The Charter of Rights and Freedoms — what rights do you have?

True North
10 May 202020:45

Summary

TLDRThis video discusses the Canadian Constitution and Charter of Rights, explaining their historical context and significance. It delves into the Constitution's role in defining rights and government, and how the Charter acts as a 'living document'. The video also addresses the unique 'notwithstanding clause', allowing provinces to override certain rights, and ponders the balance between individual freedoms and societal needs, especially relevant during crises like the coronavirus pandemic.

Takeaways

  • 📜 The video discusses the Canadian Constitution and where rights in Canada come from, contrasting philosophical theories with practical applications.
  • 🏛️ A constitution is defined as a set of principles or laws that form the foundation of a nation's governance, including how the state is governed and the rights and requirements of its citizens.
  • 🇬🇧 The United Kingdom does not have a single document constitution like the United States, but rather a collection of laws and legal precedents.
  • 📜 The British North America Act of 1867 is considered Canada's founding document, establishing the country as a confederation of four provinces.
  • 📚 Prior to 1982, Canada's rights were scattered across various documents like the Canadian Bill of Rights and the Canadian Human Rights Act, complicating their application and interpretation.
  • 🌐 The Constitution Act of 1982, which includes the Canadian Charter of Rights and Freedoms, unified Canada's constitutional laws into a single document, clarifying rights and legal processes.
  • 🤔 The video raises questions about the balance between individual rights and government actions, especially in times of crisis like the COVID-19 pandemic.
  • 🏢 The 'notwithstanding clause' (Section 33) allows federal or provincial parliaments to override certain sections of the Charter, sparking debates about the permanence and hierarchy of rights.
  • 🗣️ The Charter includes fundamental freedoms, democratic rights, mobility rights, and legal rights, emphasizing the importance of these rights in Canadian society.
  • 👥 The video suggests that understanding the Constitution and the Charter is crucial for discussing rights, as it provides a common framework for these discussions.
  • 🔮 The video concludes by hinting at future discussions on the concept of the Constitution as a 'living document,' which may evolve in interpretation over time.

Q & A

  • What is the primary function of a constitution?

    -A constitution serves as a set of principles or laws that are the foundational laws of a nation or state, outlining how the state will be governed, including the rights and requirements of its citizens.

  • How does the Canadian Constitution differ from the American Constitution?

    -The Canadian Constitution is not a single document but a combination of documents and British common law, whereas the American Constitution is a single written document.

  • What is the significance of the British North America Act of 1867?

    -The British North America Act of 1867, also known as the Constitution Act 1867, is the founding document of Canada, establishing it as a confederation of four provinces.

  • What is the role of the Statute of Westminster in Canada's constitutional history?

    -The Statute of Westminster in 1931 granted the Dominions of the British Commonwealth, including Canada, legislative equality with the UK, effectively allowing them to govern themselves.

  • Why was the repatriation of the Canadian Constitution necessary?

    -The repatriation was necessary because prior to 1982, Canada's constitution was still under the legislative jurisdiction of the British Parliament, and Canada wanted to have full control over its own constitutional laws.

  • What is the Canadian Charter of Rights and Freedoms?

    -The Canadian Charter of Rights and Freedoms is a part of the Constitution Act 1982, which outlines the basic rights and freedoms of individuals in Canada.

  • How does the Constitution Act 1982 affect the interpretation of rights in Canada?

    -The Constitution Act 1982, by including the Charter, provides a unified legal framework for interpreting rights in Canada, making it easier for courts to apply and balance rights between individuals and the state.

  • What is the 'notwithstanding clause' or Section 33 of the Canadian Charter?

    -Section 33, also known as the 'notwithstanding clause', allows federal or provincial legislatures to override certain sections of the Charter, effectively exempting laws from certain Charter rights.

  • Has the 'notwithstanding clause' ever been used in Canada?

    -Yes, the 'notwithstanding clause' has been used at the provincial level, notably in Quebec for language laws, but it has never been invoked at the federal level.

