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Aboriginal peoples Canadian history human rights residential schools

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These notes cover the history of residential schools for Aboriginal Canadians within a human-rights context. They explore the impact of the schools on the lives of citizens and the government's response. The document also discusses today's learning goals, the experiences of the children, and the effects of the schools.

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UNIT 2 Government and The People Today’s Learning Goal(s): ◻ I will be able to develop a better understanding of Aboriginal peoples and Canadian history within a human-rights context. ◻ I will be able to use my political thinking skills to explore, reflect on, and suggest strategies...

UNIT 2 Government and The People Today’s Learning Goal(s): ◻ I will be able to develop a better understanding of Aboriginal peoples and Canadian history within a human-rights context. ◻ I will be able to use my political thinking skills to explore, reflect on, and suggest strategies to address a human-rights violation, the impact it has had on the lives of citizens, and the effectiveness of the response by the government of Canada. Indian (Aboriginal) Residential Schools in Canada ◻ Refers to the system of residential (boarding) schools for Aboriginal Peoples in Canada. ⬜ It was a government-funded program, run by Christian churches. Based on a policy to remove Aboriginal children from the influence of their families, in order to eliminate parental involvement in their spiritual, cultural and intellectual development, and assimilate them into the dominant European-Canadian society. ◻ More than 150,000 Aboriginal children were forced to attend Indian Residential Schools across Canada, over approximately 100 years. ⬜ The last residential school closed in 1996. Photo Comparison ◻ Examine the two photos of an Aboriginal student before and after residential school. ◻ These photos were used as propaganda by the Canadian government, in order to increase support for the under-funding residential school program. ◻ Brainstorm how the photos were used to convey the advantages of the system? Fig. 1: Department of Indian Affairs. Thomas Moore before Tuition at Regina Indian Industrial School. 1897. Saskatchewan Archives Board. In A National Crime. Fig. 2: Department of Indian Affairs. Thomas Moore after Tuition at Regina Indian Industrial School. 1897. Saskatchewan Archives Board. In A National Crime. ◻ The type of school that Aboriginal children attended depended on the time and place in which they lived. ⬜ At least 139 different residential schools have been identified. ◻ First Nations, Metis and Inuit children were forced to attend these schools, some of which were hundred of miles from their home. ◻ Failure to send Aboriginal children to residential school often resulted in punishment of the parents, including imprisonment. ◻ Interactive Map The Children ◻ Extremely vulnerable – some taken as young as four years old. ◻ Separated from siblings by gender and age ◻ Prohibited from wearing traditional clothing, long hair or using Aboriginal language, at all times. ◻ Physically, psychologically and emotionally compromised by inadequate food, clothing, and shelter (overcrowding) provided by the schools. ◻ Susceptible to constant outbreaks of influenza and tuberculosis. ◻ Subjected to corporal punishment, beatings and confinement. ◻ Sexual abuse – lack of oversight combined with low level qualifications often attracted people unsuited to work with children. ◻ Separated from their families and prohibited from speaking their native languages and practicing their culture, the vast majority of the over 150,000 children that attended these schools experienced neglect and suffering. ◻ Aboriginal children in class. ⬜ Roman Catholic Indian Residential School, Fort George, Quebec, 1939 ⬜ Photography: Archives Deschalets The Experience and Education ◻ Often teaching staff had no professional training. ◻ Quality of education was very low and few students found themselves prepared for life after school. ◻ Students often spent majority of their day doing manual work and receiving religious instruction. Little time for academic subjects. ◻ Typically received vocational training (e.g., homemaking, basic farming and common labour) ⬜ Under the guise of “apprenticeship” programs, students were often forced to apply their skills, e.g., selling produce in local markets, working as hired laborers, housekeeping in private homes in order to subsidize the under-funded schools. The Experience and Education ◻ A misconception that Aboriginal children arrived at residential schools uneducated. ⬜ Received previous education from parents and Elders that enabled them to thrive in Aboriginal cultures. ⬜ Traditions and ceremonies play a significant role in helping them develop the physical, mental, emotional and spiritual aspects of their identities. ⬜ The Three Ls (Looking, Listening, Learning) emphasized experiential learning. ⬜ Approach to education favours guidance and mentoring over the European model of corporal punishment. Impact ◻ All residential-school children shared one thing in common: the loneliness they endured. ⬜ Physically isolated from their homes and culturally isolated from their communities. ◻ Estimated 6,000 children died while in the care of the schools, due to malnourishment, disease, overexposure, physical abuse and suicide. ⬜ Many were taken from their families and were never seen by them, again; parents never knowing what happened to their children. ⬜ An Aboriginal child in a residential school in Canada had a higher risk of dying than a Canadian soldier fighting during World War II. Taken From: http://wherearethechildren.ca/en/timeline/research/ ◻ Many Survivors were not equipped with the skills to become loving partners and parents, and had difficulty expressing parental love; many did not know how to handle conflict in a constructive way. ◻ When these Survivors became spouses or parents, they did not always interact with others appropriately. The abuse and neglect that Survivors suffered at the schools often resurfaced in their own relationships, where the abused became the abuser. ◻ This perpetuated a cycle of violence within families, and produced generations of “broken children,” many of whom also went on to attend residential schools. As parents struggled with the trauma of their own residential school experiences, they remained powerless to prevent the same from being visited upon their own children when it was their time to attend residential school. ◻ Escalating social problems in Aboriginal communities, as well as conflicts between Aboriginal groups and the federal government (e.g., Oka Crisis) in the mid 1990s brought greater attention to the destructive legacy of the residential school experience. ◻ A dialogue was created between Survivors, Aboriginal communities, the federal government, and everyday Canadians ◻ In this climate of disclosure and dialogue, in 1996, the Royal Commission on Aboriginal Peoples was created to investigate the effects of residential schools upon generations