HANDBOOK FOR RESPONDING TO RACISM IN PRINCE RUPERT AND SURROUNDING COMMUNITIES
Prepared for the Coalition of Inclusive Communities By Louisa Sanchez and Pamella Groves
Funding provided by Ministry of Community, Aboriginal and Women’s Service: Settlement and Multicultural Branch
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TABLE OF CONTENTS ACKNOWLEDGEMENTS ....................................................................................3 PURPOSES OF THIS HANDBOOK.....................................................................4 DEFINITION OF PROTOCOL ..............................................................................4 IMPORTANT DEFINITIONS .................................................................................5 Racism ..............................................................................................................5 Prejudice ...........................................................................................................5 Stereotyping ......................................................................................................5 Race Discrimination ..........................................................................................5 Hate Crime ........................................................................................................6 Hate Propaganda ..............................................................................................6 Cbyerhate..........................................................................................................6 WHERE TO FIND ANTI-RACISM INFORMATION ON THE INTERNET .............7 SOME IMPORTANT ANTI-HATE DATES............................................................7 RESPONDING TO RACISM.................................................................................8 WHAT TO DO WHEN YOU WITNESS DISCRIMINATION ..................................8 LAWS ABOUT RACISM ...................................................................................11 HUMAN RIGHTS ................................................................................................11 Universal Declaration of Human Rights...........................................................11 Canadian Charter of Rights and Freedoms.....................................................11 Canadian Human Rights Act ...........................................................................12 British Columbia Human Rights Code .............................................................12 HUMAN RIGHTS PROCESS .............................................................................13 HUMAN RIGHTS CONTACT INFORMATION ...................................................14 HELP WITH A HUMAN RIGHTS COMPLAINT..................................................14 HATE CRIMES ...................................................................................................15 Canadian Criminal Code: Hate Propaganda Offences ...................................15 Section 318: Advocating Genocide.............................................................15 Section 319: Public Incitement of Hatred....................................................15 Section 718.2: Criminal Code Sentencing Provision....................................15 Section 19 and 319 of the Immigration Act ..................................................16 THE CRIMINAL CODE PROCESS ....................................................................16 Prince Rupert RCMP.......................................................................................16 B.C. Hate Crime Team ....................................................................................16 HELP FOR VICTIMS OF HATE CRIME .............................................................16 North Coast Victim Services............................................................................16 Crime Victims Assistance Act..........................................................................17 PRINCE RUPERT COMMUNITY RESPONSE PROTOCOLS ...........................17 REFERENCES ...................................................................................................20 Appendix A: Universal Declaration of Human Rights...................................21 Appendix B: Canadian Charter of Rights and Freedoms .............................24
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ACKNOWLEDGEMENTS
This handbook has been made possible by the funding and direction from: The Ministry of Community, Aboriginal and Women’s Service: Settlement and Multicultural Branch And The Prince Rupert Coalition for Inclusive Communities
For further information, go to our website at www.princerupertlibrary/erace.ca
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PURPOSES OF THIS HANDBOOK ♦ ♦ ♦ ♦ ♦
Understanding Respect Acceptance Equality Safety
The Coalition of Inclusive Communities is a group of people who want to make the quality of life better for everyone in Prince Rupert and surrounding communities. To do this, we are committed to eliminating racism. Anti-racism is a way of thinking and acting. People who are anti-racist understand and accept that many cultures make Canada a better place to live in. They also believe that all cultural groups are equal and should be treated with respect. Every person is important. When people of different races experience racism, they feel unsafe and unsure of what to do. This handbook is created to help people in responding to racism and hate crime.
DEFINITION OF PROTOCOL ♦ ♦ ♦ ♦
Prevention Knowledge Awareness A Strong Message
A protocol is what needs to be done when racism happens. By having a protocol in place, community organizations and individuals will know what to do when a racist incident occurs. This will help the victim and save time and money for everyone involved. A protocol will also help to stop racist incidents from happening. When people learn about the consequences of racism, they are less likely to act and think in a way that hurts others. Also, when there is an effort from many different organizations to deal with racism, a strong and clear message is sent. Don’t be racist! A lot of the racism that occurs is not done on purpose. With the right knowledge and awareness, less discrimination will happen. It is our hope that this Handbook will educate employers, employees and the public about how to respond to racism and hate crime.