  • What does the term 'living document' mean in the context of a constitution?

    -A 'living document' refers to the idea that a constitution can be interpreted and applied in response to changing societal values and circumstances, even though the original text remains the same.

  • How does the Canadian Constitution address the balance between individual rights and the needs of society?

    -The Canadian Constitution, through the Charter, outlines individual rights but also allows for reasonable limits on those rights as prescribed by law and justified in a free and democratic society.

Outlines

00:00

📜 Introduction to Constitutional Rights

The speaker begins by addressing the feedback from the last video, where they discussed the theoretical concept of rights. The audience asked for a more practical discussion about the Canadian constitution and the source of rights. The video aims to bridge the gap between theory and practice. The speaker defines a constitution as a foundational set of principles or laws that govern a nation. They differentiate between the American Constitution and the Canadian approach, which includes the Charter of Rights and Freedoms. The British North America Act of 1867 is highlighted as the foundational document of Canada, establishing it as a confederation of provinces. The speaker also discusses the evolution of Canada's constitutional framework, including the influence of British common law, until the Constitution Act of 1982, which repatriated the constitution and included the Charter.

05:02

🇨🇦 The Constitution Act 1982 and the Charter

The speaker delves into the Constitution Act of 1982, which is Canada's current constitution, and the inclusion of the Charter of Rights and Freedoms. They explain how this act became the supreme law of Canada, unifying various rights documents under one. The Charter outlines fundamental freedoms, democratic rights, mobility rights, and legal rights. The speaker also discusses the implications of the coronavirus crisis on these rights, such as the balance between government decisions and individual freedoms. Historical context is provided with a video clip of Queen Elizabeth signing the Charter in 1982, symbolizing Canada's constitutional independence from Britain.

10:05

🚫 Limits of Rights and the Notwithstanding Clause

The speaker explains the concept of limits on rights, using the example of criminal activity, where certain rights can be justifiably restricted to maintain law and order. They introduce the 'notwithstanding clause' or Section 33 of the Charter, which allows federal or provincial parliaments to override certain rights. This clause has been controversial due to its potential to undermine fundamental freedoms. The speaker notes that while it has never been used at the federal level, provinces like Quebec have invoked it for language laws, suggesting a reordering of rights rather than a complete dismissal.

15:07

🌐 The Charter as a Living Document

The speaker discusses the notion of the Charter as a living, breathing document, suggesting that its interpretation can evolve over time. They emphasize the importance of societal understanding and upholding of rights, as these are ultimately enforced by the government. The speaker also sets up for a future discussion on how to interpret constitutional documents, especially in light of changing societal norms and the potential for reinterpretation of rights.

20:08

📢 Closing Remarks and Call to Action

In the concluding part, the speaker summarizes the video's content and encourages viewers to engage with the topic of constitutional rights. They mention the relevance of discussions on rights in the context of current events, such as the pandemic and debates on gun rights. The speaker invites viewers to subscribe and stay updated with their channel for further exploration of these topics. The video ends with a reminder for viewers to stay safe and take care during challenging times.

Mindmap

Keywords

💡Constitution

A constitution is a set of fundamental principles or established precedents that dictate how a nation or state is governed. In the video, the speaker explains the role of the constitution in defining laws, governance structures, and rights in Canada. Canada's constitution includes various documents, with the British North America Act of 1867 and the Constitution Act of 1982 being critical parts of its legal foundation.

💡Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a key part of Canada's Constitution, introduced in the Constitution Act of 1982. It guarantees fundamental rights and freedoms to all Canadians, such as freedom of expression, religion, and mobility. The speaker connects the Charter to present-day issues, including debates around government power during crises like the coronavirus pandemic.

💡Repatriation

Repatriation refers to the process of bringing something back to its homeland. In the video, it refers to the process of Canada gaining full control over its constitution from Britain in 1982, when the Constitution Act was passed. The speaker discusses how prior to this, Canada's legal system was tied to British governance and courts.

