Rights and Challenges: A Critical Look at Canadian and Global Legal Frameworks

The Indian Act – served the function of gradually and overtime dismantling the rights previously guaranteed to indigenous persons – this act allo the government to control most aspects of aboriginal life. such as Indian status, land, resources, wills, education. – groups of high school studen have performed the Twanna dance in school festival and that puts them and the school in in trouble. Land Surrenders – process of acquiring indigenous lands in exchange for reservations, fishing rights, etc- The problem with this is that the fishing refer to as right and looked to as some to offer or exchange, but the land is indigenous land, Therefore, they can fish or do anything to their land – The government ask for someone is in exchange they can cook in their house. The Human Rights Act – designed to extend Canadian law in order to ensure equal opportunity for tho who may be the victims of discriminatory practices based on prohibited grounds – but in s.67 stated that “nothing in this act affects any provision the Indian Act or any provision made under or pursuant to the Act” – child welfare services. First nation children living on reserve are denied fair equitable access to government services like education. education is necessary service under fundamental human rights. Starlight Tours – the p became known as talking indigenous people on”- this is the Saskatoon freezing deaths were a series of deaths of Canadian indigenous people i the deaths were caused by police service who arrested them because of drunkenness or disorderly behaviour then drove them out of the city in winter and leave them. – there were two young indigenous fighting in the street and police care passed by saw them and arrest them and drove 50 km and left them there. Moral Panic – feeling of fear spread among a number of people that some evil threatens the well-being of society – is often irrational one that someone or something is a threat to the values, safety, and interest of a community of society at large. and media can cr moral panic through labelling groups of people of something as a threat to society. – the creepy clowns threat was going for a while which create moral panic in society. Anti-Terrorism – is the pre-emptive detentions, secret trials, and expansive security and surveillance – this act was passe parliament I response to the terrorist attacks on September 11,2001 – terrors attack to the CN tower on 11 September 2001 which cause U.S fea because of their correction to Canada, Therefore, they created codes to explain what behaviour define as terrist. Visitation – being question by f security official.- when federal found someone suspicion based on discrimination.- intent search on a family who came from Iraq.- National Secu Letters- expand FBI power to search- this violate the security rights- university student searching about where to get gun for school reach paper, FBI will find this suspicion and link it to criminal offend. Volksgemesichafi – building people community based on race – this violate the right of equality – Holocaust. this is exclude Jewish from everyone such as shutting down their business, send them to camp and not allowing to marry. Customary international law – a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles – is the bo of rules that government the conduct of states and other international associations such as the UN. Gay Propaganda laws – this law bans parad public marches, festival, seminars, conference publishing, and LGBTQ organization- the Russian federal law “for the purpose of protecting childr from information advocating for a denial of traditional family values” – if politician in raise stand up and say we need to change e or examine the Gay P Law will result on disappear of this politician. Gross Indecency- any indication show that the 2 men are in relationship. no need to be phys it can be verbal – this violate the freedoms of express yourself with consent adult – men say I love you to the another men. Forced marriage – marriage in which at least one party has not consented or is being compelled to marry against their will- this violated the right to consensual mar and liberty rights – a 16 years girl was forced to marry because of cultured reasons and that result that the girl to lose her natural rights like educ Honor killing – homicides, which target women whose actual or susceptible actions tarnish a family ‘s reputation- if this practice was religion or culture why is it more men than women feel this way? This patriarchy societies – in a history of middle east, men used to bury the new burn baby avoid tarnish. Genital cutting – a practice aimed at preventing what is regarded as female sexual miscount – this may violate the rights of securit life, if he hygiene is based and there is no full voluntary consent- the parents force a16 girl to do it home w/no safe equipment. this result UN say violate person security of life right. Not all the countries around the world have Constitution Act that been written by humans. Some countries foll Sharia law. Sharia law is based on multiple sources. The main and first source is Quran which is the Muslim holy book, where Sharia is largely b not exclusively found. The Quran does not hold the answers to all questions regarding how one should live their life, and vis a vis, law and Crimi justice. Therefore, there are other sources must be turned to in order to fill in the blanks like Sunna which is the way that the prophet Muhammed lived his life. Secondly, Hadiths which is the statements providing a Narration about what the prophet did, said, approved of. And much more sources. A great example that used Sharia law as Constitution Act is Saudi Arabia. Saudi Arabia doesn’t have the right to democracy as it stated the Constitution Acts 1992, Monarchy “ The system of government in the Kingdom of Saudi Arabia is that of a monarch. Rule passes to the sons the founding King, Abd al-Aziz Bin Abd al-Rahman al-Faysal Al Sa’ud, and their children’s children. The most upright among them is to receive allegiance in accordance with the principles of the Holy Koran and the Tradition of the Venerable Prophet.” Article 