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IMPORTANT DEFINITIONS ♦ ♦ ♦ ♦ ♦ ♦ ♦
Racism Prejudice Stereotyping Discrimination Hate Crime Hate Propaganda Cyberhate
Racism Racism is a set of beliefs, attitudes and actions based on the idea that one racial or ethnic group is better than another group. Racism occurs in people’s thoughts and behaviors, when you think and act like you are better than another race. Institutional or systemic racism occurs when rules discriminate against an entire cultural group. Racism causes harm by isolating and hurting people and dividing communities. Prejudice Prejudice is a belief or attitude about a person or a group based on their race, color, nationality, ethnicity or religion. It is a way of thinking that “pre-judges” a person or group before you actually get to know them. Often, these beliefs are wrong and are used to justify acts of discrimination. Because it is a way of thinking, there is no law against prejudice. Stereotyping Stereotyping is when a person thinks everyone that belongs to one cultural group is the same. You don’t see people as individuals, but rather assume that all people from that group will behave in the same way. There is also no law against stereotyping, as it is a state of mind. Race Discrimination Discrimination is treating a person or a group unfairly or badly because of prejudice or stereotyping. It is when your prejudiced thoughts are acted on and leads to a disadvantage for the group or individual. Race discrimination occurs when someone bothers, threats or treats a person unfairly because of that person’s race, color, ancestry or birth place. 5
Race discrimination can occur in a number of ways including: • Verbal abuse or threats • Unwelcome remarks, name calling • Insulting pictures, drawings or signs • Not getting a service or goods • Not obtaining a place to live • Not hiring or promoting someone • Hate publications or symbols You must be able to show two factors in racial discrimination: 1) There was different treatment. For example, if there is a manager at work who treats everyone badly, this is not discrimination. 2) Once you have shown that discrimination has occurred, you have to show that you have reason to believe that it occurred because of your group characteristics. Discrimination does not have to be on purpose. “It was just a joke” or “I was teasing” is no excuse under the law. People have the right to live free from discrimination Hate Crime Hate Crime are criminal activities that are motivated by hatred against a person or group because of his/her religion, race, ethnicity or place of birth. Hate Crime encourages genocide (murder of a race) or hatred against an identifiable group. An identifiable group is any group that is set apart by color, race, religion or ethnic origin. It is a criminal offence committed against a person or property which is motivated by the suspect’s hate, prejudice or bias against an identifiable group. Examples are vandalism and assaulting members of minority groups. Hate Propaganda Hate propaganda is any public statement, publication, notice, sign, or symbol emblem that is likely to expose a person or a group of people to hatred because of race, color, ancestry, place of origin or religion (Section 7 of the Human Rights Code). Some examples are graffiti or giving out pamphlets. Cbyerhate Using the internet to spread hate. 6
WHERE TO FIND ANTI-RACISM INFORMATION ON THE INTERNET http://www.adl.org http://www.chd-seattle.org/chd/ http://www.hatewatch.org http://www.glaad.org http://www.nizkor.org http://s-light.demon.co.uk http://www.wiesenthal.com/ SOME IMPORTANT ANTI-HATE DATES February • Multicultural Week • Black History Month March • International Day for the Elimination of Racial Discrimination (March 21) April/May • Yom Hashoa – the internationally recognized day for Holocaust Remembrance June • National Aboriginal Day November • Kristallnacht Commeroration December • International Human Rights Day (December 10)
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RESPONDING TO RACISM
1) Let the person know their behavior is unacceptable and is making you feel uncomfortable. Tell them to stop it. Get help and make sure you are safe. 2) Take notes of what happened, including the date, time, place and description of the incident and the name of the person who discriminated against you. Take pictures if possible, or keep a copy of the flyer or stickers. 3) If the discrimination happens at work, in your apartment building or in a restaurant, tell the employer, landlord or manager what happened and ask them to do something about it. Use the policies that your workplace, school or union has in place. 4) Decide if Federal or Provincial Human Rights Laws apply to your situation. A crime may have been committed, check with the Prince Rupert RCMP. For example, violence or threat of violence. 5) Contact the appropriate level to start your complaint. 6) Contact an advocate (someone to help you with your complaint). This handbook has been created to help you with the above. WHAT TO DO WHEN YOU WITNESS DISCRIMINATION • • • • • • • • • •
Interrupt. For example, “Stop it” or “Wait a Moment” Express upset feelings Disagree, call it racist Question the truth of what is said Point out how it offends and hurts people Put the offender on the spot Help the offender to self reflect (take a personal look at his/her actions) Support the victim Ask others for help and involvement Approach other witnesses at the scene
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Contact Information for a Racist Incident Racist Incident
Has a crime been committed? YES NO
Contact Prince Rupert RCMP 624-2186 100 6th Ave West
Does the place where the racist incident occurred have a protocol to deal with racism?