💡British North America Act (BNA Act)

The British North America Act of 1867, later renamed the Constitution Act of 1867, was Canada's original constitutional document, which established the country as a confederation. The speaker mentions it as the founding legal framework for Canada before full constitutional independence was achieved in 1982.

💡Statute of Westminster

The Statute of Westminster of 1931 was an important law passed by the British Parliament granting self-governance to certain Commonwealth countries, including Canada. The video explains how this statute was a step towards Canadian autonomy before the Constitution Act of 1982 finalized this process.

💡Supreme Court of Canada

The Supreme Court of Canada is the highest judicial body in the country, responsible for interpreting constitutional law. However, before 1982, the speaker explains that decisions could still be appealed to the Judicial Committee of the Privy Council in the UK, reflecting Canada’s legal dependence on Britain.

💡Notwithstanding Clause

The notwithstanding clause, or Section 33 of the Canadian Charter, allows federal or provincial governments to pass laws that override certain rights guaranteed by the Charter, such as freedom of religion or expression. The speaker highlights its controversial nature and mentions Quebec’s use of it in language laws.

💡Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) was the highest court of appeal for Canada before the repatriation of the constitution. The speaker mentions that even after decisions by the Supreme Court of Canada, cases could still be appealed to the JCPC in the UK until Canada fully gained constitutional independence.

💡Democratic Rights

Democratic rights, as outlined in the Charter, include the right to vote and the requirement for governments to hold regular elections. In the video, the speaker discusses how these rights were tested during the coronavirus pandemic, when the traditional functioning of Parliament was disrupted.

💡Common Law

Common law refers to law developed by courts through precedents rather than written statutes. The speaker contrasts Canada's mix of written and unwritten constitutional elements with the UK’s common law system, where centuries of legal precedents guide the governance of rights and freedoms without a single written constitution.

Highlights

The video addresses the concept of rights in Canada, moving from a theoretical discussion to a more practical one, focusing on the Canadian Constitution.

A constitution is defined as a set of fundamental principles or laws that govern a nation, including how the state operates and individual rights.

Canada’s constitution evolved from a series of documents rather than a single one, starting with the British North America Act of 1867, which established Canada as a confederation.

The Constitution of Canada differs from the United States in that Canada followed British common law traditions, making its legal framework more complex.

The Statute of Westminster in 1931 granted Canada more autonomy from the UK, but the country’s highest court was still the Judicial Committee of the Privy Council in the UK until later reforms.

Canada repatriated its Constitution in 1982 under Prime Minister Pierre Elliott Trudeau, leading to the creation of the Constitution Act of 1982, which included the Canadian Charter of Rights and Freedoms.

The Charter is now the highest law of Canada, codifying individual rights and freedoms while balancing them with the role of the state.

The speaker emphasizes the Charter’s relevance during crises like the coronavirus pandemic, where government actions and individual rights are often in tension.

The Canadian Charter of Rights and Freedoms guarantees fundamental rights like freedom of conscience, religion, thought, belief, and expression, subject to reasonable limits in a free and democratic society.

The speaker introduces the 'notwithstanding clause' (Section 33), which allows Parliament or provincial legislatures to override certain Charter rights in specific cases, a unique aspect of Canadian law.

Section 33 has never been used at the federal level but has been invoked in provincial laws, such as Quebec’s language laws, highlighting the complexities of balancing rights.

The speaker explains the importance of understanding rights in the same way within society, using the Charter as a guide to how rights are applied and respected in Canada.

The video touches on the evolving nature of constitutional interpretation, with the Charter being described as a 'living, breathing document' that can adapt to modern circumstances.

A comparison is made to other countries, especially the United States, where constitutional interpretation is a significant point of debate.

The video concludes by inviting viewers to explore more topics related to Canadian rights, including gun rights, and encourages active engagement with the ongoing legal discussions in Canada.