of Aboriginal people. ⬜ It revealed an overwhelming link between the social crisis of Aboriginal communities and the Residential School System. The Apology ◻ In 2008, PM Harper apologized on behalf of Canada to the Survivors of the Residential School System. ◻ Other groups involved in the cultural genocide have also come forward: ◻ Anglican Church Apology ◻ Presbyterian Church Apology ◻ RCMP Apology ◻ United Church Apology ◻ For some Survivors, the various statements of regret, and/or apology offered by the churches and government for their involvement in the residential school system have started the process of reconciliation. The Legacy ◻ The impacts of sexual, mental, and physical abuse, neglect, shame, and deprivation endured at Indian residential schools continue to affect generations of Survivors, their families, and communities today. ◻ Healing is a long-term process that occurs in stages, starting with the Survivor and expanding to include the whole community. ◻ Intergenerational impacts of the Residential School System – the legacy of poverty, ineffective parenting, abuse, grief, and health issues – can appear in the entire community, not just the lives of the Survivors. ◻ It has accurately been described as cultural genocide. The Outcome ◻ As interest groups pressured the government to address Survivors’ concerns, a number of class-action lawsuits were initiated ◻ After negotiation, the Government of Canada implemented the “Indian Residential School Settlement Agreement”, in 2007. ⬜ The agreement provided for Survivor restitution, as well as a number of financial initiatives and programs, including the Truth and Reconciliation Commission (TRC). Truth and Reconciliation Commission ◻ Formed in 2008 ◻ Purpose is to learn and record the truth about what happened at residential schools, educate Canadians about this time in our history, and bring forward a process of reconciliation between Aboriginal people and non-Aboriginal Canadians. ◻ WATCH THIS → What is reconciliation? ◻ In December 2015, the TRC released its final report, with 94 specific “Calls to Action”. Why This Matters ◻ Why does it matter since today, all of the schools have been closed, and much has been done to try to repair the damage caused to generations of Aboriginal Peoples? ⬜ Healing agencies and government support have been provided. ⬜ Apologies have been made, and compensation has been given to the victims of abuse. ◻ Why is this issue important to all Canadians? ◻ Why should it matter to those who didn’t attend residential school? Taken From: http://www.legacyofhope.ca/get-involved IT MATTERS because it continues to affect First Nations, Inuit and Métis families–people from vibrant cultures who are vital contributors to Canadian society. IT MATTERS because it happened here, in a country we call our own–a land considered to be a world leader in democracy and human rights. IT MATTERS because the Residential School System is one of the major causes of poverty, homelessness, substance abuse, and violence among Aboriginal people–devastating conditions that are felt and experienced by our neighbours, friends, and community members. IT MATTERS because Aboriginal communities suffer levels of poverty, illness, and illiteracy comparable to those in developing nations–conditions that are being perpetuated through inaction. IT MATTERS because we share this land. We may not be responsible for what happened in the past, but we all benefit from what First Nations, Inuit, and Metis have had to relinquish. We are responsible for our actions today. Video ◻ Watch video (below), with the remaining time in the period. ◻ Stolen Children | Residential School survivors speak out (Approx. 18 minutes) Homework 1. Read and annotate the TRC report article (Dec. 15, 2015). Note the name of the residential school in the picture. 2. Read the poem, I Lost My Talk, by Rita Joe. ⬜ Try to feel the emotions of the writer, and imagine the setting that Rita Joe expresses through her words. ⬜ Respond to the reflection questions, and be prepared to share your ideas, next class. Day 2 1. Share reflections from poem activity. 2. Introduce Survivor Testimonial activity and navigating the website: http://wherearethechildren.ca/en/stories/ 3. Move to Computer Lab so students can complete work independently. Homework: ◻ Complete the Road to Reconciliation worksheet and reflection questions, using your political thinking skills, and the Truth and Reconciliation Report: Calls to Action document. Day 3 ◻ In Indian Residential schools, Aboriginal children separated from the parents, siblings, communities and cultures suffered from feelings of deep loneliness, spiritual emptiness, and a sense of abandonment. ◻ This struggle was made worse as the children struggled with the need to learn a new language, and the stress of living in an unsafe environment. ◻ The effects of abuse and neglect were profound. Many children dies of disease due to poor living conditions. Some children died from severe beatings. Out of despair, others took their own lives. Still others died without ever seeing their parents again. ◻ Such were the “good living conditions” that officials claimed existed at the schools, and most Canadians believed to be true. Indian Residential Schools: A Propaganda Production ◻ Watch the video at the following url: https://www.youtube.com/watch?v=s_V4d7sX oqU. ◻ It is a brief film, created in 1955, to show Canadian citizens the benefits of the Indian Residential School system on Aboriginal children. ◻ Note how the film contrasts what actually occurred at the Indian Residential Schools. Article Reflection ◻ Hand out and read the article, Truth and Reconciliation in Canada, by Craig and Marc Kielburger, as a class. ◻ Discuss the following: 1. What do you think a Survivor has to gain from sharing their experiences from an Indian Residential School? 2. “If Canada truly wants reconciliation…the responsibility lies now with all of us”. What can we do to show our support? Assignment ◻ Hand out the Letter to My Representative assignment outline, and go over details as a class, including Success Criteria and Assessment Rubric. ◻ Students spend remainder of period completing assignment, independently. Homework Work on Letter to My Representative Assignment. This will be due TBA Today’s Learning Goal(s): ◻ We are learning to appreciate how the branches of government help ensure political stability in Canada. ◻ I will be able to identify the functions of the branches of government using case studies. Branches of Government ◻ We have discussed that Canada’s government is divided into three levels, to spread out its responsibilities: 1. Federal 2. Provincial/Territorial 3. Municipal (Local) ◻ The powers of Canada’s government are also separated into three branches. ◻ This three-branch system is common in other democratic governments, e.g., ◻ The idea is that each branch acts as a check/balance on the powers of the others. 338, now! --> The Three Branches Legislative Executive Judicial Responsibilities of the Branches 1. Executive: ⬜ To make decisions and implement them; to run government departments. 