on rehabilitation
  • More disputes could be solved outside the courts (alternative dispute resolution)

Social Organizations

• Social organizations work to promote justice, such as:
  • Non-governmental organizations (NGOs)
  • Non-profits
  • Social enterprises
• These organizations use the money they raise to invest in their social mission

Government and the People

• The text explores the residential school system in Canada and its impact on Aboriginal peoples.
• The system was a government-funded program run by Christian churches, aimed at assimilating Aboriginal children into European-Canadian society.
• Over 150,000 Aboriginal children were forced to attend residential schools across Canada, with the last school closing in 1996.

The Residential School Experience

• Children were taken from their families, often hundreds of miles away, and forced to attend schools that prohibited them from speaking their native languages, wearing traditional clothing, and practicing their culture.
• The children were subjected to physical, psychological, and emotional abuse, including corporal punishment, beatings, and confinement.
• Many students died from malnutrition, disease, and suicide.
• The schools provided inadequate education, with students often forced to do manual work and receive religious instruction.

Impact of the Residential School System

• The system led to a cycle of violence and abuse within families, with many Survivors struggling to express parental love and interact with others appropriately.
• The experience of the residential school system was a major cause of poverty, homelessness, substance abuse, and violence among Aboriginal people.
• The system is considered a form of cultural genocide, with Aboriginal communities still feeling the effects today.

The Apology and Reconciliation

• In 2008, Prime Minister Stephen Harper apologized on behalf of Canada to the Survivors of the Residential School System.
• The Truth and Reconciliation Commission was established in 2008 to learn and record the truth about the residential school system and to bring forward a process of reconciliation.
• The Commission released its final report in 2015, with 94 "Calls to Action" to address the ongoing legacies of the residential school system.

Why it Matters

• The legacy of the residential school system continues to affect First Nations, Inuit, and Métis families and communities.
• The system is a major cause of poverty, homelessness, substance abuse, and violence among Aboriginal people.
• It is essential to acknowledge and address the past injustices to move forward towards reconciliation.

The Three Branches of Government

• The government of Canada is divided into three branches: the Executive, Legislative, and Judicial.
• The Executive branch is responsible for making decisions and implementing them, and is headed by the Prime Minister.
• The Legislative branch is responsible for introducing, debating, and passing laws, and is composed of the House of Commons and the Senate.
• The Judicial branch is responsible for interpreting and enforcing the laws.

The House of Commons

• The House of Commons is composed of 338 members of parliament (MPs) elected in separate ridings across Canada.
• The majority of MPs are affiliated with political parties, with the party with the most elected MPs forming the government.
• The leader of the governing party becomes the Prime Minister.
• Passing a law requires the support of a majority of MPs, which is at least 170 votes.

Key Positions within the House of Commons

• The Governor General represents the monarch in Canada and ensures that the government is acting in the best interests of the country.
• The Prime Minister is the head of the executive branch and is responsible for making decisions and implementing them.
• The Premier and Cabinet are responsible for making decisions and implementing them at the provincial level.
• The Lieutenant Governor represents the monarch in the provinces and ensures that the provincial government is acting in the best interests of the province.### Key People and Components in the House of Commons
• The Leader of the Official Opposition is the leader of the political party with the second highest number of seats in Parliament.
• The Bar is a brass rod that acts as a barrier at the entrance of the Chamber of the House of Commons.
• The Mace is a symbol of the authority of the House of Commons, given by the monarch.
• The Hansard is an official, published recording of everything said in the House of Commons.

The Speaker

• The Speaker of the House is elected by all MPs (338) in Parliament.
• The Speaker acts as a referee, ensuring that debates are conducted in a fair and orderly manner.
• The Speaker must act in a non-partisan (not politically affiliated) manner.
• Geoff Regan is the current Speaker of the House of Commons.

The Speaker's Duty

• The Speaker's job centers around a 45-minute Question Period, where the opposition tries to "embarrass" or "derail" the Government.
• MPs cannot question each other directly, but must direct their questions and comments through the Speaker.
• The Speaker must keep things civil.

Sergeant-at-Arms

• The Sergeant-at-Arms is responsible for the security of the House of Commons.
• The Sergeant-at-Arms carries the Mace into the House of Commons Chamber when it is in session.