Transcripts

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so in my last video I spoke about the

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concept of rights I wanted to keep it

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more theoretical and have that

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discussion really be about the idea of

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what is right where do these ideas come

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from now in the feedback some of you

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asked me to talk about the actual

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constitution of Canada and where our

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rights here come from as opposed to more

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of the philosophical or theoretical idea

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which I still want to explore a bit more

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but in this video I think will tackle

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some of the more practical things so

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let's start right at the beginning we're

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going to jump right in so first of all

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we have to address what is a

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constitution where our rights come from

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you guys have heard words of like the

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Charter I spoke last time about the

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Charter being repatriated so what does

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that kind of thing mean and we'll

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explore all these ideas but first the

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definitions so the definition of a

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constitution a lot of people tend to

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think I think about the American

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Constitution they might understand the

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Charter or know what the Charter is but

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not necessarily understand it as sort of

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a constitution it's really a part of the

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canvass constitutional laws but the

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Constitution itself is an important idea

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that we need to understand and so a

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constitution in its most basic sense is

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a set of principles or laws these are

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sort of the underlying foundational laws

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that a nation or state would have and

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this basically talks about how the state

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is going to be governed it can have

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about the rights or the requirements it

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can talk about when the government has

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to meet so for example how often the

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Parliament or the legislature or the

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Congress what needs to sit so these are

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the basic laws that a country would have

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now interestingly enough you would say

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okay well you know I guess every country

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has a constitution if you look at for

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example the United Kingdom so you can

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see right here the United Kingdom

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because of its age and historical

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precedence does not actually have a

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single document like the Americans so

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the Americans in 77 1776 declare

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independence there's the Declaration of

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Independence and the later on there's

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the Constitution of the United States

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and all the amendments and you guys I'm

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sure familiar with the 1st and 2nd

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amendment at the very least if not maybe

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some of the other ones but the

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Constitution can

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a single written document or it could be

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a group of documents and this is

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actually what Canada had so if we go to

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these guys these are the founding

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fathers of the country at the time when

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Canada was created as an a singular

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entity made up of the original four

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provinces there was an act in the

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British Parliament known as the British

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North American North America act the BNA

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act this was in 1867 and this is

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commonly referred to today as the

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Constitution Act 1867 but this is really

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the founding document that says okay you

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guys are gonna be a confederation this

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is gonna be a new New Commonwealth

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country that is gonna be called Canada

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it's made up of these four provinces the

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four original provinces and so this is

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sort of the first attempt at a

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constitution so at this point in 1867

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we're still not like the Americans with

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a singular document Constitution because

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we have what's called British common law

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and that's again similar to what's going

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on actually in the UK where sets of laws

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sets of a legal precedent all combine to

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sort of make up our Constitution now

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this continues all the way until 1931

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which in which the statute of

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Westminster which is another law that

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was passed in in the UK that basically

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said that certain parts of the

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Commonwealth would be given self-rule

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they would be given the ability to to

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self govern and so this this act sort of

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made up an additional part of Canada's

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rights now interestingly enough because

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we did not have our own constitution and

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because we were so tied into Britain as

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we still are in many ways today the

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Queen is the official head of state the

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governor-general as her representative

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is the official head of state on paper

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as much as the Prime Minister might

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actually be the de facto head of state

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which is the in reality head of state

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but the the way that our Constitution

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was set up and the way that our laws

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were set up the Supreme Court of Canada

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actually was not even the highest court

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in the in the country the highest court

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in the country was actually something

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called the Judicial Committee of the

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Privy Council

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and that's in the UK so you could appeal

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your you could appeal everything all the

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way to the Supreme Court but then you

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didn't like the Supreme Court decision

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so you could appeal to what's called the

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J CPC the Judicial Committee of the

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Privy Council and so that's where the

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final final decisions would be made now

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why is this relevant to the Constitution

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or why is this relevant to everything

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before we even get into the Charter so

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first of all again the Constitution sets

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up basic laws it sets out your rights

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and freedoms so prior to 1982 you have

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your rights contained in a number of

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different places you would have the

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Canadian Bill of Rights 1960 and the

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Canadian Human Rights Act 1977 but

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because of the fact that none of these

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is actually in a constitutional document