5, Part 1 of the Constitution Ac Therefore, Saudi Arabia is a unitary state, absolute monarchy, and an Islamic state. Which means Saudi Arabia is a state governed as a single p in which the central government is ultimately supreme, also means that Saudi Arabia is a form of monarchy in which the monarch holds supreme autocratic authority, principally not being restricted by written laws, legislature, or customs. Monarchy is a form of government with a monarch at head like a kingdom. The religion of Saudi Arabia is Islam and the main reason that Saudi Arabia been and still an Islamic country is because of “Kaaba” which is the “home of Islam” is located in Mecca. Mecca is one of the cities in Saudi Arabia. There are many more places that consider be the holiest places in Islam like Al-Masjid al-Haram and Al-Masjid al-Nabawi these are also located in Saudi Arabia. The act also justify that Saudi Arabia is monarch country, which means citizens have to follow whatever the king or prince say or/ and apply on the country. It also mean citizen has no right or freedom to protest, speech, or express their opinion against any decision the King and prince apply to the country. Saudi Arabia’s citizen just follows any decision comes from the king even if it was against their well or violate their right as a human. Not like the Canadian Constitution Act.The Canadian Constitution Act is a set of laws contain the basic rules about how our country operates. The Constituti states the powers of the federal, provincial, and territorial government in Canada, but before 1982 Canada didn’t have Charter Rights and Freed Our rights and freedoms before the Charter were implied even though it wasn’t written, but still, our rights and freedoms were fought for in court read between the lines in the Constitution.The only way the government can limit our rights and freedoms was by the punishment which is a correction, and that is under the federal power and responsibility because the correction is criminal law. So for the provincial to arrest or violate someone's rights and freedoms they needed to show it as a criminal issue/matter. That shows that the federal government was the one passing Canada. Also, shows that the federal government was the one on power. To challenge the federal government, the only way was to take the cas Britain Constitution which has the charter of rights and freedoms.Pierre Trudeau has presented the bill of rights. The bill of rights was not strong, wasn’t like the Constitution. The federal government was able to violate that bill easily and anyone can change any right. The Bill has no power t challenge previous cases and by law, no one needs to follow the bill. Then Ethan Baker was the one who provided us with the Canadian Charter Rights and Freedoms. He was a teenager (university student) when he wrote the draft of the Charter and hold on to it till he becomes Parliament. Ethan Baker is Charter has replaced the Bill. Then Trudeau applies the steps for the Charter to be in Constitution. It started with the Victoria Charter. In 1971, Treadu set a proposal of an amendment to the Constitution of Canada. This step was an attempt to patriate (turning ov return of legislative powers that were formerly held by another country) the Constitution, add Rights and Freedoms to it and entrench (makes Constitutional amendment either more difficult or impossible to pass) and English and French as Canada’s official languages. Victoria Charter fa because Quebec wanted to add the social policy to be under provincial and federal can’t interfere. Treadu didn’t agree, but offer Quebec the abi change anything in the Constitution. Quebec has turned down the offer. The second time, when Treadu tries to get provinces sign to entrench th charter. Quebec wanted the offer that turned down. Therefore, Treadu holds a meeting, he invited all provinces except Quebec and offer the pro the “notwithstanding” clause, which allowed provinces to OPT out of certain obligations in the Charter. The offer has resulted in the provinces to sign the Charter. Section one of the Charter is the Limitations Clause. The Limitations clause guarantees the rights and freedoms set out in it su only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This means section one of th Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed, but also allows the government to limit an individual’s Charter rights. This section of the Charter is important because it set out a general framework for justifying lim on rights and freedoms that are guaranteed in the Charter. For example, right to express yourself freely in public, that doesn’t mean you are free draw graffiti all over a public building. It is reasonable for the government to restrict your right to do so. Therefore, many of our rights and freedom are guaranteed up to a reasonable point otherwise out right will be taken away. Our rights will be taken away if they are a threat to public safety infringe upon the rights of other. However, the right and freedoms in the Charter are not absolute guaranteed because the provinces have “notwithstanding” clause. The “notwithstanding” clause allows the government to violate our right and freedoms as long as they want. This mean when any level of government use the “notwithstanding” clause to apply to create any bill, the bill can stay for five year, but the government can renew it over and over again. Therefore, our rights and freedoms lies in the hands of just five people in Canada. These five people are five judge the Supreme Court of Canada. The Supreme Court of Canada is the highest court of the land and its decisions are the ultimate expression and application of law in Canada. The procedure of changing or amending the Charter is under S.38, which stated that to adopt by the legislatures of provinces representing at least 50% of the population of Canada to change or amend law. The Charter protect any person in Canada whether th Canadian citizen, a permanent resident or a newcomer. But the Charter give some rights only to citizens. Such as the right to vote under section the rights to enter and remain in and leave Canada under section 6. Under section 7 of the charter everyone have the basic right to live. This sec