OR
If you feel uncomfortable dealing with the local RCMP call: B.C. Hate Crime Victim Information Line 1-800-563-0808 YES
NO
Contact the Manager
Provincial: BC Human Right Code 1-877-689-8474 1202-510 W Hastings Vancouver, B.C.
Does Federal or Provincial Legislation apply to the situation?
Federal: Human Rights Code Canada 1-800-999-6899 420-757 W Hastings Vancouver, B.C. 10
LAWS ABOUT RACISM
There are 4 different levels that have rules against discrimination: 1) 2) 3) 4)
Federal: Canadian Human Rights Acts Provincial: British Columbia Human Rights Code Criminal Code Offences Prince Rupert Community Response Protocols
It can be difficult to figure out who you need to report to. The following section is a description of the different Human Rights Agencies, and how you can contact each department.
HUMAN RIGHTS The Universal Declaration of Human Rights and the Canadian Charter of Rights and Freedoms give a moral and legal base to the Canadian Human Rights Act and the British Columbia Human Rights Code. Universal Declaration of Human Rights Article 1: All human beings are born free and equal. You are worth the same, and have the same rights as anyone else. See Appendix A for the Plain Language Version of the Universal Declaration of Human Rights. Canadian Charter of Rights and Freedoms These rights and freedoms are the basis of Canadian Law and can only be changed with great difficulty. There are many rights and freedoms, but Section 15 deals with equality rights. See Appendix B for the complete Canadian Charter of Rights and Freedoms. Section 15: Everyone is equal before and under the law, and has the right to equal protection and benefit of the law without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability. •
The Universal Declaration of Human Rights and the Canadian Charter of Rights and Freedoms give a moral and legal base to the Canadian Human Rights Act and the British Columbia Human Rights Code.
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Canadian Human Rights Act You are protected from discrimination based on: Race, National or ethnic origin, Color, Religion, Age, Sex (includes sexual harassment and pregnancy discrimination), Sexual orientation, Marital status, Disability, Conviction for an offence for which a pardon has been granted. Everyone is protected by the Canadian Human Rights Act in dealing with the following employers and service providers: • • • • • • •
Federal departments, agencies and crown corporations, such as the Department of Fisheries and Oceans Canada Post Chartered banks, such as the Royal Bank National airlines Interprovincial communications (between provinces) and telephone companies. The act has been used to shut down phone lines that promote hate. Interprovincial (between provinces) transportation companies Other federally regulated industries, such as certain mining operations
British Columbia Human Rights Code You are protected from discrimination based on: Race, Color, Ancestry, Place of origin, Political belief (employment), Religion, Marital status, Family status, Physical or mental disability, Sex, Sexual orientation, Age (19-65), Criminal conviction that is not related to the employment. The B.C. Human Rights Code protects you from race discrimination in: • • • •
Employment (includes hiring, firing, wages, or other terms of employment) Tenancy (renting a place) Buying a house, condominium, mobile home or other property Public services and facilities (such as restaurants, governments services, hospitals or schools) • Publications (such as newspapers, posters or signs)
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HUMAN RIGHTS PROCESS •
Provincial complaints must be filed within 6 months of the discrimination.
•
Federal complaints must be filed within 1 year of the discrimination.
•
The racist incident is called the complaint.
•
Victim of the discrimination is called the complainant.
•
The party the complaint is filed against is called the respondent.
Once you have contacted the appropriate human rights agency: 1) Start (file) the human rights complaint. Keep a written record and get signed statements from witnesses. 2) The respondent will be given the complaint and be given a chance to reply. 3) The complainant will be provided with this reply and asked to make a response. 4) An attempt will be made to try to mediate(solve) the complaint. Mediation is voluntary, and it is an attempt to solve the complaint without an investigation or a hearing. Think about how you would like this complaint to be resolved. Remedies (solutions) include: money, an apology, or the development of an anti-harassment protocol. 5) If mediation fails, there will be an investigation and a report. A pre-hearing settlement conference will be attempted. 6) The complaint will be either dismissed (ended) or referred to the Tribunal for a hearing.
