Democratic and Mobility Rights (Unit 2 Set 4)

Published on Feb 08, 2017

Examining the rights we have to participate in government and similarly the rights we have to travel within and beyond the confines of our country's border.

PRESENTATION OUTLINE

Democratic and Mobility Rights

David Dickinson 
Photo by FutUndBeidl

Democratic Rights

  • Your right to vote was not guaranteed until after 1982.
  • Sections 3, 4, & 5 of the Charter protect the democratic rights of Canadians.
Not allowed to vote until:

1918 ~ Women
1947 - Japanese/Chinese Canadians
1960 - Status Indians
2000 - Homeless

In 1970 The Canadian Election Act lowered the voting age and the minimum age to run for office from 21 to 18

The right to vote or run for public office prior to 1982 was recognized under various election acts but only as statutes.

These election statutes had the same force or effect as any other statute and could be changed or repealed at any time.

In other words the government had the power to take away the right to vote.



Democratic Rights (Cont)

  • Section 3
  • Every Canadian citizen has the right to vote in elections for Members of Parliament and representatives in provincial and territorial legislatures, and to seek election themselves, subject to certain limited exceptions (for example, minimum voting age), which have been found to be reasonable and justifiable.
Check out Canada's Election Act & BC's Election Act to determine the restrictions that exist on voting in both Federal and Provincial Elections.

Federal Elections
http://laws-lois.justice.gc.ca/eng/acts/E-2.01/

BC Elections
http://www.bclaws.ca/Recon/document/ID/freeside/96106_00

Do you think these limits are reasonable?

Are there others that should be added?
Photo by ItzaFineDay

Democratic Rights (Cont)

  • Section 4
  • Our elected governments cannot hold power indefinitely. The Charter requires governments to call an election at least once every five years. The only exception is in a national emergency, such as war, if two-thirds of the Members of the House of Commons or a legislative assembly agree to delay the election.
Should there be a restriction in Canada similar to that of the USA on the number of times one individual can hold the office of Prime Minister?

Is the 2/3 majority enough of a safeguard over a government abusing the power to stay in office during a "time of real or apprehended war, invasion or insurrection?"
Photo by jeferonix

Democratic Rights (Cont)

  • Section 5
  • Every citizen has the right to have their elected representatives sit at least once a year in Parliament and legislatures, so Parliament and government are held to account.
Another basic democratic principle is that a government must explain its actions to the people. Section 5 of the Charter makes it clear that Parliament (federal government) and the legislative assemblies (provincial government) must hold a session at least once a year. This rule ensures that elected members and the public have a chance to question government actions on a regular basis.

Is a single constitutionally mandated siting enough to achieve this purpose?
Photo by jeferonix

Democratic Rights (Cont)

  • Should Prisoners have an inalienable right to vote?
This will be a discussion topic for class.

Are there specific circumstances where an individual should lose their right to vote?
Photo by kenteegardin

Mobility Rights

  • Section 6(1)
  • Canadian citizens have the right to enter, remain in, or leave the country.
Section 6 protects the right of Canadians to move from place to place.

Section 6(1) specifically ensures that all Canadian citizens are free to come and go as they please.

Having children who were born in Canada does not confer any charter rights on parents to remain in Canada.

Extradition laws place some limits on these rights. These laws state that persons in Canada who face criminal charges or punishment in another country may be ordered to return to that country to face trial.

The Supreme Court of Canada has ruled that an accused person can be sent to other countries to face trial because the idea of covering up a crime is important enough to override the accused’s constitutional rights to stay in Canada.

However, extradition to where citizens will face the death penalty is deemed to violate a person’s right to life. Remember Atif Rafay and Sebastian Burns?
Photo by PeterThoeny

Mobility Rights (Cont)

  • Section 6(2)
  • Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada.
Section 6(2) gives all Canadian citizens and permanent residents the right to move to, and live in, any province or territory. They may also look for work or set up a business there.
Photo by Great Beyond

Mobility Rights (Cont)

  • Section 6(3)
  • Governments in Canada can't discriminate on the basis of someone's current or previous province of residence. For example, if a person is a qualified professional, such as an accountant, in one province, another province cannot prevent him or her from working there because that person does not live there.
Section 6(3) also makes clear that provinces may decide to give social benefits, such as welfare, only to persons who have lived in the province for a certain period of time. They may also pass employment laws that require workers to have the necessary qualifications to practice their profession or trade.

These limitations help to alleviate fear over (1) unemployed workers traveling to richer provinces and overusing services. (2) poorer provinces could face immigration from other provinces that would take scarce jobs.
Photo by Cam in Van

Mobility Rights (Cont)

  • Section 6(4)
  • Provinces with an employment rate below the national average may also set up programs for socially and economically disadvantaged residents, without having to extend them to non-residents.
Section 6(4) allows a province that has an employment rate below the national average to create affirmative action programs that favour its own residents.

Affirmative Action:
an active effort to improve the employment or educational opportunities of members of minority groups.

Questions

  • Many Canadian universities charge higher fees to students from other provinces. How might this practice be related to mobility rights?
  • Do you think voters should be required to have their faces uncovered so election officers can identify them visually? How would this impact Canadians from cultures with strict rules about showing a woman's face in public?
We will discuss these questions in class.

In addition to the textbook the content of these notes comes from:

Rights and freedoms in Canada - About Canada's System of Justice. (n.d.). Retrieved from http://www.justice.gc.ca/eng/csj-sjc/just/06.html#dr

Your Guide to the Canadian Charter of Rights and Freedoms - Canada.ca. (n.d.). Retrieved from http://canada.pch.gc.ca/eng/1468851006026

David Dickinson

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