2. Legislative: ⬜ To introduce, debates and pass laws. 3. Judicial: ⬜ To interpret and enforce the laws. Let’s look at an example: ◻ Imagine a teacher, Mr. Pagano, has given his class a work period. ◻ Unfortunately, some students in the class are not focussing on the task that has been assigned. ⬜ They are talking and walking around the classroom, distracting other students. ◻ Mr. Pagano announces that if all the students do not start working on the task, there will be consequences. ◻ This is an example of Mr. Pagano exercising his executive power. ◻ He is making and implementing a decision to help the classroom run smoothly. ◻ The class is quiet, and all of the students are on task, for a while. ◻ Then, a brave student decides to challenge the new rule. She turns to the person behind her, and starts talking. ◻ Mr. Pagano announces that there will be no more talking or moving around the classroom for the remainder of the period. If a student is caught talking or moving, they will receive a detention. ◻ This is an example of Mr. Pagano exercising his legislative power. He made a new rule (law) for the classroom. ◻ Sometime later, another student sitting close to you starts talking. Mr. Pagano turns to you and says, “you now have a detention!” ◻ “But, sir,” you say, “I wasn’t the student who was talking.” ◻ With the entire class looking on, Mr. Pagano will have to decide if the noise was caused by you or another student. ◻ Mr. Pagano must exercise his judicial power. He must judge your guilt/innocence and decide the appropriate consequences in this situation. Activity ◻ Complete the “Which Branch Is It?” activity, independently. ◻ Take up as a class after sufficient time has been given. Homework Activity: Read textbook p.29-30 and use the information to complete the following: Identify each of the following people and something significant that each of them has accomplished: ⬜ Lincoln Alexander ⬜ Hilary Weston ⬜ James Bartleman ⬜ Ken Dryden Today’s Learning Goal(s): ◻ We are learning to describe the roles and responsibilities of key positions within the House of Commons. ◻ I will be able to assess the significance and civic contributions of particular individuals in Canada. We have already discussed roles within the Executive Branch Governor General (federal) Prime Minister and Cabinet (federal) Premier and Cabinet (provincial) Lieutenant Governor (provincial) ◻ Note: ⬜ The Yukon elects a Premier, but NWT and Nunavut have governments not affiliated with any political party (non-partisan). A council of advisors selects the Premier in these territories. Now, let’s discuss the legislative branch Overview of Canada’s Branches of Government ◻ Look over the overview, noting the key players in the executive branch. ◻ Today, we will be looking at the legislative branch, particularly the House of Commons. What is the Legislative Branch? ◻ The legislative branch of Canada is known as Parliament, and it is composed of two parts: 1. The House of Commons 2. The Senate Parliament Hill →→ Ottawa, Ontario The House of Commons ◻ Comprised of the members of parliament (MPs) who have been elected in the 338 separate ridings (electoral districts) across Canada. ◻ Although it is referred to as the “Lower House”, the House of Commons is the dominant half of the Canadian Parliament. ◻ The Prime Minister and Cabinet must retain the support or “confidence” of a majority of members of the Lower House to remain in office. ◻ If the legislature loses faith in the executive branch, the executive must resign. House of Commons Chamber Who is in the House of Commons? ◻ Most MPs are affiliated with political parties; however, some are independents. ◻ See the MP breakdown on the next slide. ◻ The political party with the most elected MPs becomes the government of Canada. ◻ They have the most “seats” in the House of Commons. ◻ The leader of this political party becomes the prime minister. Who is in the House of Commons? ◻ Breakdown of MPs according to political party affiliation. ◻ https://en.wikipedia.org/wiki/42nd_Canadian_ Parliament Passing a Law ◻ All 338 MPs, who represent constituents (voters and non-voters) in the 338 ridings across Canada, have a say when it is time to pass a new law. ◻ Cabinet ministers in the executive branch usually put forth a bill in the hopes that it will be passed into law. ◻ In order to pass a bill into law the government needs to have the support of the majority of MPs, that is one half of the MPs plus one member: ⬜ 338 divided by 2 is 169. ⬜ Therefore 170 votes (to 168) is needed for a majority. Passing a Law Liberal seats - 184 Votes needed for law 170 ◻ This is why a majority government tends to be more efficient, as the majority of MPs are very likely to support a bill that the executive branch puts forth. ◻ If the government does not get the majority of MPs to support a bill, then it can result in a vote of non-confidence, implying that the majority of people do not support the government. ◻ Therefore, the PM and Cabinet would have to resign and a new election would be called. Key people and components in the House of Commons ◻ Leader of the Official Opposition: ⬜ The leader of the political party that has the second highest number of seats in Parliament. ◻ The Bar: ⬜ A brass rod that acts as a barrier at the entrance of the Chamber of the House of Commons. ◻ The Mace: ⬜ The Mace is a symbol of the authority of the House of Commons, given by the monarch. ◻ The Hansard: ⬜ An official, published recording of everything said in the House of Commons. The Mace and Bar ◻ On April 17, 2002, angry with the outcome of a vote on his private Member’s bill, a Canadian MP grabbed hold of the Mace. ◻ This action was considered to be in contempt of the House. ◻ A week later, the MP had to appear at the Bar and apologize to the House for his actions, before entering again. The Speaker ◻ The Speaker of the House is elected by all the MPs (338) in Parliament. S/he can be compared to a referee (see next slide). ◻ The Speaker must act in a non-partisan (not politically affiliated) manner. ◻ Geoff Regan is the current Speaker of the House of Commons. ⬜ Member of parliament for Halifax West. ⬜ Under Paul Martin, he was Minister of Fisheries and Oceans from 2003 to 2006. The Speaker’s Duty ◻ The Speaker’s job centres around a 45-minute Question Period, in which the opposition tries to “embarrass” or “derail” the Government. ◻ The MPs can’t question each other directly, they have to direct their question and comments through the Speaker, referring to each other as “the Honourable Member from (name of riding)”. ◻ 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. ◻ During the 2014 shootings at Parliament Hill, the then Sergeant-at-Arms, Kevin M. Vickers, shot and help kill a gunman who had entered the Parliament buildings. ◻ The following day, Parliament was back in session, and this is how it began (20 minutes). Homework: ◻ Read textbook p.35, and take notes on the following: 1. Definition: political patronage 2. What is the senate? (Use text glossary) 3. Describe some of the responsibilities of Canadian senators. Today’s Learning Goal(s): ◻ We are learning to describe the responsibilities and composition of the federal Senate. ◻ I will be able to use political thinking skills to