Unit 2 Human Rights

Part 3

Civil and Human Rights

Human Rights

Civil Rights – relationships between individuals and governments

Canadian Charter of Rights and Freedoms lists and protects our civil rights

Human Rights – involve the relationship between private individuals

Governments pass laws that make it illegal for people to discriminate against one another

Done to ensure people are treated equally and fairly as human beings, regardless of the group (s) to which they belong

Human Rights

Prejudice – making judgments about a person who belongs to a certain group

Not judging their actual character, skill or personality Usually based on ignorance, not fact Usually negative Not illegal!

Stereotyping – judging one member of a group and applying that judgment to the entire group

Stereotypes are the labels prejudiced people apply to members of a certain group

Not illegal!

Discrimination

Stereotyping and prejudices are part of the belief system that lead to discrimination

Discrimination – when people act on their stereotyping and prejudices and treat others unfairly

Prohibited by Human Rights legislation This is Illegal

Discrimination – 2 types

1. Intentional Discrimination (differential treatment) When a person / organization knowingly commits a

discriminatory act – Discrimination is on purpose

2. Unintentional Discrimination When a person / organization treats others unfairly

but are not aware that their actions are discriminatory

Human Rights Legislation Canadian Human Rights Act 1977 (Federal)

Guarantees that all Canadians will receive fair and equal treatment in all matters under federal control (example: Federally licensed companies and their employees are covered under this act)

Provinces / territories have legislation that covers situations that are under their authority

B.C. – Human Rights Code Quebec – Charter of Human Rights and Freedoms Alberta – Human Rights, Citizenship and Multiculturalism

Act Examples: prohibit discrimination in employment, renting

apartments, sexual harassment in the workplace

Provincial / Territorial Human Rights

All based on the Universal Declaration of Human Rights

Human rights laws can overrule any other provincial / territorial law

Are being constantly updated, expanded and adapted to reflect changing social attitudes and awareness

Enforcing Human Rights Law If you feel your human rights have been violated

you can file a complaint with the human rights commission

1. Interview with a human rights officer2. Complaint must be made within 6 months of the incident3. You are the “complainant”4. You are complaining against the “respondent”5. If the commission decides you have valid complaint –

investigation6. If investigating officer cannot arrive at a solution –

conciliation takes place – attempt to have both parties agree on a solution (apology, payment, rehiring)

Most cases usually end here

Enforcing Human Rights Law

If conciliation fails: Government sets up a tribunal – hears facts Has the power to impose a resolution If respondent refuses to obey the orders issued by

the tribunal – criminal charges Either party can appeal tribunal decision

Purpose of human rights legislation Not to punish the respondent but to compensate the

victim of the discrimination To prevent similar incidents in the future

National Security vs. Rights and Freedoms

POGG

Enacting the War Measures Act,

Anti-Terrorism Act 2001, 2007, 2013

War Measures Act

Emergency Act 1988

Anti-Terror Act 2001, 2007, 2013

Public Safety Act 2001

ArrestSeizeDispose propertyControl economy

Same as War Measures Act but limited to a specific area

Electronic surveillancePreventative arrest of those suspect of terrorism

Cabinet has authority to deal with direct threatCan arrest and detain foreign nationals who cannot properly identify themselvesMilitary zones

Anti Terrorism Act 2001,07,13

Adopted by Parliament following the attacks of September 11, 2001, the Anti-terrorism Act (ATA) amended the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and a number of other Acts. It also enacted the Charities Registration (Security Information) Act. It was not a stand-alone Act, but rather an amending statute. The ATA formed a key component of the Government's Anti-terrorism Plan, which had four objectives:

Anti Terrorism Act 2001,07,13

to prevent terrorists from getting into Canada and protect Canadians from terrorist acts;

to activate tools to identify, prosecute, convict and punish terrorists;

to keep the Canada-U.S. border secure and a contributor to economic security; and

to work with the international community to bring terrorists to justice and address the root causes of violence.

Anti Terrorism Act 2001,07,13

The ATA reflected a commitment to the safety of all Canadians and strengthened Canada's ability to meet its international obligations, while respecting Canadian values and the rights enshrined in the Canadian Charter of Rights and Freedoms (Charter).