Grade 7 – Voices and Visions - Weebly



Grade 9 – Issues for Canadians

Chapter 3

Chapter Inquiry How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights?

Rights

Working in a group of 4 people, come up with a list of rights you do have or want to have (there will be two groups of students completing a list for each point):

1. at home

2. with friends

3. at school

Be prepared for your group to present your list to the rest of the class.

Rights bring responsibilities. Possession of rights cannot infringe on other people’s rights, and all parties have responsibilities. Choose your top 3 rights and add them to the following table. Record the positive aspects and the negative aspects (possible infringement on others’ rights or individual needs) of each right. Consider the responsibilities that come with having each right and record them on the table too. Example:

|Right |Positive |Negative |Responsibility |

|Students should have the right |Students should feel comfortable|If another student has an |Students should be allowed to |

|to eat whatever they want to eat|eating whatever food they want |allergy to the food, it may be |eat whatever food they choose at|

|for snacks at school. |to eat without worrying about |dangerous for him or her to be |school for a snack provided it |

| |whether or not others will like |near the food. |does not pose a danger to any |

| |the smell, taste, etc of the | |other students. All students |

| |food. | |should eat safe snacks. |

|Right |Positives |Negatives |Responsibilities |

|1. | | | |

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|2. | | | |

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|3. | | | |

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| | | | |

Read pages 88 – 92 and define the following key concepts:

Rights

Freedoms

Citizenship

Identity

Quality of Life

Food for Thought

Based on the photographs listed on page 89, what specific rights and freedoms relate to citizenship, identity and quality of life?

Inquiry Question #1: How does the Charter protect individual rights and freedoms?

Read ‘Crossing the Line’ on pages 93 -95

To what extent should individual rights and freedoms be protected in society?

Which speaker do you agree with most? Why?

What is the Charter of Rights and Freedoms?

Read page 96 and define the following key concepts

Constitution

Charter of Rights and Freedoms

Individual Rights

Collective Rights

According to the quote from Jean Chrétien provided on page 96, why is it important to enshrine (to preserve or cherish as sacred) the Charter in the constitution?

Do you agree or disagree with his statement?

Food for Thought

How does the Charter connect to what you learned about the judicial branch in Chapter1?

Your Individual Rights Under the Charter

Read pages 97 & 98 and briefly summarize each of the following concepts:

Fundamental Freedoms

(

(

(

(

Democratic Rights

(

(

Mobility Rights

(

(

Legal Rights

(

(

Equality Rights

(

What’s the relationship between a free and democratic society and respect for individual rights?

BIG IDEA – Critical Thinking

Citizenship is about building a place for yourself and others in society. To what extent does the Charter support this goal? In what way?

Examine the rights and freedoms listed in the Charter. What responsibilities do you believe individuals have because of these rights? Review the example at the bottom of page 98, question #2.

|Rights and Freedoms |Responsibilities |

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|Fundamental Freedoms | |

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|Democratic Rights | |

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|Mobility Rights | |

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|Legal Rights | |

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|Equality Rights | |

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Food for Thought

In your opinion, to what extent do Canadians take up these responsibilities? What evidence do you use to support your opinion?

What does free and democratic society mean to you?

Thinking - Six Constitutional Cases

Below are six real cases that were brought before the Supreme Court of Canada.

Working in groups of 4, read each case closely, and then answer the underlined questions. You will need to be familiar with the different sections of the Canadian Charter of Rights and Freedoms. In each case, you will determine what sections of the Charter are being violated, and what ruling (decision) the Supreme Court made in each. Get an organizational chart to format and support your position. Be prepared to present your findings to the class and hand in your results for marking.

Constitutional Cases

Case #1: In The Queen v. Oakes, decided in 1986, the Supreme Court of Canada ruled that a section of the Narcotic Control Act violated the right to be presumed innocent (e.g. a person in possession of narcotics had to prove they were not going to sell them), which is protected in Section 11(d) of the Charter. The Court then considered whether the law was a reasonable limit on that right under Section 1 of the Charter.

