CHAPTER TWO VOICES IN DEMOCRACY

STUDY NOTES

CHARTER OF RIGHTS AND FREEDOMS (1982) GIVES PERSONS THE RIGHTS TO: a. b. c. d. e. f. g. h.

Vote in provincial or federal or territorial elections Be candidates in those elections Be educated in either official language (French or English) Apply for a passport Enter, remain in, or leave Canada freely Work and reside in any Canadian province or territory Life, liberty (to be free), security Be secure against unreasonable search or seizure. Police must have a warrant. i. If arrested, to be promptly informed as to why, to retain legal counsel, to be released if the detention is not valid. j. When charged with an offence: a. to be informed of the charge; b. to be tried within a reasonable time; c. to be presumed innocent till proven guilty; d. to get bail if reasonable; e. to be acquitted of an offence and not be retried for it; f. not to be subjected to cruel or unusual punishment; g. a witness who testifies in court proceedings has the right not to have incriminating evidence used against them. h. k. Have an interpreter for any person in court who does not understand or speak the language.

l. Be considered equal under the law, without discriminated based on: a. Race b. Ethnic origin c. Colour d. Religion e. Gender f. Age g. Mental disability h. Physical disability

m. Use either official language in all government of Canada institutions, or in parliament n. Communicate with and receive government services in English or French

CHARTER OF RIGHTS AND FREEDOMS (1982) GIVES CANADIANS THE FREEDOM of: A. B. C. D. E.

Conscience (thought for fairness and justice, to do what is right) Religion Thoughts, beliefs, opinions and to express them in press or media Peaceful assembly (gathering in large groups) Association (to meet or associate with others who have similar interests to yours)

THE TERMS “INDIAN`` AND ``ABORIGINAL`` a. The term Aboriginal peoples is used for all original people of Canada. b. Aboriginal people consist of three groups – Indians, Metis, and Inuit.(as by the Constitution Act of 1982) c. The term First Nations came into use in the 1970s. It replaced the terms band and Indian because some people were offended by them. First Nations refers only to Canada`s original people who are not Inuit or Metis. d. The term First Nations was adopted by some Aboriginal communiities to replace the term Band. (Example: Moose Cree First Nation.)

LANGUAGE RIGHTS: A. In 1867, The BNA (British North America Act) stated that publications for the Parliament of Canada and Quebec Legislature were to be in French and English. Individuals could use either French or English in government assemblies. B. These rules were also followed for the court in Quebec, but not the rest of Canada. C. In 1982, The Charter of Rights and Freedoms guaranteed equal status of English and French for: a. Federal government institutions b. Federal courts c. Parliament D. All publications by Parliament must be in both languages. E. Canadians can communicate with any central government office in English or French.

CANADIAN COURT SYSTEM

IN ALBERTA : 1. The first level of the court system is the Provincial Court. 2. The second level is the Court of Queen’s Bench. This court is a Superior Trial Court of Alberta, and it hears civil and criminal cases and appeals from the Provincial Court beneath it. 3. The Court of Appeal hears appeals from those two courts. IN CANADA: 1. 2. 3. 4.

The first court is the Provincial Court Above that is the Provincial or Territorial Superior Court The third court is the Provincial court of Appeal The fourth court is the Supreme Court of Canada, the highest court

NELLIE MCCLUNG: VOTING RIGHTS FOR WOMEN Nellie was born in 1873 in Ontario, but moved to Manitoba with her family in 1880 as homesteaders. She got married and had five children. She began writing novels and giving public speeches about her novels. Soon she began to speak on suffrage (women’s right to vote) and temperance (not drinking alcohol). She became interested in the terrible working conditions many women faced, working in factories. She took Premier Roblin of Manitoba to see the sweatshops. He commented that “Nice women didn’t want to be allowed to vote.”

In 1916, the new Liberal government gave women the right to vote. It was the first province to give women the right to vote and to run for office. Women in BC, Alberta, and Saskatchewan all got voting rights in provincial elections the same year. Other provinces soon followed. McClung moved to Alberta, where she continued to campaign for women’s rights. She became an elected member of the Alberta Legislature , and became one of the Famous Five. She also initiated the “Persons Case “ in 1928, asking the Supreme Court to allow women to become “persons” and to be allowed to become members of the Senate. The Supreme Court said no, but the following year the decision was changed.