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HUMAN RIGHTS CONTACT INFORMATION British Columbia Human Rights Tribunal Suite 1170 – 605 Robson Street Vancouver, B.C. V6B 5J3 Telephone: 604-775-2000 Toll-free: 1-800-440-8844 TTY: 604-775-2021 Fax: 604-775-2020 Website: www.bchrt.gov.bc.ca Canadian Human Rights Commission #420 – 757 West Hastings Street Vancouver, B.C. V6C 1A1 Telephone Vancouver: 604-666-2251 Telephone Outside Vancouver: 1-800-999-6899 TTY: 604-666-3071 Toll free TTY: 1-888-643-3304 Website: www.chrc-ccdp.ca
HELP WITH A HUMAN RIGHTS COMPLAINT B.C. Human Rights Coalition The B.C. Human Rights Coalition was formed to help people understand human rights issues and file human rights complaints. They give free legal advice and support to people who have experienced discrimination. #1202 – 510 West Hastings Street Vancouver, B.C. V6B 1L8 Telephone Vancouver: 604-689-8474 Toll free: 1-877-689-8474 Fax: 604-689-7511 Website: www.human-rights-coaltion.bc.ca
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HATE CRIMES Canadian Criminal Code: Hate Propaganda Offences The following is a summary of the laws against hate. The Criminal code gives definitions about which acts are criminal and can be punished if found guilty. Section 318: Advocating Genocide (1) Anyone who encourages genocide can be sent to prison for up to five years. Definition of “genocide�: (2) Genocide occurs where a person purposely tries to destroy either parts or the whole cultural group, (a) kills members of the group, or (b) deliberately inflicts on the group conditions of life calculated to bring about its physical destruction, for example the Jewish Concentration Camps Section 319: Public Incitement of Hatred (1) Anyone who says things in a public place that causes hatred against a identifiable group in a way that interrupts the peace is guilty of a crime. (2) Everyone who says things, other than in private conversation, which deliberately promotes hatred is guilty of a crime and can be sent to prison for two years. Defences: No person will be found guilty if, a) the statements made are true b) in good faith, he was giving an opinion on a religious subject c) statement were made for public interest and benefit d) trying to reduce the feelings of hatred Section 718.2: Criminal Code Sentencing Provision A court that gives a sentence will consider the following: (a) A sentence will be increased or reduced to consider any relevant aggravating facts relating to the offence or the offender and, evidence that the offence was motivated by bias prejudice, or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factors.
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Section 19 and 319 of the Immigration Act This act allows the Canadian government to keep white supremacists (people who believe that white people are better) with criminal records, or people who are likely to commit an offense, out of the country.
THE CRIMINAL CODE PROCESS If you are the victim of a hate crime: 1) Notify Prince Rupert RCMP, report the incident and make sure you tell the police why you believe the incident was motivated by hate, bias or prejudice. 2) If you are uncomfortable dealing with the local police contact the: B.C. Hate Crime Victim Information Line at 1-800-563-0808. 3) Contact the police members of the B.C. Hate Crime Team. Prince Rupert RCMP 100 6th Avenue West 624-2136 B.C. Hate Crime Team C/o Major Crimes Section – CIU “E” Div. HG – Surrey Satellite Complex 12992 – 76th Avenue Surrey, BC V3W 2V6 Telephone: 604-660-2659 Toll-free number: 1-800-563-0808 Email: sean.mcgowan@rcmp-grc.gc.ca
HELP FOR VICTIMS OF HATE CRIME North Coast Victim Services 100 6th Ave West 627-7779 http://www.citytel.net/rcmp/victimsr.htm NCVSS helps meet the victim’s needs and helps victims through the criminal justice process. They give emotional support and practical help.
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Crime Victims Assistance Act This act helps victims with the costs associated with hate crime. Benefits may include: ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
medical or dental services or expenses disability aids vocational services or expenses repair/replacement of damaged or destroyed personal items vehicle modification or acquisition for disabled victims maintenance for a child born as a result of the prescribed violence lost earning capacity prescription drug expenses counseling services or expenses protective measures, services or expenses for high risk victims home modification, maintenance or moving expenses income support transportation and related expenses
PRINCE RUPERT COMMUNITY RESPONSE PROTOCOLS We encourage every community business, group or organization to develop a protocol that explains the steps in responding to racism. A protocol can help to prevent racism from happening because it sends a message that racism will not be tolerated. The courts have told employers they are responsible in creating a workplace that is free from harassment and discrimination. To follow is a brief description about how a protocol can be developed in your organization. If you need a more detailed description contact: B.C. Human Rights Coalition 1202 – 510 W. Hastings Street Vancouver, BC V6B 1L8 Telephone: (604) 689-8474 Toll free: 1-877-689-8474 Web: www.bchrcoaltion.org Critical Incident Response Model British Columbia Ministry of Community, Aboriginal and Women’s Services Settlement and Multiculturalism Branch 590 West 8th Ave Vancouver, BC V5Z 1C5 Telephone (604) 660-2203 Web: www.mcaws.gov.bc.ca/amip/sam
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Developing a Protocol • •
Have the support of all members of the organization: management and employees. Decide what your objectives are in creating a protocol.
