Canadian Politics Module 3 PDF

2023-01-28 Canadian Politics Module 3 T H E C H AR T E R AN D T H E C O U R TS I N D I G E N O U S PE O PL E S 1 Constitution Act of 1982 The Constitution Act 1982 is by far the most significant change in the Canadian Political system since 1987 Pierre Trudeau and the premiers of the day are...

2023-01-28 Canadian Politics Module 3 T H E C H AR T E R AN D T H E C O U R TS I N D I G E N O U S PE O PL E S 1 Constitution Act of 1982 The Constitution Act 1982 is by far the most significant change in the Canadian Political system since 1987 Pierre Trudeau and the premiers of the day are the modern Fathers of Confederation. 2 1 2023-01-28 Constitution Act of 1982 #1 Amending formulas – empowers the government of Canada to amend the country’s constitution. #2 Charter of Rights and Freedoms - a comprehensive bill of rights entrenched in the constitution #3 Rights of Indigenous Peoples – the constitution recognizes and affirms these rights #4 The equalization program – A Federal expenditure program that ensures the provinces are able to offer comparable levels of services with roughly comparable levels of taxation (schools and hospitals are run the same across the country 3 Constitution Act of 1982 This act did not replace the Constitutional Act of 1867 (formally the British North America Act) The new act made Canada totally self Governing. The two acts are not totally compatible 4 2 2023-01-28 Fundamental freedoms. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association. 5 Charter of Rights and Freedoms- Categories Fundamental freedoms. Democratic rights. Mobility rights. Legal rights. Equality rights. Official Language rights. Minority language educational rights. 6 3 2023-01-28 Democratic Rights 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. 4.(1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. 5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. 7 Mobility Rights 6.(1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province. (3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada. 8 4 2023-01-28 Legal Rights 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 9 Legal Rights – cont’d (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and 10 5 2023-01-28 Legal Rights – cont’d 11. Any person charged with an offence has the right (a) to be informed without unreasonable delay of the specific offence; (b) to be tried within a reasonable time; (c) not to be compelled to be a witness in proceedings against that person in respect of the offence; (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; (e) not to be denied reasonable bail without just cause; (f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; 11 Legal Rights – cont’d (i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. 12 6 2023-01-28 Equal Rights 15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 13 Enforcement 24.(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. (2) Where, in proceedings under subsection (1),a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. 14 7 2023-01-28 15 Supreme Court of Canada The court currently consists of nine justices , which include the Chief Justice of Canada (the most senior member of the court) and eight puisne justices If the Governor General dies in office the Chief Justice becomes the administrator of Canada until a new one is appointed. On Aug.19 2022 the Prime Minster appointed Michelle O’Bonsawin as the 1st female indigenous person to the Supreme Court 16 8 2023-01-28 Canadian Politics Module #3 INDIGENOUS PEOPLES 17 Defined as First Nations, Inuit & Metis •First Nations – Groups of legal or “status Indians” living on a reserve or self-governing community. It is not a legal term; it was adopted by Indigenous peoples themselves for political reasons Indigenous Peoples •Treaty Rights - treaties originally signed between Indigenous Peoples and the French & British government •Title – right to own land collectively as a result of the original occupation and use of the land •Indigenous Rights – Unique rights of Indigenous Peoples that stem for the original occupation of land •Self Government- The right of Indigenous Peoples to establish, design, and administer their own government 18 9 2023-01-28 Confederation Constitutional Act 1982 The government of Canada attempted to assimilate the Indigenous People to the European way of life and extinguish their way of life and tradition 1982 re-established the Indigenous Peoples in federation 19 Indigenous Peoples Internal Colonialism – The political and economic subjugation of a particular group of people within a country by the government of that country 20 10 2023-01-28 Indigenous Peoples Residential Schools – Government of Canada along with the Catholic and Anglican Churches to forcibly educate Indigenous children and assimilate them into mainstream Canadian Society 21 Indigenous Peoples Indian Act – Federal Legislation that defines the legal status of Indigenous Peoples and their land Status Cards – Issued by Aboriginal Affairs and Northern Development Canada to Indigenous Peoples registered under the Indian Act 22 11 2023-01-28 Indigenous Peoples Band – Many bands now prefer to be known as First Nations Reserve- Owned by the Crown but reserved for the us by Indigenous Peoples Some bands have more then one reserve. (Band Council) 23 Involuntary Enfranchisement ❖The forcible enfranchisement of Indigenous individuals against their will, meaning that they lost their status ❖Divorced from community ❖The Canadian Government used this threat to curb activism 24 12 2023-01-28 Inherent Right Indigenous Rights, including title and self government , stemming from the original occupation and use of the land by Indigenous Peoples 25 Comprehensive claims- these address the rights to land and resources that are not subject to historical treaties Claims Specific Claims- address issues that arise with the terms of specific Indigenous treaties are not being recognized or fulfilled 26 13 2023-01-28 Indigenous Rights While the rights are now constitutionally protected, many communities are still mired in poverty On just about every social-economic indication - Life expectancy, income, health, crime, etc Indigenous Canadian lag behind other citizens 27 Truth & Reconciliations Commission Concluded that state sponsored Residential Schools constituted an act of cultural genocide. 28 14 2023-01-28 Royal Commission on Missing Indigenous Women and Girls Concluded that the violence perpetuated against Indigenous Women and Children in Canada amounted to genocide THE CANADIAN GOVERNMENT HAS ACCEPTED THESE CONCLUSION 29 THE END 30 15