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Lecture 6

Lecture 6

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EDUC 3610
Nick Scarfo

September 24, 2012  Charter o Talks about rights and freedoms of all citizens o Part of our constitution --> Canada's supreme law  If government wants to take actions against us, they have to abide by the charter --> applies to EVERYBODY (citizen or not)  If not, they have to be able to justify it  If not, they can't do it o We have to know what our rights are, so that when there is injustice, we know when to step up o As teachers, we also have to abide by the charter  Puts teachers in a difficult position because we have to place limits on students without violating their rights o Sample  "freedom of expression"  Not just words that you say, but how you dress, what you draw, etc.  But in schools, teachers are often limiting what students can and cannot wear  "freedom of religion"  Free to choose and express whatever religion you want, through clothing, spreading word, etc.  Multani case -> school was required to respect that belief  "freedom from religion"  Government can't force you to have a religion  Public institutions can't endorse one religion over another "right to peaceful assembly"   "That's not fair" in classrooms -> students' way to protest  We can't always turn away and not engage them -> you have to talk it through  If we ignore them, we send the message that students shouldn't bother to complain because nothing will come to it  BUT we have to distinguish between protesting and whiny complaining  "right to be protected from search and seize"  Ride program is direct violation of this  Talks about privacy  You need permission from the person  Warrant --> from judge, showing evidence  Probable cause -> severe evidence why you have to engage in search activity  You expect to have privacy in your home  But in the airport, there is security --> we can accept it there because it is reasonable  But we don't expect it at a mall, in our home, etc.  Rights and freedoms are guaranteed but are subject to reasonable limits (depending on situation) --> sometimes we need rules that will restrict your rights, but don't worry, it'll be reasonable  Reasonable as in, as long as you don't harm anyone, as long as people are safe, if there is a majority of people who agree  Reasonable--> this is a subjective term  This is where conflict arises  Three questions you have to answer  Why? Purpose.  (It has to be a good purpose for you to take away somebody's rights)  "Because I said so."  Fun to be able to say it, frustrating to hear it  You need to have a legitimate purpose  Will it work?  Does the law achieve the purpose?  What else will it do?  Determining the side-effects  "right to vote"  Every citizen of Canada  BUT it doesn't talk about age!  The LAW talks about age  Canada took that right away -> so look at the questions  Why?  Because you need to be informed  You have to be mature enough  Have to be able to make a responsible decision  Ability for government to legally tax you -> you have to pay money for government services You have to be considerate about the  consequences  You cannot be eas
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