protects an individual’s autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within section: the right to life, liberty and security of the person. Under this section a person may access medical assistance in dying only if they meet of the criteria. They should be at least 18 years of age and capable of making decisions with respect to their health, they have grievous and irremediable medical condition, they have made a voluntary request for medical assistance in dying that, in particular, was not made as a result eternal pressure; and they give informed consent to receive medical assistance in dying after having been informed of the means that are availa relive their suffering, including palliative care. The protection and enforcement of out right and freedoms comes, not from the Charter, but form judges’ opinions about the content of the Charter. Under Section 8 of the Charter, stated that everyone has the right to be secure against unreas search or seizure. Unreasonable search and seizure means that without a search warrant and without probable cause to believe that evidence o is present, person is protected. For example, if police found illegal drugs in someone cares after searching without a warrant from court or proba cause of searching, the evidence can’t be use against the person. Section 11 stated that any person charged with an offence has the right to be informed without unreasonable delay of the specific offence, to be tried within a reasonable time; not to be compelled to be a witness in proceed against that person in respect of the offence, to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal, not to be denied reasonable bail without just cause, lastly the right to be triad by a jury.Canada is in violation numerous key provisions within the United Nations Declaration on the Rights of Indigenous People. The article one, Under the UN Declaration o the Rights of Indigenous Peoples stated that “indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all hum rights and fundamental freedoms, have the rights to life, physical and mental integrity, liberty and security of person. section 15 sub one of the Charter stated that everyone is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This refer to Racial profiling as well. Racial profiling is police consciously or otherwise, stop and search racialized individuals on the ba of stereotypes rather than reasonable grounds to believe an offence has taken place. Fitzgerald and Carrington, has shown that indigenous you times more likely to report having contact with the police compared to non-indigenous youth. An example of that will be the Saskatoon Freezing Deaths. This is series of deaths amongst indigenous people in Saskatoon, Saskatchewan in the 2000s. These deaths were caused by members Saskatoon Police Service, officers of which arrested indigenous males, drove them out of the city and abandoned them there. This practice beca known as “starlight tours”. Anti-terrorism policy in the US and Canada has been largely driven by moral panics surrounding Muslims and Islam. T all occur after the 11 of September, 2001. which is the day of terrorism attack on New York and Washington, DC. Moral Panic is the feeling of fe spread among a large number of people that some evil threatens the well-being of society. An example of that is the fear of Muslims among US Canada after the attack. The moral panic after the attack resulted the federal government to expand its power to prevent future attack. Some of t expand power is the National Security Letters. This expand FBI power to go through individual search history. Secondly, the Anti-Terrorism Act 2015. which broadened the authority of Canadian government agencies to share information about individual easily. Cultural Relativism is the id that a person’s beliefs, values, and practices should be understood based on that person’s own culture, rather than be judged against the criteria another. Cultural relativism is an attitude and focuses on the importance of the local understanding of the meaning of particular beliefs and activi It helps us to re-examine and correct our assumptions and bias on cultures and people of the world. An example of that LGBTQ2+ rights and freedoms travel freely across international borders, but they encounter opposition, resistance and rejection are under certain national contexts. Cultural Relativism can be fix with Globalisation. Globalisation is the increase and more intense interactions and integration between people, companies and governments. which caused the ideascapes. Ideascapes is ideas that flow and are transmitted across the globe. like what should legal and what should be illegal, proper/improper, acceptable/unacceptable, rights, freedoms, and deviant. But homophobia is still not acceptable many countries. Homophobia is a range of negative attitudes and feelings toward same sex orientation and/or activity or people who are identifie perceived as being lesbian, gay, bisexual, two spirited, questioning, or transgender. For example, Russian Gay Propaganda Laws. Gay Propaga law is the purpose of protecting children from information advocating for a denial of traditional family values. The Gay Propaganda law band Parades, public marches, festivals, seminars, conferences, publishing, and LGBTQ organization. The Middle East and Northern Africa are relativ dangerous places for women. However Islam and Sharia are not the cause of women’s rights violations and restrictions in freedoms in the Middl east and North Africa. Instead the social variable that appears to be structuring society where violations of women’s rights and freedoms are high appears to be Patriarchy. The study have shown that women are restricted in when they can be outside, where they can travel, what they can w what they can say, how they can travel (driving), voting and running for office, lastly their ability to spend money. Most of the countries in the Middle East and Northern Africa still with mindset of men are the providers and women are caregivers. For example, Saudi Arabia. According to student paper, Saudi Arabia are restricting women freedoms in ways they can’t travel without their father, brother, husband or any men from the family.