Charter of Rights and Freedoms

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6 Dec 2010
NOV 16
Kosovo. In the case of Afghanistan, parliament voted to sent them (there was party consensus initially).
When it was apparent that the war could continue till 2011, the bloc Quebecois and another were
against it.
The situation right now is that instead of combat missions ending in early 2011, they will end in their
combat missions in December 2011, and will keep 950 troops there for training missions.
UN council for the rights of women:
Canada, along with other Western nations opposed the entry of Iran into this council: Previously, a
Canadian journalist went to Iran and was beaten and raped (she died). At the same time, Saudi Arabia is
present in the council because }(Z]u}vÇ}v]µ]}v~]v^µ]]UÁ}uvv[oo}Á
to drive).
As another example, Sudan and China are on the UN council on human rights: They are violators of
human rights within their boundaries (Sudan against gays and China against pretty much everyone who
opposes the regime).
- The CRF and the constitutional order
- The CRF and the distribution of power
- Applying the CRF
- Negative liberties and positive rights
- Equality and the CRF
- Critics of the CRF
legalization, Americanization and centralization of the order. t]v[P}ZAmericanization part
(and we will also clarify centralization today).
Prof talks about judicial review of the constitution t this is an important topic. We should be able to
discuss it with reference to the federal principle, etc.
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By Centralization, prof does not mean it gives more power to Ottawa. It }v[P]Àu}}Á}Z
supreme court either: However it does give more weight to supreme court decisions.
Vriend vs. Alberta (1998) t Vriend was a gay lab coordinator in a college in Alberta. When he applied for
the job nobody knew he was gay and Z]v[o]XÁZ]o(ZP}Z]UZu}µ}(Ze
closet and was immediately fired.
/}v[Ç](]ooÇ]vZoÁthat sexual orientation is a point for discrimination (gender is). This
is what the human rights commission said. So he took the Alberta government to court t The human
rights commission was blamed for not allowing him to act against the college.
Prof says that private institutions (i think) can discriminate if they wish, but public institutions cannot.
He says that laws are beginning to become more harmonized. However Z]}vÁZZ]]v[
true: That of French language rights vs. English language rights.
Montfort Hospital + Baie-[h( (2001): Montfort hospital is a francophone teaching hospital in Ottawa.
The government wanted to close this hospital (because they can do that to public institutions like
schools) and merge it with a general hospital. The hospital ov]ZZÇv[}Z
because ][Z}voÇ(v}Z}vZ}]o]vKv]}, and is serving an important function. The courts
agreed, citing the protection of minorities.
Prof says that French language issues do better in front of the courts than English language cases. He
says its perhaps because of the fear of reactions in Quebec: Perhaps judges also make political decisions.
A lot of people have started looking at the courts for this reason and are fearful of the politicization of
the judiciary. Prof talks about the expansion of liberties but the restriction of democracy: Because more
and more political decisions are being made by the judiciary instead of the political system.
Americanization: Canada has been more influenced historically by classical conservative ideas than the
US: Hierarchy, authority, tradition rather than liberty, equality, reason. These classical values are being
countered by the charter, which stresses liberal ideas like individualism and individual freedoms.
An example of this is the ability of citizens to sue the government, a power that was previously
unavailable to Canadians.
More and more judicial rulings in Canada quote American cases (They also quote Canadian, British, and
other countries). Further, Canadian courts have started to use largely American wording and concepts of
individual freedoms. Prof says that this is perhaps because the US has 200 years of dealing with
individual freedoms cases. Prof relates this phenomenon to the Americanization and liberalization of the
Canadian system (as opposed to the classical conservative t Tory t values previously held). There is also
a social democratic touch to Canadian politics: Communal living and the equal distribution of public
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