The Senate

• The Senate is the upper house of the Parliament of Canada.
• Senators are appointed by the Governor General, on the advice of the Prime Minister.
• Because they are not elected, Senators are not pressured by public opinion.
• The Senate has a lot of power, but rarely opposes the will of the Lower House.
• The main contribution of Senators is committee work, examining bills and listening to concerns of groups and individuals affected by them.

Senate Reform

• Some people believe the Senate is no longer needed, or should be changed to make it more effective or equal across all provinces.
• The "Triple E Senate" is one idea to reform the Senate, which would make it elected, equal, and effective.

Legislative Assemblies

• Provinces and territories also have Legislative branches that mirror the House of Commons.
• A legislative assembly is the group of people elected in each province and territory to make and pass laws.
• In Ontario, these elected representatives are known as MPPs (Members of Provincial Parliament).
• The provincial legislatures, like the federal legislative, have a Speaker, the Government party, an Official Opposition, and a Question Period.

The Judicial Branch

• This branch deals with the court system, the interpretation of laws, and the administration of justice.
• The Supreme Court of Canada is the highest court in Canada, and its decisions are final.

The Process of Turning Policy into Law

• The process of policy becoming law is similar for all levels of government.
• The stages of turning policy into law include:
  • An idea is formed and a bill is drafted.
  • The bill is introduced to the public (First Reading).
  • The bill is debated and voted on (Second Reading and First Vote).
  • The bill is studied and scrutinized "clause by clause" by a standing committee (Committee Stage).
  • The bill is sent back to the House of Commons, and any amendments are introduced, debated, and voted on (Second Vote).
  • The bill is read for a third time in the House of Commons, and any final changes are made (Third Reading and Vote).
  • The bill is sent to the Senate (federal only), where it goes through a similar process.
  • The bill is signed into law by the Governor General (Royal Assent).### Rights and Responsibilities
• A right is something that you are morally or legally entitled to, such as the right to vote.
• A responsibility is something for which you are accountable, such as the responsibility to vote.

Foundations of Democracy

• In a democracy, individuals have a say in how the society is run.
• A democracy must respect the rights of citizens and encourage responsibility through active citizenship and participation.

Legal Guarantees

• The Canadian Human Rights Act (1977) and the provincial Human Rights Codes (e.g., Ontario Human Rights Code, 1962) guarantee the rights of citizens.
• The Canadian Charter of Rights and Freedoms (1982) is a federal-level document that guarantees certain rights of people in Canada.
• The Charter includes freedoms (e.g., freedom of thought) and rights (e.g., right to vote) that impose duties on the government.

Provincial Human Rights Code

• The Ontario Human Rights Code is a provincial law that guarantees equal rights and opportunities in specific areas such as jobs, housing, and services.
• The code aims to prevent discrimination and harassment based on grounds such as race, gender, age, and more.

Canadian Charter of Rights and Freedoms

• The Charter deals with the relationship between government and the individual.
• If a section of a human rights code is found to be inconsistent with the Charter, the courts can declare that section to be no longer in force.

Case Study: Justine Blainey

• In 1981, Justine Blainey, a 10-year-old girl, was not allowed to play on a boys' hockey team due to league regulations.
• She complained to the Ontario Human Rights Commission, and the Supreme Court of Canada eventually ruled that her equality rights under the Charter had been violated.

"Reasonable Limits"

• The Charter refers to "reasonable limits" on rights and freedoms.
• Our laws and regulations must balance the rights of the individual with the needs of society.
• For example, the right to freedom of expression is limited by the need to protect the rights of others.

Freedom of Expression

• You are free to think and express your thoughts, but there are limits to this freedom.
• The Canadian courts have put "reasonable limits" on freedom of expression, such as preventing expressions that violate the rights of others.

Schools and Freedom of Expression

• At school, self-expression is allowed as much as possible, but may be limited if it threatens student safety or a positive climate.
• Dress codes and book selections are examples of limited self-expression.

The Judicial System

• The Canadian judicial system tries to achieve two goals: ensuring social order and respecting individual rights.
• Fundamental legal rights are clearly stated in the Canadian Charter of Rights and Freedoms.

Aboriginal Justice System

• Aboriginal groups operate separate systems of justice and their own police forces.
• The Aboriginal justice system uses sentencing circles and healing circles to restore harmony to the community.
• This system has been used successfully in Aboriginal communities and has been adapted by Canada's mainstream justice system on an experimental basis.