THE FAMOUS FIVE a. The famous five are five women: Emily Murphy, Henrietta Edwards, Nellie McClung, Louise McKinney, and Irene Parlby. b. They argued that women were persons in the Supreme Court of Canada, and should be allowed to be in the Senate. c. In 1867, the British North America Act stated one must be a person to serve in the Canadian Senate. At the time, a person only meant men. d. The Supreme Court ruled against the Famous Five. They appealed to a higher court. In October, 1929, the Court ruled that women were persons. That meant women could be eligible to be appointed to the Senate of Canada. e. The first female Canadian senator was Cairine Wilson in 1930.

VOTING TIMELINE IN CANADA 1916: Women over age 21 in Manitoba, Sask, and Alberta won the right to vote in provincial elections. 1917: Women over age 21 in BC and Ontario won right to vote in provincial elections. All people in the military were allowed to vote, regardless of their age (Military Voters Act). 1918: Women over 21 years of age in Nova Scotia could vote in provincial elections. The federal government decided that Canadian women who could vote in provincial elections could also vote in federal elections. 1919: Women over 21 in New Brunswick could vote in both elections. 1947: Chinese Canadians and Indo-Canadians (from India) could vote. 1948: Japanese Canadians who did not serve in World War II could vote in BC. 1949: Non-status Indians got provincial rights to vote in BC 1950: Inuit got right to vote. Doukhobors, Hutterites, and Mennonites regained right to vote in BC elections only. (they had lost it during World War I because they refused to fight and swear allegiance to the Queen.) 1955: Doukhobors, Hutterites, and Mennonites got the right to vote in federal elections. 1960: All Aboriginal people were allowed to vote. Before this time, they were only allowed to vote if they did NOT live on reserves. If they had moved off the reserves, they had to give up their treaty rights and their Indian status. 1970: Voting age was lowered from 21 to 18 years of age. It was decided that people over the age of 18 could be held responsible for their actions. 1982: The new Canadian Charter of Rights and Freedoms stated that all Canadian citizens had the right to vote and be candidates in elections.

1993: Prisoners serving terms of less than two years were allowed to vote. The Supreme Court of Canada decided the right to vote could not be limited to “decent and responsible people.” Because of TV, internet, newspapers, it was felt that prisoners could keep up to date and make informed decisions. People with mental disabilities obtained the right to vote.

2002: All inmates (prisoners) in federal prisons were allowed to vote, regardless of how long they were serving in prison.

TO THINK ABOUT:

Who was Justine Blainey? (text p. 28-29) What was Ryan’s Well Foundation? (text p. 48) Who is Alanis Obamsawin? (text p. 49) What was their significance relating to rights and freedoms?

MAGNA CARTA LIBERATUM (GREAT CHARTER OF FREEDOMS)

This document was signed by King John under duress. He was forced to sign it on June 15, 1215. This document had significant influence on later documents. It came into being as a result of the following events: 1. King Richard the Lionheart died in England. There were no rules about succession to the throne. 2. John, Richard’s younger brother, wanted to be king. He gave huge pieces of land to the French king, Philippe-Auguste so he would help. 3. Richard’s nephew, Arthur of Brittany, was the rightful heir. Arthur owned all the empire of Anjou. 4. John did become king, but later Philip declared Arthur to be the true king. He invaded (attacked) John’s lands and gave them to Arthur. 5. King John killed Arthur. He lost the support of French barons. 6. John was greedy, ran the country poorly, and was a poor warrior. He needed money to build his army, so he taxed the barons. The barons rebelled and stormed London by force. 7. The barons forced King John to sign the Magna Carta, which declared rights and freedoms to all people and to the Church. 8. One of the rules on the document stated that the barons could overrule the King if they didn’t like his decisions. This took away all the king’s power.

9. When the barons left London, King John renounced the Magna Carta. Civil war broke out. Even the Pope of the Catholic Church said the document was shameful. 10.King John died during the war and his 9 year old son , Henry III, became king. The Magna Carta was reissued, but changed so the barons did not have absolute power. 11. During Henry’s fifty-six year reign, the Magna Carta became a part of English law, and made it difficult for any future king to remove.