reflect on the issue of senate reform. Why was the Senate Created? ◻ The Senate, which came into being through the Constitution Act of 1867, was originally meant to act as a balance to the unchecked democracy of the House of Commons. ◻ It would act as a “sober second thought” to any irresponsible bill, proposed by the public through their representatives. The Senate ◻ Lower House of Parliament = H.O.C. ◻ Upper House of Parliament = Senate ◻ 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. They must retire at 75 years old. ⬜ The idea is that Senators will be in a position to safeguard the interests of all Canadians. The Thrones and the Senate Chamber Powers of the Senate ▪ In theory, the senate has a lot of power: it can introduce any legislation that does not involve government spending or raising of taxes. ▪ It can amend (change) or reject any bill proposed in the House of Commons. The Senate rarely opposes the will of the Lower House. Powers, continued ◻ The main contribution of Senators is committee (meeting) work: ⬜ It examines bills, and listens to the concerns of groups and individuals affected by them, trying to meet the needs of the people. ◻ The Senate also investigates widespread issues like poverty, unemployment, the plight of elderly people, aboriginal affairs and science policy. ⬜ This research and reporting has influenced many changes to law and policy. Who and How Many? ◻ Under the constitution, each province is entitled to a specific number of senate seats: 24 seats – Ontario 24 seats – Quebec 24 seats – Maritime provinces Nova Scotia (10); New Brunswick (10); P.E.I. (4) 24 seats – Western provinces Manitoba (6); Saskatchewan (6); Alberta (6); B.C. (6) 6 seats – Newfoundland and Labrador 3 seats – Territories Nunavut (1); Northwest Territories (1); Yukon (1) 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. ◻ Recently, the Senate has faced the “expenses scandal,” which concerned the inappropriate expense claims of certain Senators, such as Patrick Brazeau, Mike Duffy and Pamela Wallin. ◻ Public's reaction to the senate scandal The Triple E Senate ◻ The Triple-E Senate is one idea to reform the Senate. 1. Elected: Senators would be elected, instead of appointed. 2. Equal: An equal number of Senators from each province. 3. Effective: Give the Senate similar powers to members of parliament. Senate Article ◻ Read the article on Senate reform, and answer the attached questions, independently. Homework: ◻ Read textbook p.35-36 and p.38-39. Take notes on the following: ◻ Definition: MPP 1. How are the provincial legislative assemblies similar to the federal Parliament? 2. How are they different? 3. What is the Supreme Court of Canada? 4. What is a ‘court of appeal’? Today’s Learning Goal(s): ◻ We are learning to compare/contrast the legislative branches of the federal and provincial governments. ◻ I will be able to use political thinking skills to reflect on issues related to the judicial system. Legislative Assemblies ◻ Provinces/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. ◻ However they don’t have a Senate. ◻ Each province and territory has courts and courts of appeal. The Judicial Branch ◻ This branch deals with the court system, the interpretation of laws, and the administration of justice. APPEAL LAW Apply to a higher court for a reversal of the decision of a lower court. "He said he would appeal against the conviction." The Provincial Courts First level of court. The Provincial Court hears most criminal cases. It also hears cases involving children under 18 years of age (called young offenders) who have been charged with committing a crime. The Provincial Court also hears cases that do not involve criminal law. It hears: - Many family law cases (but not divorce or division of property used by the family). This is called Family Court. You can find out more about Family Court here. - Civil cases where the amount of money being claimed is between $5,001 and $35,000. This is called Small Claims Court. - Cases that involve traffic offences The Supreme Court of Canada ◻ The Supreme Court consists of a chief justice and eight judges (three from Quebec) who are appointed by the PM. ◻ Canada’s Supreme Court is the world’s most gender-balanced national high court. Currently, four of the nine members are female. The Supreme Court of Canada ◻ The highest court in Canada; if you are appealing your case, the Supreme Court is your last stop; their decisions are final. ◻ The Supreme Court can review any case it wants to from a lower court, especially if it affects the nation or the Constitution. The Justice Factory ◻ Read the “Justice Factory” article, and answer the reflection/comprehension questions on the handout. Homework: ◻ Read textbook p.69-70. ◻ In your own words, summarize each stage of the passing of a federal bill into a law. Today’s Learning Goal(s): ◻ I will be able to identify the sequence of steps of turning policy into law. ◻ I will be able to use political thinking skills to reflect on the process of turning process into law. The process of turning policy into law: House of The Royal Common Senate Assent s ◻ The process of policy becoming law is similar for all levels of government; ⬜ however, only the federal level has a Senate. ◻ By examining the federal level policy-to-law stages, it is possible to trace the process at the other levels. Stage #1: An Idea ◻ First, the prime minister, cabinet ministers (and other MPs) discuss and decide which policies they want to become official laws. ◻ Cabinet ministers must make sure selected policies associated with their portfolios are carefully planned out by the civil servants in their departments. A bill will be drafted. ⬜ Bill: A written proposal for a law. ◻ All members of the Cabinet must support this bill. ⬜ If they don’t, they must resign! Stage #2: First Reading ◻ Purpose: ⬜ To introduce the bill to the public. ◻ The minister responsible for the bill presents it to the House of Commons. ◻ At this point, it is not discussed, debated or voted on. It is just read aloud. Stage #3: Second Reading ◻ Purpose: ⬜ To debate the general strengths and weaknesses of the bill. ◻ At this stage, all the MPs can question the bill’s purpose, details and consequences. This debate and questioning can take hours, days or weeks. Stage #4: First Vote ◻ Purpose: ⬜ To vote on whether the bill has enough promise to move to the next stage in the process. ◻ After the debate in stage #3, the bill is voted on. If passed, it moves to the committee stage. Stage #5: Committee ◻ Purpose: ⬜ To fix specific details in the bill. ◻ The bill is studied and scrutinized “clause by clause” by a standing committee: ⬜ A group made up of MPs from all parties. It may recommend amendments (changes). ◻ It may recommend changes to wording and details. Stage #6: Second Vote ◻ Purpose: ⬜ To vote on whether the changes and amendments to the bill are acceptable. ◻ The bill is sent back to the House of Commons, and any amendments are introduced, debated and voted on. ◻ If the bill does not pass, then it is a vote of non-confidence, and the prime minister and cabinet must resign. Stage #7: Third Reading and Vote Purpose: To discuss and vote on the final form of the