Extra Notes Oben Conall PDF

Slide Deck 1: The Universal Declaration of Human Rights were due to the Nazis and their atrocious actions Civil Rights ○ Your rights in relation to government ○ If government restricts your rights unjustly they are restricting your civil rights ○ Voting...

Slide Deck 1: The Universal Declaration of Human Rights were due to the Nazis and their atrocious actions Civil Rights ○ Your rights in relation to government ○ If government restricts your rights unjustly they are restricting your civil rights ○ Voting No law was passed saying Black people can’t vote Instead imposed literacy tests - gave different tests based on race Civil Rights restriction - treating differently because of who you are Human Rights ○ Rights in relation to other individuals ○ Applying for a job Categorizing the human rights code Individual Rights ○ 1 - All human beings born free and equal ○ 2 - Everyone is equal regardless of race color sex language religion politics or where they were born ○ 3 - Everyone has the right to life (and to live in freedom and safety) ○ 4 - Everyone has the right to be free from slavery ○ 5 - Everyone has the right to be free from torture ○ 18 - Everyone has the right to freedom of thought conscience and religion ○ 19 - Everyone has the right to freedom of opinion and expression ○ 20 - Everyone has the right to peaceful assembly and association Assembly - right to gather together and potentially protest Association - right to form a group Legal Rights ○ 6 - Everyone has the right to be recognized before the law ○ 7 - We are all equal before the law - legal equality ○ 8 - Right to seek justice if their rights are violated ○ 9 - Right to freedom from arbitrary arrest, detention, or exile ○ 10 - Right to a fair trial ○ 11 - Right to be presumed innocent until proven guilty Not applicable ○ 12-17, 21-27, 29 Relevant ○ 28 - Right to social and international order where rights can be fully realized ○ 30 - Nobody can take away these rights and freedoms Apartheid Class structure ○ White people ○ Coloured People Mixed, South Asian  ○ Black South African - 75%+ of the population Full system of segregation Mandela - Leading member of African National Congress (ANC) Slides 2: - Rights are what is outlined in the Charter - Responsibilities are obligations - legal obligations - E.g. Parents have legal responsibility to provide necessities of life for their children - School has responsibility to act ‘in loco parentis’ - in place of parents - Privilege - driver’s license - Right - freedom of mobility - Police have to advise people of their rights during an arrest 1. Inform for reason of arrest 2. Right to retain and instruct counsel without delay 3. We will provide you with a lawyer if you don’t have one 4. Anything you say can be used as evidence 5. Do you understand, would you like to speak to a lawyer - Charter right - not to self-incriminate - Laws can be altered and changed by judicial decisions - Judicial decisions set precedent - R v Sparrow - can restrict an aboriginal right if it is for the means of wildlife conservation - Paradigm - accepted way of looking at things - Paradigm shift - same-sex marriage - David Mckinstry - 1st gay man to adopt in Canada - Set legal precedent Slides 3: Infringed ○ Government in some way has broken your charter rights Discrimination ○ Treating someone differently based on who they are (nothing negative attached to it) Equality ○ Equal treatment in law Fundamental Freedoms ○ Charter of rights (section 2) ○ Expression, Conscience, Religion ○ Association Right to join a group ○ Peaceful Assembly Right to gather and protest Inalienable rights ○ Rights are inherent  ○ Can’t be removed Proportionality ○ Trying to balance rights of people ○ Using your rights infringes on other rights Redress/Remedy ○ Solution to a rights issue (Redress) ○ Remedy is a court solution Competing rights UDHR ○ Universal Declaration of Human Rights Charter of Rights and Freedoms ○ Outlines the rights to the constitution R. v. Oakes (1986) David Oakes found with drugs and money (small amount) Charged with ○ Possession ○ Trafficking At the time called a reverse onus charge Onus means burden of proof Innocent until proven guilty pushed burden onto crown With trafficking you were guilty until proven innocent ○ Onus on David Oakes and his lawyer Does the reverse onus clause violate the “reverse onus” Trafficking ○ Transporting, selling or delivering a controlled substance Under Narcotic Control Act ○ If someone was found with a certain amount of drugs it was presumed they intended to traffic unless they could prove otherwise. Lead to development to the Oakes Test ○ Deciding if a law that limits charter rights can be justified under section 1 of the charter Section 1 ○ Reasonable limits ○ Justifiable in a free and democratic society Oakes Test ○ Need to establish that there is a pressing and substantial objective ○ Provision of law is sufficiently important to warrant overriding a constitutionally protected right or freedom ○ Does it relate to societal concerns which are pressing and substantial in a free and democratic society ○ Proportionality Test Rational Connection: Good connection between limitation of rights and objective of legislation Minimal Impairment: Does the limitation impaire rights and freedoms as little as possible Proportionality: Effects of limitation proportional to the objective Keegstra Anti-semitic holocaust denier Claimed he had freedom of conscience ○ Holocaust denier ○ Anti-semitic Claims freedom of expression ○ Has right to teach this to his students Hate crime laws exist ○ Reasonable restriction on Freedom of Expression They said that keegstra’s rights can be limited Butler Pornography When it becomes to violent and extreme