Content of a Protocol Introduction • Provide a statement about the objectives of the protocol. • Give background and key facts surrounding racism in your organization. Definition and Laws • Explain what human rights laws will apply. • Define important terms like ‘hate based crime’, ‘racism’ or ‘discrimination’. • Clearly describe inappropriate behavior. Employees Rights and Responsibilities • Explain rights and responsibilities of employees such as: right to a discrimination free workplace and the responsibility to treat others with respect. Supervisors/ Managers Rights and Responsibilities • Explain rights and responsibilities of managers such as: right to evaluate employees and the responsibility to report and investigate all complaints. Response Procedures • Explain, very clearly, the steps that will be followed by everyone who signs the protocol. • These procedures can either be informal where mediation and discussion can be used to solve the complaint or formal with a timely investigation. • Education that can be made available to staff. Remedies and Addressing the Complaint • A protocol should have in place a way to remedy the consequences of discrimination to help the victim. Possible solutions are: ♦ An oral or written apology ♦ Compensation for lost benefits ♦ A job or promotion that was denied to victim ♦ Reasonable cost of counseling ♦ Movement away from harasser ♦ A written reprimand ♦ A suspension, transfer, demotion, or dismissal
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We would like to commend the organizations in Prince Rupert that have a protocol in to respond to racism. Additional organizations are also in the process of developing protocols. The following are examples of response protocols that have been submitted. School District #52 Department of Fisheries and Oceans http://publiservice.tbs-sct.gc.ca/pubs_pol/hrpubs/hw-hmt/haral_e.asp
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REFERENCES Active Witnessing Responses Developed for Anti-racism Training (A.R.T.) Program, F. Ishu Ishiyama, 2001 Anti-Racism Response Handbook, Skeena Multiculturalism Diversity Group, March 2003. Campbell River’s Response Protocols for Discrimination, Hate Activity and Hate Crime, The Campbell River Cultural Diversity Project, March 2003. Choose Dignity: A Kit for Fighting Hate. WestCoast Coaltion for Human Dignity, 1998. Responding to Incidents of Racism and Hate: A Handbook for Service Providers, British Columbia Human Rights Coalition and the Ministry of Community, Aboriginal and Women’s Services and Multiculturalism Branch and the Ministry of Public Safety and Solicitor General, Victim Services Division, February, 2003. Fillipoff, S. Teaching Human Rights. Program Against Racism Co-ordinator, BCTF.
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Appendix A: Universal Declaration of Human Rights Plain Language Version
1 2
3 4 5 6 7 8 9 10 11 12 13 14
When children are born, they are free and each should be treated in the same way. They have reason and conscience and should act towards one another in a friendly manner. Everyone can claim the following rights, despite - a different sex - a different skin colour - speaking a different language - thinking different things - believing in another religion - owning more or less - being born in another social group - coming from another country It also makes no difference whether the country you live in is independent or not. You have the right to live, and to live in freedom and safety. Nobody has the right to treat you as his her slave and you should not make anyone your slave. Nobody has the right to torture you. You should be legally protected in the same way everywhere, and like everyone else. The law is the same for everyone; it should be applied in the same way to all. You should be able to ask for legal help when the rights your country grants you are not respected. Nobody has the right to put you in prison, to keep you there, or to send you away from your country unjustly, or without good reason. If you go on trial this should be done in public. The people who try you should not let themselves be influenced by others. You should be considered innocent until it can be proved that you are guilty. If you are accused of a crime, you should always have the right to defend yourself. Nobody has the right to condemn you and punish you for something you have not done. You have the right to ask to be protected if someone tries to harm your good name, enter your house, open your letters, or bother you or your family without a good reason. You have the right to come and go as you wish within your country. You have the right to leave your country to go to another one; and you should be able to return to your country if you want. If someone hurts you, you have the right to go to another country and ask it to protect you. You lose this right if you have killed someone and if you, yourself, do not respect what is written here.