bill. The bill is read (with the changes) for a third time in the House of Commons. There can be more debate and proposed amendments. If not, a final vote is taken. First Second Third Introduction Committee Reading Reading Reading The Senate Royal Assent Stage #8: The Senate (federal only) ◻ In the Senate, the bill goes through the same stages as in the House of Commons. ◻ If they propose changes, the revised bill goes back to the House of Commons for another vote. ◻ By tradition, the Senate usually approves bills proposed in the House of Commons. First Second Third Introduction Committee Reading Reading Reading First Second Third Introduction Committee Reading Reading Reading Royal Assent Stage #9: Royal Assent ◻ The governor general signs the bill, turning it into law. ◻ By tradition, s/he will not refuse to give royal assent: ⬜ the blessing of Queen Elizabeth II. Policy-to-Law Activity ◻ Complete the handout, and take it up as a class, after sufficient time has been given. Homework: ◻ Read textbook pages 71-74, and answer the following question, on a separate piece of paper: ◻ Describe these ways in which you can be heard by governments: 1. Contacting your representative 2. Youth wings of political parties 3. Public opinion polls Today’s Learning Goal(s): ◻ I will be able to describe ways in which government laws impact my life. ◻ We are learning how the government can be seen as a ‘super parent’, as well as ways in which we can influence the rules. ◻ I will be able to use political thinking skills to explain why rules are followed, using real-world examples. “WHY DO WE HAVE LAWS? GOOD PEOPLE DO NOT NEED LAWS TO TELL THEM TO ACT RESPONSIBLY, WHILE BAD PEOPLE WILL FIND A WAY AROUND THEM. " ~Plato How do the laws affect you? ◻ In the space provided on the handout, identify all the laws of our society that you are expected to follow; for example, wearing a seatbelt. ◻ Try to come up with as many as you can, and be prepared to share some of your ideas with the class. The “Super Parent”? ◻ In some ways, government acts as a super-parent. How? 1. Like a parent, the government should be concerned with everyone’s well being and “best interests”. 2. Like a parent, the government sets the laws (i.e., rules). The “Super Parent”? continued 3. A person may disagree with the laws of the government, just like a child might disagree with the rules set by their parents. 4. Finally, a person (or people) may be able to convince the government to change the law(s), just like a child might get their parents to change the rules. How can you get government to change its laws? ◻ Being informed: Reading, viewing, and listening to current issues and relevant ideas. ◻ Becoming involved in government activities: Attending meetings and youth wing events. Participating in public opinion polls and surveys. Voting! ◻ Communicating with government officials: Contacting elected representative(s) responsible for your area of concern. ◻ Attending demonstrations: Show support for, or protest against, relevant ideas and actions. Rules ◻ There are rules to follow virtually everywhere; for example, home, school, public, traveling. ◻ Why do we have rules? ◻ Ideally, rules are put in place to keep people safe and secure, and to ensure “things” run smoothly. ◻ Rules vary, from situation depending on: ⬜ Values: Qualities that a person considers important. ⬜ Beliefs: What a person accepts as a true. Personal Opinion Activity ◻ Answer the questions on the handout relating to why rules are followed. ◻ Be sure to use at least one specific law to support your opinion. Homework: ◻ Read textbook p.45-50, and create a note that includes the following: 1. Definition: bylaw 2. Identify three ways in which Toronto (local) bylaws affect your daily life. 3. Identify two Ontario (provincial) laws that affect your daily life. 4. Identify one federal law that affects your daily life. Today’s Learning Goal(s): ◻ We are gaining an appreciation for how laws, at different government levels, can impact our lives. ◻ I will be able to use political thinking skills to reflect and report on an issue of civic importance. AT EACH LEVEL OF GOVERNMENT, THERE ARE LAWS THAT AFFECT US. Municipal (Local) Laws: ◻ Laws, passed by local governments are called bylaws. ⬜ Examples: Noise levels, parking areas, zoning laws (e.g. arcades must be a certain distance from schools). ◻ Different cities and towns have different bylaws (some can odd). Can you think of any? ◻ Of all laws, local bylaws may impact our daily routines the most. Stick-Handling Complaints ◻ Some communities have bylaws that prohibit the playing of games (such as hockey, skateboarding) on public streets. ◻ This bylaw is usually not enforced, unless a citizen makes a complaint. So remember to be polite and courteous to your neighbours!!! ◻ In 2002, in Hamilton, Ont., the man was charged for playing hockey in the street with his two young sons. He faced a maximum of penalty of Just kidding. A maximum LIFE penalty of $2000. The IN PRISON!!!!!!!!!!!!!!!!!!!! judge dropped the charge, citing lack of evidence. Pet Smart ◻ Pet lovers are also restricted by bylaws. ◻ In most communities, you are required to clean up after your pet. ◻ Some municipalities ban certain kinds of pet ownership (e.g. Kitchener, pit bulls, 1997) ◻ Some communities forbid the ownership of “exotic” pets (often defined as a species that is not a dog or cat or a traditional pet, and is not native to Ontario). ◻ In some municipalities, cats are not allowed outdoors unless they are on a leash. Environment Friendly ◻ In recent years, many municipalities have passed bylaws relating to the environment. ◻ Many ban pesticide/herbicide use on lawns. ◻ Many require the separation of wastes into recyclables and landfill materials. ◻ Some municipalities have separate collections for organic scraps or food wastes. ◻ The Town of Markham has its own Kyoto Task Force urging local citizens to be “leaders in reducing emissions and set new standards for protecting the environment.” Provincial/Territorial Laws and Regulations ◻ Provincial laws can also affect our daily lives, e.g.: 1. The province of Ontario prevents you from buying cigarettes, cannabis or consuming alcohol until you are 19 years old. 2. If you wish to drive, you must hold a G1 driver’s license for at least 8 months after your 16th b-day. 3. You must pass several road tests before being granted full driving privileges. 4. The province also insists you pay sales tax on most (e.g. not medicine, children’s clothing, etc.) items purchased. Federal Laws and Regulations ◻ Sometimes, we may think the federal laws are the most removed from our lives, yet, at times, they can have the most dramatic impact. ◻ Criminal law, for example, is the responsibility of the federal government. Copyright Laws 1. Read textbook p.53 (“The Canadian Copyright Act” section). 2. Then read the “Face Off: Downloading Music from the Internet” article on p.52. 