Social 9: Charter of Rights and Freedoms

 In May 1982, three months after the Charter of Rights and Freedoms became a part  of Canada's constitution, Calgary's Big M Drug Mart deliberately opened for business on a Sunday to challenge the Lord's Day Act. It broke the law to make a point. Lord's Day Act - a law designed to prohibit shopping on Sundays. When the challenge came before the Supreme court, they overturned the law. It was discovered that the Lord's Day Act violated Canadians fundamental right to religion.

Restrictions of flying - In June 2007, Canada's government banned certain people from travelling by air for security reasons.

Canada's Charter of Rights and Freedoms   The Charter of Rights and Freedoms is part of Canada's constitution. The constitution sets out the framework for how Canada is to be governed. Constitution: A special set of laws that establish a new framework of governance. The constitution is the highest law of Canada. All other laws must be consistent with it. The Charter applies to all laws and governments across Canada. With the Charter, Canadians can go to court to challenge laws that restrict their rights. The judicial branch makes decisions about the challenges by interpreting how to apply the Charter. It strikes down laws that restrict rights in an unjustified way. The Charter says that Canada's government is justified in restraining rights if the restrictions are necessary to maintain Canada is a free and democratic society.

Events that involve the Charter   On the job with the Charter In 2001, four Ontario women and five labor unions launched a Charter challenge, arguing that the province was discriminating against them based on gender. Labor union - an organization of workers that act to protect worker's rights and freedoms. Example - AUPE and CUPE.   In 2003, before the courts began a hearing on the case, the Ontario government agreed to pay female workers a total of $414 million in pay adjustments. One of the women who launched the challenge was Mary Kelly; a community case worker.   Do people have the right to work without facing discrimination, based on their age? In the early 1900s, Professor Olive Dickason challenged whether the University of Alberta could force her to retire at age 65. The Charter entitles everyone to 'equal protection and equal benefit of the law without discrimination'. Professor Dickason said forced retirement was discrimination - based on age. The Supreme court disagreed with her because she had agreed to retire at 65 BEFORE she took the teaching position. Since the Supreme court ruling, provinces in Canada have re-examined their legislation, concerning retirement. Some provinces including Alberta have made it illegal for employers to force employees to retire because of their age.

Rule of Law Principles that states that all citizens should be subject to law. The law should be applied to everyone, regardless of age, gender, race, religion, money, etc.

Canada's Emergency Act (War Measures Act)   The War Measures Act was a federal statue adopted by the Parliament in 1914 after the outbreak of the First World War. It gave a lot of power to the Canadian government to maintain security and order during war or insurrection. It was used during World War I, II, and also for the 1970 October Crisis in Quebec. Since the 1970 October Crisis, it has been replaced by the [more limited] Emergencies Act.