Q: Should the Charter have precedence over other laws and legislation? What limits, if any, do you think should be set? What do you think the decision of the Supreme Court was in this case?

Case #2 The Motor Vehicle Reference case, decided in 1985, involved a British Columbia law that imposed a mandatory jail term on people who drove motor vehicles while their driver’s licenses were suspended, even if they were not aware of the suspension.

Q: What Section of the Charter would this British Columbia law have violated? What do you think the Supreme Court decided in this case?

Case #3 In Hunter v. Southam, Inc., decided by the Supreme Court in 1984, Southam Inc. argued that a search carried out at its offices by government investigators was unreasonable and in violation of the Charter.

Q: What Section of the Charter would the search of this company’s offices have violated? What do you think the Supreme Court decided in this case?

Case #4 In The Queen v. Smith, decided in 1987, a person accused of importing a narcotic into Canada argued that the penalty for that offence amounted to cruel and unusual punishment. The Narcotic Control Act required that anyone convicted of that offence serve a minimum of seven years in jail. The quantity of narcotic involved did not affect the minimum sentence.

Q: Should the Charter set limits on other laws and legislation? What kinds of circumstances might warrant changes to existing laws? What do you think the decision of the Supreme Court was in this case?

Case #5 Andrews v. The Law Society of British Columbia, decided by the Supreme Court in 1989, involved a challenge to a rule in British Columbia requiring persons who wanted to practice law in that province to be Canadian citizens.

Q: What Section of the Charter would this British Columbia rule have violated? Can citizenship be considered a potential basis for discrimination? What do you think the Supreme Court decided in this case?

Case #6 In Sparrow v. The Queen, decided in 1990, the issue was whether limits imposed on the fishing rights of Aboriginal peoples were inconsistent with Section 35 of the Constitution Act, 1982, which recognizes Aboriginal and treaty rights.

Q: Considering the government’s special relationship with and responsibility for Aboriginal peoples, how should rights for Aboriginal peoples be protected under the Charter? What kind of ruling do you think the Supreme Court made in this case?

Metacognition:

• To what extent did I successfully accomplish the goals of the previous tasks?

• What is most challenging for me about this booklet?

• Most confusing?

Chapter 3 Target Self-Assessment:

|Can I answer this question: |Not Yet |Yes |If yes provide evidence. |

| | | |If not yet provide a strategy you will use to learn it |

|In what ways has the Canadian Charter of Rights and | | | |

|Freedoms fostered recognition of 
individual rights in| | | |

|Canada? | | | |

|How does the Canadian Charter of Rights and Freedoms | | | |

|support individuals in exercising their rights? | | | |

|In what ways has the Canadian Charter of Rights and | | | |

|Freedoms affected conditions in the workplace (i.e., | | | |

|issues of gender, age, race, religion)? | | | |

|What is the relationship between the rights guaranteed| | | |

|in the Canadian Charter of Rights and Freedoms and the| | | |

|responsibilities of Canadian citizens? | | | |

What does the Charter reflect about today’s society compared to the past?

First Nations and the Indian Act

Read pages 100 – 104 to complete the following tasks.

Explain the Indian Act

How did the Indian Act restrict the rights and freedoms of First Nations people?

Canadian Women and the Right to Vote

Key Concepts

Women’s Suffrage

Historical Context

When considering any issue, why is it useful to think about historical context?

What attitudes are reflected in the Charter toward women today?

Food for Thought

To what extent is voting a responsibility as well as a right, in your opinion?

The Internment of Canadians

Define the following Key Concepts:

Prejudice

Internment

War Measures Act

What did the Internment of Persons of Ukrainian Origin Recognition Act call for?

Based on the values and attitudes in the Charter, why did Canada’s government publicly acknowledge and apologize to Canadians who were interned during times of war?