3. On a separate piece of paper, answer Questions 1 and 3 (from p.52), and also add a response to the following: 4. Napster is no longer a file-sharing website. With regards to the issue of illegal downloading, what has changed since 1999? Homework: ◻ Finish Copyright Laws activity, if not completed in class. ◻ Review new concepts from today’s lesson. Today’s Learning Goal(s): ◻ I will be able to use political thinking skills to reflect and report on my concept of ‘freedom’. Freedom clip ◻ What is freedom? Reflecting on Freedom ◻ Collect a reflection sheet from your teacher, and attach it to your binder Table of Contents. ◻ Independently, answer the questions with sufficient detail and full sentences. ◻ If time remains, your responses may be shared with the class. I Have a Dream Clip ◻ Start around 2:20 Homework: ◻ Read textbook p.96-98, and create a note which includes the following information: 1. Definition: Rights, responsibilities 2. How do the Human Rights Code/Canadian Human Rights Act and Canadian Charter of Rights and Freedoms protect your rights? 3. There are ‘reasonable limits’ on our rights and freedoms. Explain what this means. Today’s Learning Goal(s): ◻ I will be able to analyse key rights and responsibilities associated with Canadian citizenship. ◻ We are learning how Canadians have legal guarantees for their rights. ◻ We are learning to appreciate why there are ‘reasonable limits’ on the rights of Canadians. What right do they want? Do you have the right to party? Rights and Responsibilities ◻ Right: Something that you are morally or legally entitled to. ⬜ Example: The right to vote, in a democracy. ◻ Responsibility: Something for which you are accountable (expected to do). ⬜ Example: The responsibility to vote, in a democracy. A Foundation of Democracy ◻ By definition, a democracy is a system of government in which individuals have a say in how the society is run. ◻ In order to be successful, a democracy must respect the rights of citizens, and also encourage responsibility of the people, through active citizenship and participation. Legal Guarantees ◻ In a democracy, the rights and responsibilities of the people should be guaranteed, through legal frameworks. ◻ In Canada, our rights are written down, most significantly in: 1. The Canadian Human Rights Act (1977) 2. The provincial Human Rights Codes, e.g. Ontario Human Rights Code (1962) 3. The federal Canadian Charter of Rights and Freedoms (1982) Legal Guarantees, continued ◻ In Canada, our responsibilities are not so clearly defined. ◻ Our responsibilities exist more through a common understanding of what it means to be Canadian. ◻ It helps to know that every right implies a corresponding responsibility. For example: 1. The right to drive, in Ontario, comes with the responsibility of meeting the requirements to get a valid license, passing driving tests, and following the rules of the road. 2. You have the right to be treated with dignity, and you have the responsibility to treat others in the same way. Provincial Human Rights Code ◻ The Ontario Human Rights Code: ⬜ a provincial law that guarantees everybody equal rights and opportunities in specific areas such as jobs, housing and services. ◻ Its goal is to prevent discrimination (unfair treatment that is based on prejudice rather than respect for equality and individual worth) and harassment because of: Race, Colour, Gender, Age and 12 other grounds!!! The Canadian Charter of Rights and Freedoms (1982) ◻ A federal-level document guarantees certain rights of people in Canada, from the policies and actions of all levels of government. ◻ A freedom is a right that does not impose duties on the government (e.g., freedom of thought), whereas a right does impose duties (e.g. right to vote requires the government to provide candidates, elections materials, etc.). Short video ◻ While Ontario’s Human Rights Code deals with relationships between private individuals, Section 15 of the Charter deals with the relationship between government and the individual. ◻ All provincial/territorial human rights codes are subject to the terms of the Canadian Charter of Rights and Freedoms. ⬜ 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. ◻ For example… Case Study: Justine Blainey ◻ In 1981, at age 10, she won a position on the Metro Toronto Hockey League team. ◻ However, League regulations did not allow girls to play. ◻ She complained to the Ontario Human Rights Commission, and was shocked to learn that the Ontario Human Rights allowed sexual discrimination in sports. ◻ She appealed and, in 1986, the Supreme Court of Canada declared her equality rights under the Charter had been violated. In 1988, Blainey played her first minor-bantam game. She continued to play hockey with the boys until the age of 19. Ontario’s Human Rights Code was changed so that athletic organizations could no longer restrict members based on gender. “Reasonable Limits” ◻ Our rights and freedoms are not absolute. ◻ Section 1 of 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, Section 8 of the Canadian Charter of Rights and Freedoms states “everyone has the right to be secure against unreasonable search or seizure.” ⬜ In practice, this means you and your possessions cannot be searched unless police officers have a warrant or good reason to search. ◻ However, in some situations, you have fewer rights than you would in other circumstances. ◻ For example, even though you are protected from unreasonable search and seizure in Section 8 of the Charter, teachers and other school authorities may search you and your belongings, in order to provide a safe environment while maintaining order and discipline in the school. ◻ When creating laws and regulations, the government will often use the guideline of what a “reasonable person” would do. ◻ Reasonable limits: limitations of rights and freedoms to which a “reasonable person” would agree. ◻ For example, even though your freedom of speech is covered in the Charter, the government believes a “reasonable person” would not argue that this should not include yelling, “Fire!” in a crowded area. Homework: ◻ Read p.102-108, and create a note that includes the following: 1. Definition: democratic rights, legal rights, equality rights, disability rights 2. Example: democratic right, legal right, equality right, disability right. Today’s Learning Goal(s): ◻ I will be able to demonstrate an understanding of key rights of citizenship in the Canadian constitution. ◻ I will be able to identify examples of violations of rights and freedoms in Canada. Rights and Responsibilities ◻ Use the Canadian Charter of Rights and Freedoms handout to complete the activities (chart, case studies) Homework: ◻ Read textbook p.99-101, and create a note which includes the following: 1. What are “Charter Freedoms”? 