canadian constitution teacher curriculum
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This booklet, developed by the Canadian Constitution Foundation, aims to help students learn and teachers teach about our constitutional rights and freedoms. This material has been made possible thanks to a generous grant from The W. Garfield Weston Foundation.TRANSCRIPT
Your ConstitutionYour Freedom and Rights
The Canadian Constitution Foundation defends
the constitutional freedoms of Canadians
through education, communication and
litigation.
To learn more, visit: www. theCCF .ca
ABOUT YOUR CONSTITUTION: YOUR FREEDOM AND RIGHTSThis booklet, developed by the Canadian Constitution Foundation, aims to
help students learn and teachers teach about our constitutional rights and
freedoms. This material has been made possible thanks to a generous grant
from The W. Garfield Weston Foundation. To learn more, visit:
www. ConstitutionDay .ca
The Constitution of Canada is a collection of legal documents that make up the highest law in Canada.
First, we have the Constitution Act, 1867, previously known as the British North America Act, 1867, that outlines our system of government, the role of the monarchy, and the division of powers between the federal and provincial governments.
Second, we have the Constitution Act, 1982, which contains the Charter of Rights and Freedoms. It outlines the rights and freedoms each Canadian citizen enjoys.
Lastly, we have the amendments, which are a big collection of changes to the Canadian Constitution that have been passed since 1867. Some of these were passed by Britain as separate laws or royal decrees, others were passed by Canada itself.
Our Constitution is “similar in principle to that of the United Kingdom” because in 1867, Canada was a self-governing Confederation of four British Colonies. The British North America Act, 1867 outlined the structure of Confederation.
However, the British North America Act, 1867 was a British law, passed by the British Parliament, which could only be changed by Britain. So in the 1980s, Canada “patriated” or brought it home and turned it into a wholly
Canadian law, that can only be modified by Canada, now named the Constitution Act, 1867.
The Constitution has provided Canada with a workable political system since 1867.
Some say our Constitution is a “living tree” that must be
adapted to reflect changes in society.
Others argue that the drafters of the Constitution never
intended their original words to change meaning since the
original drafters provided for a process of amending the
Constitution.
What do you think? In a couple paragraphs, write
your position.
“...with a constitution similar in principle to that of the United Kingdom.” Constitution Act, 1867
For links to the
Constitution & Charter
visit:
www. theCCF. ca/constitution
The Charter of Rights and Freedoms outlines the protected rights and freedoms Canadian citizens enjoy, and prevents any Canadian government from passing laws that violates them.
The main Charter freedoms include freedom of:
• expression• thought,
belief, and opinion
• conscience and religion
• peaceful assembly
• association.
The main Charter rights include:
• right to vote• mobility
rights• right to be
secure against unreasonable search and seizure
• equality rights• right to life, liberty and security
of the person
Despite the Charterʼs guarantee, section 33 is a so-called notwithstanding clause that allows the federal or a provincial government to pass laws that violate certain Charter rights and freedoms.
Section 1 of the Charter allows governments to pass laws that limit our rights and freedoms to some degree, as long as the limits are “demonstrably justified in a free and democratic society”. Courts such as the Supreme Court of Canada must decide when a law goes too far and is no longer
“demonstrably justified”.
“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter
Section 15 of the Charter guarantees that everyone is
“equal before and under the law” with the “right to the equal
protection and equal benefit of the law without discrimination”.
Yet, the Charter also says that government “affirmative
action” type programs can exist regardless of the Charter
guarantee of equality for all.
What do you think? Is this fair? Organize a class debate
with pro vs. con sides.
Section 2 of the Charter guarantees everyone a right to
freedom of expression.
However, various laws in Canada prohibit different forms of expression, such as “hate
speech”.
What do you think? Organize a class debate with pro vs.
con sides.
“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter of Rights and Freedoms
Imagine the teachers at your school decided that from now on, you and your fellow students, would be responsible for adopting classroom policies based on the Charter of Rights and Freedoms and the section 15 equality guarantee. What would you do? Break into groups of five students and create a plan explaining what you would do and how you would implement your policies.
• Would each student receive the same homework assignment? Take the same tests? Get the same punishment for being late for school?
• Would you give any special consideration under section 15(2) of the Charter to assist any disadvantaged groups at your school? Would any disadvantaged group receive the same grade regardless of quality of work (so long as they tried equally hard on the assignment)? Would you require really smart students to share some of their high marks with less smart students?
• Would you give any special consideration to any students based on section 27 of the Charter to preserve and enhance “the multicultural heritage of Canadians”. Would it be fair to do so? Why or why not?
• Using section 1 of the Charter, defend your answers to the above questions. Can any bending of the rules a little for certain students be “demonstrably justified in a free and democratic society”? If they can be, should they be?
• How do you think the drafters of the Charter of Rights and Freedoms would answer the above questions? Do you think it is better to provide equal opportunities or to ensure equal outcomes for all students?
Thought Experiment: Equality in your Classroom
Review the following sections of the Charter of Rights and Freedoms:
• section 1 (limitations clause)• section 15 (equality rights)• section 27 (multiculturalism)
Wilfrid Laurier“Canada is free and freedom is its
nationality.”
Pierre Trudeau“The state has no business in the
bedrooms of the nation”
John Diefenbaker“Freedom is the right to be wrong,
not the right to do wrong.”
VocabularyThe Canadian Constitution contains a number of words and phrases that may not be familiar. Look through the list below of words in our Constitution. Look up the definition of five words from this list that you have never used. Write a sentence for each new word using it in the correct context.
alienamendment
arbitrary conscience
habeas corpusimmunitydisreputedominion
jurisdictionmobility
notwithstandingperjury
proclamationquarantine
treason
“The Constitution of Canada is the supreme law of Canada...” section 52 of the Constitution Act, 1982
Canadians exercising their freedom of association and expression
Extra! Extra! Read all about it!
Scan the headlines in newspapers online. Find some news stories in which Canadians are exercising rights and freedoms guaranteed by the Charter of Rights and Freedoms. Try to find one example of:
• Freedom of expression• Freedom of religion• Freedom of peaceful assembly• Freedom of association• Right to vote• Right to trial by jury• Right to be secure against
unreasonable search and seizure
The Canadian Constitution Foundation is a registered charity, independent and non-partisan,which defends the constitutional freedoms of Canadians through education, communication and litigation.
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