Documentation:Lesson Plan 3
Charting the Charter: How do the Canadian Constitution and the Charter of Rights and Freedoms impact the lives of Canadians and in what ways have Canadians influenced/shaped these documents over time?
Course: Socials 11 /// Duration: 80 Minutes
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Prescribed Learning Outcomes:
- Describe major provisions of the Canadian constitution, including the Canadian Charter of Rights and Freedoms, and assess its impact on Canadian society
- demonstrate understanding of the political spectrum
- describe Canada’s evolution as a politically autonomous nation
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Instructional Objectives: By the end of this lesson, students will…
- Understand the major political developments leading to the creation and implementation of the Charter of Rights and Freedoms.
- Begin to understand the rights accorded to all citizens of Canada under the Charter.
- Critically assess the importance and significance of the Charter in terms of what rights it provides citizens and what some limitations might be.
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Introduction:
Brainstorm: What rights and freedoms do Canadian citizens have? Provide examples. Jot down at least 3 on a piece of paper, and then share with class. Generate a list of responses on the board.
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Body of Lesson
Lecture:
1) Discuss, in brief detail, the key events that led to Canada’s full political autonomy.
Statute of Westminster, 1931
With the passage of the Statute of Westminster, Canada ceased to be a colony of Britain. The Statute was the logical end of years of change and negotiation between Britain and her Dominions. It made several key provisions:
- British parliament could no longer nullify laws in the Dominions.
- Dominions could make their own extra-territorial laws.
- British law no longer applied to the Dominions.
Although Canada had already acted on her own in the past, the Statute of Westminster formally put external affairs under the authority of the federal government.
Universal Declaration of Human Rights, 1948
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
Bill of Rights, 1960
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada. The Canadian Bill of Rights remains in effect, but its widely acknowledged ineffectiveness was the main reason that the Canadian Charter of Rights and Freedoms was adopted in 1982.
Night of the Long Knives, 1981
In one last attempt to renew the constitution with the consent of the provinces, Prime Minister Trudeau met behind closed doors in Ottawa with the ten provincial premiers. It was the culmination of more than five decades of constitutional wrangling and has been called the most important conference since the Fathers of Confederation got together in Québec City in 1864. Trudeau was fiercely determined to make Canadians fully independent and to entrench a Charter of Rights and Freedoms. Québec was alone in refusing to sign the final deal.
Constitution Act & Canadian Charter of Rights and Freedoms, 1982
This marked the first time a charter of rights had been included in any Canadian constitutional document. Because of this, courts were given a much greater say in government and can now disallow legislation on the basis of violations against the Charter of Rights. It also:
- Made specific mention of Aboriginal rights.
- Included the "notwithstanding clause," which allows a province to override the Charter of Rights.
- Set the rules for amending the Constitution.
Meech Lake Accord, 1987
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase support in Quebec for remaining within Canada.
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2) Identify the contents of the Charter: - Fundamental freedoms - Democratic rights - Mobility rights - Legal rights - Equality rights - Official language rights - Minority language rights - Educational rights
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Activity: In groups of 3, students will be assigned a specific section of the Charter for which they will create a three-column chart with the following headings: Right/Freedom; Explanation; Example. Large pieces of white paper will be provided for this activity. The posters will then be displayed in the classroom so students can have a practical understanding of the Charter.
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Closure:
Students are to rank order the sections of the Charter in terms of historical significance and impact on lives of Canadians. Then, answer the following questions: - What changes/additions would you make to the Charter, and why? - Are there any current limitations of the Charter, what? - What does the Charter mean for different groups of people living in Canada?
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Multiple Ability Tasks
1) Visual cues will be available at all times for non-verbal learners.
2) Notes will be provided to students with difficulty focusing in class or taking notes.
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