2. What are some examples of “Charter Freedoms”? Today’s Learning Goal(s): ◻ We are learning to appreciate fundamental freedoms in Canada, and the impact they may have on our daily lives. ◻ I will be able to use political thinking skills to reflect and report on issues related to my fundamental freedoms. Freedom of Religion ◻ As Canadians we all have the freedom to practice the faith of our choice ◻ Society cannot force us to be of a certain faith. ◻ However, if a religious practice threatens the well-being of citizens, they may be limited. For example, courts can decide if religious freedoms are reasonable. Examples ◻ Until 1988, public schools in Ontario began the day with Christian prayers – the courts ended this practice after citing it conflicted with people freedom of conscience of religion. This is also the reason for changing Sunday closing laws for businesses. ◻ In 1994, in Quebec, the Human Rights Commission ruled that public schools could not force students to remove their hijabs – this freedom of religious expression was protected ◻ Sometimes, a religious practice threatens the wellbeing of citizens, and so there are limits on the freedoms, for example, seriously ill children have been removed from the custody of their Jehovah’s Witnesses parents who refused permission for life-saving treatment on religious grounds. In this case, the courts decision to limit religious freedom was deemed “reasonable”. Freedom of Expression ◻ You are free to think whatever you like. And, you are free to express your thoughts and beliefs; however…. ◻ The Canadian courts have put “reasonable limits” on your freedom of expression, for example, you cannot express something that violates the rights/freedoms of others. ◻ Cigarette companies cannot advertise their products in Canada – Why, and how do they get around that law? Example ◻ A 16 year old Ontario youth was arrested and spent 34 days in jail after writing a fictional short story about a teen who tries to blow up his high school in revenge for bullying. He read the short story, “Twisted,” in his Grade 11 drama class in 2000. Police said the story included death threats. ◻ Do you think the boy should have been arrested? Was his right to freedom of speech infringed? Schools and Freedom of Expression ◻ At school, to create an environment conducive to learning, students are allowed as much self-expression as possible; however, if a student’s behaviour or work threatens student safety or threatens the positive climate in schools, self-expression is limited. ◻ Dress codes, for instance, are legally viable; courts have allowed schools to set limits on appropriate dress: Why do you think that is? Schools and Freedom of Expression ◻ Books and literature are also monitored by schools but the courts have the final say if the school’s decision runs counter to the Charter ◻ For example, in 2002 the Supreme Court of Canada ruled that a British Columbia school board should not ban Kindergarten and Grade one books that depicted same-sex parents. The Details ◻ While the Charter identifies your basic rights, the Canadian courts, especially the Supreme Court, clarify those rights. ◻ For example, what does it mean, “not to be subjected to any cruel and unusual treatment or punishment”?, or what exactly does “the equal protection and equal benefit of the law”? ◻ These are not easy questions; however, by responding to the cases brought before them, the courts have been addressing and answering these questions since the Charter was created in 1982. Workbook Activity ◻ Read textbook p.110, and answer questions 3-4 on a separate piece of paper. ◻ Take up in class, if time remains in the period. ◻ Derek- Right to freedom of conscience and religion has been violated. ◻ Mary – Right to privacy has been violated. Privacy rights are covered under the Privacy Act. ◻ Tim – According to the YCJ Ac, his identity should not be made public; however, in extraordinary circumstances, by judge’s permission, young offender suspects may be identified. ◻ Ella – Police cannot enter a dwelling place without a warrant or compelling reason. In this case, police did not receive permission, contrary to the Charter. ◻ Sheema – Right to freedom of conscience and religion has been violated. ◻ Dina – Right to equal benefit of the law without discrimination has been violated ◻ Dave – Right to be secure against unreasonable search or seizure does not apply to schools. Dave’s rights have not been violated. 4.Paula has a right to her beliefs, but she also has a responsibility to respect the symbols of her country. She may need to consider the importance of showing general respect for the national anthem as an issue separate from her concern about the specific lyrics in the song. Paula may be able to demonstrate her disagreement with the words in the anthem in other ways, e.g., she might work on creating new lyrics that are more in keeping with her personal beliefs. Workbook Activity 1. Read textbook p.105 (FACE OFF). 2. Answer questions 1-2 on a separate piece of paper. 3. What is ‘corporal punishment’? 4. What “rules” did the Supreme Court create in 2004, regarding corporal punishment for children? 5. Do you agree with the 2004 Supreme Court ruling that parents can apply “reasonable force” to their children? Explain. Homework: ◻ Read textbook p.112-115, and create a note which includes the following: 1. Definition: rule of law, prosecution, bail, 2. The two goals of the Canadian judicial system. 3. A selection of (at least) three fundamental legal rights that you think are particularly important. 4. (At least) three reasons why confidence in the justice system has waned (decreased) in many democracies around the world. Today’s Learning Goal(s): ◻ We will be able to describe how the justice systems helps protect the rights of individuals and the public good in Canada. ◻ I will be able to appreciate reasons for an Aboriginal justice system in Canada, and use political thinking skills to reflect and report on its key components. The Judicial System ◻ The Canadian judicial system tries to achieve two goals: ⬜ 1) to ensure society operates in a peaceful and orderly manner ⬜ 2) to balance the need for social order with respect for the individual rights of the citizens. Not all societies do this – authoritarian governments impose social order through harsh laws, the use of police/military force, and limited rights of those accused. Which of the two goals do you think is more important? Fundamental Legal Rights ◻ In a democracy, all citizens are equal before the law. This is called the Rule of Law. ◻ Fundamental legal rights are clearly stated in the Canadian Charter of Rights and Freedoms. Canadians have… 1. The right to be free from unreasonable searches and seizures. 2. The right on arrest or detention to be told of the reasons. 3. The right to be represented by counsel. 4. The right to have a court decide if the detention is lawful. 5. The right, on being charged, to be told the details of the offence. Canadians have… 6. The right to a trial within a reasonable amount of time. 7. The right to be presumed innocent until proven guilty. 8. The right not to be denied bail without just cause. 9. The right not to have to testify against themselves. 10. The right not to be subjected to cruel and unusual treatment or punishment. The Changing Justice System ◻ Our society is constantly changing. ◻ The legal system must change with it. ◻ Laws and legal procedures are always under review. ◻ Old laws may become outdated because of changing social values and new technologies. ◻ Where the law goes next will depend on developments in the 21st century. ◻ In many democracies, confidence in the justice system has waned. Why? 1. As democratic societies become more open and transparent, citizens are less inclined to trust their institutions. 