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POLS 3136 (26)


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York University
Political Science
POLS 3136
Soren Frederiksen

Thursday January 16 , 2013 Public Law II –ABrief History of Human Rights in Canada Defining civil liberties ♥ What are civil liberties – Hogg : “ Civil liberties encompass …” ♥ Other definitions emphasize that civil liberties are designed to protect the individual from government. o The model that we tend to think about tend to think about what governments cant do. Limit powers of governments ♥ What are legal rights – things that are enforceable in courts ♥ Human rights shield against the government ♥ Written constitutions sets out what the rules are. The general rule is that governments have all the power and its just divided between different levels ♥ Civil rights are documents – limit governmental power – says that there are certain thins that governments cant do o The charter sets limits on the things that gov can or cant do in regards to individuals. o These are human rights – associated ♥ Limiting impact of government on individual lives ♥ Written constitution doc – sets of the limits of governmental power ♥ Rights – to have a right you have to be able to claim it o The process of claiming rights is important ♥ Civil liberties or civil rights Civil liberties may be classed into Three broad categories ♥ Political – right to vote , free speech ♥ Legal, and – ♥ Egalitarian- anti discrimination parts of civil rights documents Legal civil liberties , according to Hogg are : ♥ Freedom from search and seizure ♥ Freedom from arrest ♥ Freedom from imprisonment ♥ Freedom from cruel and unusual punishment, and freedom from unfair trial procedures Egalitarian civil liberties , according to Hogg, are: ♥ Equality of access to accommodation ♥ Employment ♥ Education ♥ An absence of illegitimate criteria of discrimination and ♥ In Canada , language rights covering the se of French and English and rights to denominational schools (in certain provinces ) ♥ Constitutional documents are protected from other constitutional documents to some respect Competition Civil liberties are in competition with each other and with other legal values ♥ One of the jobs of the courts, along with provincial legislatures and parliament, is to manage the competition o So when we have completion bet
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