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PLEA’s Law 30 Resource Portal

LAW30-FL3

Assess the importance of the Canadian Charter of Rights and Freedoms.

Outcomes for this indicator

(a) Investigate the historical context for the inclusion of the Canadian Charter of Rights and Freedoms (Charter) (1982) in the Constitution Act (Constitution) (1982).

Fundamental Freedoms in Canada from Chapter Five of Sunshine Sketches of a Little Town: The Learning Resource (FL1-j)
Who Has the Final Say? from The PLEA: Democracy and the Rule of Law (FL1-d, FL3-a)


(b) Evaluate how the Charter attempts to seek balance between the rights of the individual versus those of society and apply to specific scenarios and case studies.

Lesson 3: What is Liberal Democracy from Democracy and the Rule of Law (FL1-d)
Lesson 5: Freedom and Law
in Democracy and the Rule of Law (FL1-d, FL3-h)
Absolute Freedom and Universal Health Care from Albert Camus' The Plague: The Learning Resource (FL2-b, FL3-e)
Equality, Empathy, and Freedom of Expression from Albert Camus' The Plague: The Learning Resource (FL3-e, LT2-m)

(c) Examine the structure and content of the Charter, including its jurisdiction, its enforcement, how it can be amended and the difference between Charter rights and Charter freedoms.

Charter of Rights and Freedoms

(d) Discuss the limits of the Charter's jurisdiction as it only applies to the relationship between the state and the citizens.


(e)
Explain why the “reasonable limits clause” and the “notwithstanding clause” exist and justify situations when they can be applied.

Who Has the Final Say? from The PLEA: Democracy and the Rule of Law (FL1-d, FL3-a)
Lesson 7: Making Reasoned Laws, Part II from Democracy and the Rule of Law (FL1-d, FL2-c)
Absolute Freedom and Universal Health Care from Albert Camus' The Plague: The Learning Resource (FL2-b)
Equality, Empathy, and Freedom of Expression from Albert Camus' The Plague: The Learning Resource (FL3-h)


(f)
Justify how the Constitution and the Charter protects existing rights, inherent Indigenous rights and minority language educational rights.

The PLEA: Running Jokes (FL1-k)


(g)
Examine processes and supports available to offer protection against breaches of rights and freedoms such as:

  • the Canadian Human Rights Act (1985);
  • the Saskatchewan Human Rights Code;
  • the Saskatchewan Human Rights Commission;
  • the Ombudsman Saskatchewan Office;
  • the Saskatchewan Children and Youth Advocate;
  • the Official Language Commissioner; and,
  • the Office of the Treaty Commissioner.

Dealing With Government Agencies

(h) Assess scenarios and case studies that illustrate how courts interpret laws in light of the Charter to shape and inform current laws.

Lesson 5: Freedom and Law in Democracy and the Rule of Law (FL1-d, FL3-b)
Lesson 7: Making Reasoned Laws, Part II from Democracy and the Rule of Law (FL1-d)
Absolute Freedom and Universal Health Care from Albert Camus' The Plague: The Learning Resource (FL2-b)
Equality, Empathy, and Freedom of Expression from Albert Camus' The Plague: The Learning Resource (FL3-e, LT2-m)

(i) Examine how groups or individuals (e.g., Indigenous people, treaty rights holder, gender and/or sexually diverse, minority languages) struggle to have their rights recognized and protected.

Political Protest from Albert Camus' The Plague: The Learning Resource (FL2-k, FL2-m)

(j) Explore the steps one might take if they believe their Charter rights have been violated.

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