2. High-profile trials around the world have exposed corruption or mismanagement in police departments and in the courts. 3. Free press, and the spread of information 4. Many people believe the crime rate is rising, and blame the criminal justice system. 5. People do not know much about the criminal justice system. They are often exposed to unique stories of failed prosecutions, lenient sentences and wrongful convictions, and think these are the norm. What could happen if people lose confidence in the justice system? ◻ They might be reluctant to perform their responsibilities; for example, ⬜ Reporting crimes they have witnessed ⬜ Acting as a witness during a trial ⬜ Serving on juries ◻ In many areas in Canada, Aboriginal groups operate separate systems of justice and their own police forces. ◻ There are over a million Aboriginal people in Canada, including First Nations, Inuit and Metis. ◻ One reason for this system is the abnormally high number of Aboriginal men and women in prison (under the Canadian Justice System). Canada’s prisons are the ‘new residential schools’ http://www.macleans.ca/news/canada/canadas-prisons-are-the-ne w-residential-schools/ Canada's prison watchdog says that for the first time aboriginal people make up more than a quarter of inmates in federal jails. ◻ Aboriginal People comprise about 4% of the total population in Canada. ◻ About 20% of male inmates and 30% of female inmates in federal prisons are Aboriginal. ◻ These figures are even higher in the prairie provinces, e.g. in Manitoba, more than 50% of inmates are Aboriginal. ◻ Social and economic inequalities are contributing factors, but the criminal justice system of Canada must bear some of the blame. ◻ Our system is European in origin, and it relies on the state to punish the offending individual as an example to the community. ◻ Aboriginal tradition is different. It views the offender as disturbing the harmony of the community. ◻ This harmony can only be restored when the offender understands what s/he has done, admits to the pain/hurt inflicted, and asks for forgiveness. Aboriginal Justice System ◻ The Aboriginal justice system uses sentencing circles and healing circles. 1. Healing Circle – The offender admits guilt and seeks forgiveness from the victim. The offender works toward reconciliation with the rest of the community. 2. Sentencing Circle – The offender is brought before the victim and members of the community. The victim conveys the hurt s/he has suffered. The circle or band members decide an appropriate sentence (which could range from community service to banishment for a specified time). ◻ The methods of Aboriginal justice have been used successfully in Aboriginal communities. ◻ They have also been adapted by Canada’s mainstream justice system on an experimental basis. Why? ⬜ Many Canadians believe there is not enough attention/compensation given to the victims ⬜ Lightens court load Aboriginal Justice article ◻ Read the assigned article relating to Aboriginal justice, and answer the worksheet questions. ◻ Be prepared to share your answers in class. Homework: ◻ Read textbook p.117-120, and create a note which includes the following: 1. Definition: young offender, Crown, hearsay, warrant, indictable/summary offence, adversarial system 2. A summary of how/why adults and young offenders are treated differently by the judicial system. 3. A description of the four major reasons for sentencing a guilty person. Today’s Learning Goal(s): ◻ We are learning how/why the justice system considers adults and youth differently. ◻ I will be able to identify appropriate sentences for convicted Canadians, based on provided information. ◻ We are learning to recognize circumstances that can lead to a wrongful conviction. Youth Justice ◻ The Youth Justice Act (2003) determines how young law-breakers ages 12-17 are treated. Why have different laws for youth? ◻ Based on the idea that young people are still maturing and do not yet possess the judgment of adults. How is it different? ◻ Differs from adult justice in many respects: ⬜ Degree of accountability (how responsible) ⬜ Length of sentences ⬜ Approaches to rehabilitation ⬜ Name/image not identified in the media ⬜ Forms of punishment Young Offender or Young Adult ◻ In 1997, Reena Virk was beaten and left to drown by a group of teenagers under a bridge in Victoria, B.C. ◻ The brutal killing raised a serious question: ◻ Should teenagers be treated as adults when they commit crimes of https://globalnews.ca/news/3859568/memorial-to-mark-2 0-year-anniversary-of-b-c-teen-reena-virks-death/ violence? Against Youth Justice Act For Youth Justice Act ◻ Violent crimes show a ◻ Youth need special rights shocking disregard for and consideration. human life. ◻ Youth may not ◻ Lighter sentences understand their rights diminish the victims of upon arrest and may violent crimes. waive them without ◻ Shorter sentences gives understanding what they society the message that are doing. young people will be ◻ Lighter sentences reflect excused for their the idea that youths are behaviour. more likely to be ◻ Youth often want to be rehabilitated than adults. treated as adults. ◻ Youths should not be sent to adult prisons. What do you think? Sentencing is based on several ideas: 1. Punishment of the offender to a degree that the public understands that the offence is serious. 2. Deterrence or discouraging the offender from repeating the offence. 3. Protection of the public from dangerous people 4. Rehabilitation of the offender so that s/he can rejoin society as a law-abiding, productive citizen. Wrongful Convictions ◻ The Canadian justice system is based on the principle that a person is innocent until proven guilty. ◻ Unfortunately, sometimes this principle is overlooked, and an innocent person is believed to be guilty. ◻ The Three Classic Features of Wrongful Conviction Cases: 1. A tragic event 2. A suspect who lacks power or authority 3. Suspicious evidence Article: Wrongful Convictions ◻ Annotate the article (e.g., highlight, underline) while we read it as a class. ◻ This information will be used to help you complete an assignment that will be introduced next class. Sentencing Activity ◻ Independently decide the appropriate sentence for each scenario (using the choices, provided), based on the information given. ◻ Be prepared to share your answers, if time remains in the period. Homework: ◻ Use your notes, textbook and review sheet to help you prepare for the upcoming test. Today’ Learning Goal(s): ◻ I will be able to apply my political thinking skills to effectively research, record and present information relevant to the case of a wrongfully-convicted Canadian. Assignment: Wrongfully-Convicted Canadians ◻ Read over the assignment outline, including Day 1 and 2 activities, success criteria, assessment rubric and due date. ◻ Case studies of actual Canadians will be discussed/assigned. ◻ Move to computer lab to complete Part A of the assignment, independently. ◻ On Day 2, move to computer lab to complete Part B of the assignment, independently. Homework: ◻ Day 1: ⬜ Finish Part A activities, if not completed in class. ◻ Day 2: ⬜ Finish Part B activity, if not completed in class.

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