Cause & Effect Diagram

Consider the Ripple Effect: when you throw a stone into a pool of water, you create one wave, which in turn causes another, and so on. Each of the situations described on pages 100 - 103 caused particular things to occur, and each of those events, in turn, caused other events to happen.

With a partner, choose one of the events listed on pages 100 -103. Create a cause and effect chart (see pages 100 & 365 for some chart ideas) to analyze the causes and effects of your selected events. Your diagram should be one complete page in size and will be turned in for marks.

Answer Inquiry Question #1: How does the Charter protect individual rights and freedoms?

Inquiry Question #2: How does the charter affect lawmaking in Canada?

Use pages 105 – 111 to complete the following tasks.

Complete the following chart to explore the impact of the Charter on lawmaking:

Should the Canadian government:

➢ restrict certain people from travelling by air for security reasons? (p.107-8)

➢ ban junk food ads that are directed towards children? (p.109)

➢ do something that is currently an issue that you have seen in the media?

|Should the Canadian government . . . |

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|Yes: facts, views, perspectives |No: facts, views, perspectives |

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|What people/groups might be affected by this decision? |

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|My Position |

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Food for Thought

How do we decide if the needs of society should outweigh the rights of individuals?

How does the Charter affect these decisions?

Curfew Case Study

Viewpoints

Across Alberta youth are faced with curfew bylaws. These bylaws are controversial and people have many different views on how effective they are in preventing problems.

A curfew is a limit on what hours people can be outside their home. Many municipalities in Alberta have curfew bylaws stating that persons under 18 are not allowed to be in a public place between 1 a.m. and 6 a.m. unless they are with an adult. Parents cannot give their children permission to be in public during these hours.

What do curfew bylaws say?

Where: Strathcona County

Who: anyone under 18

Where and When: prohibited from being on the streets from 1 a.m. to 6 a.m. unless they have a valid excuse.

Penalty: Parents can be fined up to $200 if their child breaks the curfew.

Where: Okotoks

Who: people under 16 not accompanied by a parent

Where and When: prohibited from being in a public place from 12:01 am - 5:00 am.

Penalty: Youth can be fined $100.

Where: Slave Lake

Who: people under 16 not accompanied by a parent

Where and When: prohibited from being in a public place from 11:00 pm to 6:00 am Sunday - Thursday; and 12:01 am to 6:00 am on Friday & Saturday

Where: Drumheller

Who: people under 16 not accompanied by a parent

Where and When: prohibited from being in a public place 10:30 pm - 6:00 am.

Voices

Pay attention to who is saying what. Do you agree or disagree with the authors? Consider whether their statements are justified or prejudiced. What are the reasons given for and against curfews?

“The Red Deer rules . . . are designed to protect teens and ensure they get home safely,” Red Deer RCMP Const. Jayne Owen. Source: Vandals spark debate in Okotoks: Councillors may expand curfew rules

Sarah McGinnis, Calgary Herald 21 August 2006

It’s not as if vandalism is not already a crime. It is not as if this bylaw is intended to put more resources (money) into policing. It will merely criminalize our children for being in a public place and subject their parents to fines. Cathy Olesen, Strathcona Mayor

“I wish Calgary had a curfew for teens the way Okotoks, Red Deer and other towns do. Maybe that would cut down on the vandalism, the squealing brakes and revving engines at 3 a.m. and all the other things that go on when teens emerge - like vampires - at night.”

