PPAS 2200 Lecture 5.doc

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Public Policy and Administration Studies
PPAS 2200
Khashayar Hooshiyar

PPAS 2200 Lecture 5 March 3, 2014 Essay - Pick group of people and how they are discriminated, racism, equality - Objective to find out how legal system in Canada has been treating that particular group (not social level but through the legal system) - ^ objective to see how the media has covered the treatment of this group by the legal system - ^ since each newspaper presents a particular viewpoint - Eg, Toronto star is a liberal paper, the sun is the average person - Approach the legal system through the eyes of these newspapers – look at the newspaper critically* (50% how the newspaper treats the topic and 50% is the legal system, then present your views) - ^ limited to one year (only go back to January 1 2013 – March 3, 2014) - NO OUTSIDE RESEARCH but course material is fine * - Compare and contrast with other newspaper *** (can use CBC news articles – MUST be PRINT) - TOPIC: women treatment in the workforce ** The Charter and Rights Video -- Charter Politics and Charter Critics: Implications for communities - Trudeau pateriation (Canada is finally in control of its constitutional affairs) - Canadians forgot they had their rights (like common law) - Before 1982, rights and laws can change, what the charter changed was the fact that there will be fewer changes How the charter rights changed – - ^ it enterenched American values – since it is in the American constitution - ^ basic similarities (since both rooted in common law) - ^ different by 1. Charter covers far more rights and freedoms then America (eg, mobality rights, language rights – which Canada has) 2. Explicit limits clause, 3. Notwithstanding clause, 4. More collective rights - ^ basically the charter increases the rule of the supreme court (this court has the final say, whereas in the US, supreme court does not because it does not control state laws, and in the US concentrates most of its cases on the constitution, in Canada, constitutional cases is important, but only 1/3 whereas Us is 1/2 ) - Before Canada did not have charter therefore, most judicial review focused on federal issues, not right issues, (mainly division of power) then after the charter, both Canada and US both judicial review and governments interact and relate - In constitution act of 1867, Canadian rights were COLLECTIVE RIGHTS not individual rights (like language rights, and school rights) - ^ in the past, collective rights were more important, but now individual rights is important because of the charter - Charter given us the Section 35, recognizes collective rights and individual rights for both Aboriginals and citizens - Canada starts to develop American values (since America is based on individual rights) - The Reasonable limits clause and notwithstanding clause in the Charter of rights means that federal or provincial governments that violates individual rights, has to persuade the court that it is a reasonable limit, and if it cannot persuade the court, then you can use the notwithstanding clause – must balance values that compete with charter - Notwithstanding clause (clause 33, where any legislatures to override certain rights in the Charter, only restricts to section 2, and section 7-15 NOT ALL RIGHTS OVERWRITTEN) or override their rights - A legislature has to signal that it will override a certain section, therefore not easy to do since the media must know - Should not use frequently * - Eg: Quebec used the notwithstanding clause to make all signs in Quebec to be French (secion 33, language rights, that it must be bilingual – both English and French signs) - Reason why notwithstanding clause was enacted because it gives the provinces the right, a tool, to use their power (but there are consequences) - Therefore, Charter brings a wedge between the English and the French (Quebec) since Canadians made Quebec choose the charter (to be Canadian) or their distinct society (their nationality to be Quebec) – and Quebec chose their distinct society - The fact that citizens that view the charter to be based on individual rights makes it difficult, because back then Quebec individualism was not questioned before - Shift from collective rights to individual rights, aboriginal people gained new power - Parliamentary sovereignty vs. judicial review – the power the governments have & assumption governments have more power than citizens since they can take away rights, and another issue between collectivism vs. individualism *** - Charter is like “leveling values” – since citizens become subjects of values (eg, aboriginals that lose their status then become citizen plus) - Fact that Canada is becoming more like America – general morality and standards The Charter - Most opinion polls point to the high popularity of the charter - Main approach is very positive, and most Canadians seem to be in favor of the Charter - ^ Canadians see it as an accomplishment (to protect them from the state) - ^ the product of historical movement by highlighting freedoms and equality - So important it gained the status of constitution, and the constitution is the supreme rule all over Canada therefore, Charter is very important Pro Charter - “crowning glory in the fundamental liberalism” – a liberal view - Ideology of liberalism is not limited to Canada – product of reformative changes (move from divine perspective to scientific perspective) - ^ strong emphasize on the individual - Liberalism is materialized – what individuals h
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