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15 16
17 18 19 20 21
22 23 24 25
26
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You have the right to belong to a country and nobody can prevent you, without a good reason, from belonging country if you wish. As soon as person is legally entitled, he or she has the right to marry and have a family. In doing this, neither the colour of your skin, the country you come from nor your region should be impediments. Men and women have the same rights when they are married and also when they are separated. Nobody should force a person to marry. The government of your country should protect your family and its members. You have the right to own things and nobody has the right to take these from you without a good reason. You have the right to profess your religion freely, to change it, and to practise it either on your own or with other people. You have the right to think what you want, to say what you like, and nobody should forbid you from doing so. You should be able to share your ideas also— with people from any other country. You have the right to organize peaceful meetings or to take part in meetings in a peaceful way. It is wrong to force someone to belong to a group. You have the right to take part in your country's political affairs either by belonging to the government yourself or by choosing politicians who have the same ideas as you. Governments should be voted for regularly and voting should be secret. You should get a vote and all votes should be equal. You also have the same right to join the public service as anyone else. The society in which you live should help you to develop and to make the most of all the advantages (culture, work, social welfare) which are offered to you and to you and to all the men and women in your country. You have the right to work, to be free to choose your work, to get a salary which allows you to support your family. If a man and a woman do the same work, they should get the same pay. All people who work have the right to join together to defend their interests. Each work day should not be too long, since everyone has the right to rest and should be able to take regular paid holidays. You have the right to have whatever you need so that you and your family: do not fall ill; go hungry; have clothes and a house; and are helped if you are out of work, if you are ill, if you are old, if your wife or husband is dead, or if you do not earn a living for any other reason you cannot help. The mother who is going is going to have a baby, and her baby should get special help. All children have the same rights, whether or not the mother is married. You have the right to go to school and everyone should go to school. Primary schooling should be free. You should be able to learn a profession or continue your studies as far as wish. At school, you should be able to develop all your talents and you should be taught to get on with others, whatever their race, religion or the country they come from. Your parents have the right to choose how and what you will be taught at school. You have the right to share in your community's arts and sciences, and any good they do. Your works as an artist, writer, or a scientist should be protected, and you should be able to benefit from them.
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28 29 30
So that your rights will be respected, there must be an 'order' which can protect them. This ‘order’ should be local and worldwide. You have duties towards the community within which your personality can only fully develop. The law should guarantee human rights. It should allow everyone to respect others and to be respected. In all parts of the world, no society, no human being, should take it upon her or himself to act in such a way as to destroy the rights which your have just been reading about.
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Appendix B: Canadian Charter of Rights and Freedoms Rights and freedoms in Canada
Fundamental freedoms
Democratic rights of citizens
Maximum duration of legislative bodies
Continuation in special circumstances
Annual sitting of legislative bodies Mobility of citizens
Rights to move and gain livelihood
Limitation
Affirmative action programs
Life, liberty and security of person
Search or seizure
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association. 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. 4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members. (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. 5. There shall be a sitting of Parliament and of each legislature at least once every twelve months 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right a) to move to and take up residence in any province; and b) to pursue the gaining of a livelihood in any province. (3) The rights specified in subsection (2) are subject to a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada. 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. Everyone has the right to be secure against unreasonable search or seizure.
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Detention or imprisonment Arrest or detention
Proceedings in criminal and penal matters
Treatment or punishment Self-crimination
Interpreter
Equality before and under law and equal protection and benefit of law
Affirmative action programs
9. Everyone has the right not to be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefore; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 11. Any person charged with an offence has the right a) to be informed without unreasonable delay of the specific offence; b) to be tried within a reasonable time; c) not to be compelled to be a witness in proceedings against that person in respect of the offence; d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; e) not to be denied reasonable bail without just cause; f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment; g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. 15. (1) Every individual 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. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of
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Official languages of Canada
Official languages of New Brunswick
Advancement of status and use English and French linguistic communities in New Brunswick
Role of the legislature and government of New Brunswick Proceedings of Parliament Proceedings of New Brunswick legislature Parliamentary statutes and records
New Brunswick statutes and records
Proceedings in courts established by Parliament Proceedings in New Brunswick courts Communications by public with federal institutions
Communications by public with New Brunswick institutions
Continuation of existing constitutional
race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada. (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick. (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French. 16.1. (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. 17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. 18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. 19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. 20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where a) there is a significant demand for communications with and services from that office in such language; or b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French. (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French. 21. Nothing in sections 16 to 20 abrogates or derogates from any right,
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provisions
Rights and privileges preserved
Language of instruction
Continuity of language instruction
Application where numbers warrant
privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. 22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French. 23. (1) Citizens of Canada a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province. (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language. (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.
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