Source: What's so bad about a curfew? Naomi Lakritz, Calgary Herald 24 August 2006

It’s the parents’ right and responsibility to engage in that sort of control of their child, not the government’s. If a parent fights with a kid who will only eat candy bars, the solution isn’t to pass nutrition laws. You have to work with your kid on this. Waldo Jaquith, founder of

"We've had a lot of vandalism. It's probably the kids getting close to going back to school and the kids are getting bored . . . but it's expensive continually fixing broken windows and cleaning up," said Okotoks Mayor Bill McAlpine. Source: Vandals spark debate in Okotoks: Councillors may expand curfew rules Sarah McGinnis Calgary Herald 21 August 2006

"Teens are shown a fair amount of disrespect and distrust by people. … You shouldn't be allowed to say, 'Teens are bad people so we're going to lock them up after 4 p.m.' "

Stephen Jenuth, Alberta Civil Liberties Union Source: Vandals spark debate in Okotoks: Councillors may expand curfew rules Sarah McGinnis Calgary Herald 21 August 2006

"Youth at that age don't have the life experience to handle the situations they could find themselves in at that time of night. They need protection,"

Peter Wlodarozak, Strathcona County councillor who spent 36 years as an RCMP officer.

Source: Vandals spark debate in Okotoks: Councillors may expand curfew rules

Sarah McGinnis Calgary Herald 21 August 2006

Consider the quotes and complete the following table:

|What arguments do people give |What issues are raised by people |

|to support curfews? |who are against curfews? |

| | |

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|( |( |

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|( |( |

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|( |( |

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|( |( |

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|( |( |

One Alberta high school student commented “There’s nothing wrong with ignoring an unjust law.”

Read the following article about action being taken in Manitoba against curfews:

Woman, son cry foul over Manitoba late-night curfew

Canadian Press, January 15, 2007 at 2:27 PM EDT

Winnipeg — Lawyers are filing a constitutional challenge of a young people's curfew in Thompson, Man. Lawyers representing a mother and son say the bylaw that prohibits kids from being on the street late at night violates their charter rights. They argue the curfew amounts to discrimination on the basis of age, and is unfair because it penalizes people who have done nothing wrong. The city has not yet filed a statement of defence.

The curfew was enacted in 2005 and carries fines of up to $500. Children under 12 must be off the streets by 10 p.m., teens aged 12 to 15 have until 11 p.m., while 16- and 17-year-olds face a midnight curfew.

Critical Thinking

Synthesize (gather and compare) all the information you have collected above about people’s reasons to keep or abolish (get rid of) curfews. According to the article above, people have considered taking municipalities (city governments) to the Supreme Court over curfew laws.

Identify the sections of the Charter that come in direct conflict with curfew laws.

What rights are being denied a certain section of the population?

Against which group of people do curfew laws seem to be unjust?

You are a lawyer taking the case of your city’s curfew to the Supreme Court of Canada, claiming that it violates certain inalienable rights enshrined in the Charter of Rights and Freedoms. How do you think the Supreme Court judges will find (determine) in your case?

Answer Inquiry Question #2: How does the charter affect lawmaking in Canada?

Inquiry Question #3: How does the charter affect the workplace?

Read pages 112 – 115 to complete the following tasks.

Define the following key concepts

Equity

Equality

Labour Union

On the job with the Charter of Rights and Freedoms

Read Mary Kelly’s story on pages 113-114. The recognition of the right of women workers to equitable wages:

( affirms

( reflects

Food for Thought

How might rights concerning wages affect quality of life?

Do people have the right to work without facing discrimination based on their age?

The Charter creates equality in the workplace. You have the right to work without facing discrimination based on:

( ____________________ ( ____________________ ( ____________________

( ____________________ ( ____________________ ( ____________________

How do individual rights connect to citizenship?

Answer Inquiry Question #3: How does the charter affect the workplace?

Chapter 3 Target Self-Assessment:

|Can I answer this question: |Not Yet |Yes |If yes provide evidence. |

| | | |If not yet provide a strategy you will use to learn it |

|How does the charter affect the lawmaking process? | | | |

|How does the charter affect the workplace? | | | |

Reflect

The most important thing I learned in this chapter about individual rights and freedoms is

Charter Organizational Chart

[pic]

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Decision/Position:

Defence/Support:

Defence/Support:

Defence/ Support:

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