Bill C-31 was made to make changes to the Indian Act, in particular, the Act was trying to give Indigenous women the right to marry without losing their Indigenous status. The Impact was that In 1985 Bill C-35 was passed and allowed women to now enable Indigenous women to marry without losing their status and also enabled first-generation children of these marriages to regain legal status.
The British North America Act received Royal Assent on 29th March 1867 and went into effect on 1st July 1867. The Act united the three separate territories of Canada, Nova Scotia, and New Brunswick into a single dominion called Canada.
Positive:
-Canada would have a parliamentary and cabinet government.
-Gave Canada the basis for common law with British/English law
Negatives:
-Made First Nation peoples lose their land rights
-Stripped Indigenous peoples of many other rights
-Led to a large inequality in federal and provincial power
Other freedoms , Peaceful assembly and Association. Peaceful Assembly usually associated with the right to participate in peaceful demonstrations, and Association refers to the right of individuals to join together in groups such as political parties, unions and clubs.
Understanding Human Rights
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The Canadian Charter Of Rights
We all have annoying traits, we might not be so aware of these but those around us are. Identify these and find ways to remove them your life.
Under section 1 of the charter is the reasonable limits clause. rights and freedoms may be limited if the limitation can be justified in a free and democratic society. courst usually decide what "reasonable" means on a case by case basis. Example, a person's freedom of expression my be limited if they are promoting hate speech
The Canadian Charter Of Rights and Freedoms was Deployed in the Canadian Constitution on April 17 1982. this means that the Constitution protects our rights and freedoms. the charter applies to every level of government and overcomes the limitation of the previous Bill of rights. Most rights are not absolute, can be limited but this must be justified
Democratic and Mobility Rights. Sections 3,4,5 of the Charter. Right of citizens to vote, also guarantees that an election must be held every five years. Mobility rights, section 6, right to enter and leave Canada ; right to move between provinces and territories
Charter sections that protect personal and procedural rights in the criminal justice system.
Section 7: Life, Liberty, Secruity of person. Section 8 : Search and Seizure.
Section 9 : Detention or imprisonment
Section 10: Arrest or Detention
Section 11 : Criminal Proceedings
Section 12 : Treatment or Punishment
Section 13: Self-Crimination
Section 14 : Right to an Interpreter
The Charter employs many freedoms. Everyone in Canada is free to practice and follow their religion or faith. No one can be forced to act in a way that violates their religious beliefs. Includes all forms of communication and expression like speech, media, and arts. This freedom may be limited if a person promotes hate or discrimination.
Under section 33 of the charter, also refrred to as the "pverriding clause" and the "pot out clause". this clause allows governments to enact or maintain laws notwithstanding, the fact they may violate rights and freedoms in the charter. If a government uses this clause, the law they are enacting must be reviewed every 5 years.
Important Legislation
Besides our own wellbeing, we are also a little responsible to leave a good place after us. Think about how you can contribute to your community.
Quebec Act
The act established a separation between Quebec and the rest of British North America that is still present today with Québec and the rest of Canada as there are strong separatist movements in the province today.
The Quebec Act was put into effect on the 1st of May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. The Act guaranteed the freedom of worship and restored French property rights.
Canadian Bill Of RIghts
The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking and was put into action by the government of John Diefenbaker in 1960. However, it proved to be too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. Although it is still technically in action, it has been overtaken by the Canadian Charter of Rights and Freedoms. The main impact of the bill was brought to the attention of Canadians that legislation defending human rights and fundamental freedoms is important, this paved the way for the Charter to be signed in 1982 which expanded on the ideas of the Bill of Rights.
The Royal Proclamation
The Royal Proclamation is a document that set out guidelines for European settlement of Aboriginal territories in what is now North America. It was initially issued by King George III in 1763 to officially claim British territory in North America after Britain won the Seven Years' War.
The Royal Proclamation further sets out that only the Crown can buy land from First Nations. Most Indigenous and legal scholars recognize the Royal Proclamation as an important first step toward the recognition of existing Aboriginal rights and titles, including the right to self-determination.
Developments Of Human Rights And Laws
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The Indian Act & Bill C-31
British North America Act