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it creates a bit of difficulty for the

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judiciary so for the courts to try and

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figure out which one of the Rights how

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how the government is going to apply or

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what happens if your rights are violated

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because some of the governance documents

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and some of the rights documents are all

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different places and so the court really

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has to sort of figure it out and again

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in the UK to use the UK example because

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they don't have a written constitution

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that on one hand might be difficult but

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they have centuries of British common

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law and precedent where court cases have

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been decided and how government is going

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to respect or uphold human rights so

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they have a lot of that history and

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that's why for them it's a bit easier to

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to to figure things out so back to

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Confederation and back to the founding

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fathers so again we have a number of

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different documents then comes Pierre

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Elliot Trudeau so in the elder Trudeau

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and he decides that Canada is going to

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have to have its own constitution so

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we're gonna have to what's called

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repatriate our constitution again unlike

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the Americans who started off as British

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colony in much as we did they decided to

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break away declare independence so they

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have a declaration of independence and

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then they have the Constitution with us

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because we stayed part of the

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Commonwealth we stayed part of the

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British Empire we never had that so we

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had to repatriate so pay Trading

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repatriating bring our Constitution back

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home as

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commonly referred to so we had to bring

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that back home and that was done in 82

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so that is what is called the

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Constitution Act 80

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that's where the Charter was adopted so

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here you can see this is the

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Constitution Act 1982 and this is also

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the Charter but it's got many many

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sections and there's a lot of things

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about how you apply it and where the the

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rights and responsibilities come from

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what is the role you can see I was

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looking up some principles here so this

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is the big Constitution Act 1982 and

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again this is when Canada officially

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gets its own constitution so this is now

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the highest document the highest legal

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document in the country and so we can

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use this to understand how we're going

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to apply all the rights how we're going

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to understand different rights and how

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we're going to balance rights between

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individuals and operations of the state

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so this is all the document and I do

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want to go through some of the Charter

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just to talk about some of the issues

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because again because of the coronavirus

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crisis many people have questions what

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right does the government have to make

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these decisions these sometimes

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arbitrary seeming decisions what right

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does the government have and what are my

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rights and how are these two things

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balanced but just before there you can

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see here here's a nice video of this is

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1982 when the Queen came to actually

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sign the Charter so she signed it

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which again begs all kinds of

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interesting questions about the sort of

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Independence of Canada again we're still

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very tied to the British monarchy and I

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think you know there's some people who

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have some issues with that some people

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who have don't something do not have

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issues with that for me it really all

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depends on I guess the the de facto

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state of affairs which means the in

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reality state of affairs there's a lot

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to be said for tradition and there's a

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lot to be said for institutions

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especially very old institutions so

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shouldn't necessarily throw them out

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immediately and really you know it all

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depends on the how things are in

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practice right in in Canada we have a

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lot of ties to the British monarchy but

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we're not necessarily on an everyday

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day-to-day basis we're not really run by

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the British monarchy or by the British

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Parliament so you know again there's a

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lot to parse out there I think maybe

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that's the topic for another video

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regardless I just wanted to pull up this

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this cool video

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show you a bit of that history in the

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Canadian history so here back to the

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Constitution Act 1982 so this is the

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Charter and this part of the video if

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you've been watching until now this part

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of the video were actually gonna go

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through some of the Charter and try and

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talk about what that means so again here

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is the Constitution Act 1982 this is now

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the highest law of the land so right off

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the bat whereas Canada is founded upon

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principles that recognized the supremacy

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of God and the rule of law in my last

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video I spoke about sort of the natural

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rights the god-given rights the

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inalienable rights the fact the rights

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that you have or that is believe you

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have simply because you are a person and

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then the rights that government has to

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give to you these are the positive again

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and negative rights the negative rights

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leave me alone you don't need to do

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anything so freedom speech just let me

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say what I want positive rights you have

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to give me something I have a right to

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education and right to health or to

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housing all these types of things so

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again it's important I think that the

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supremacy of God is in there because it

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speaks to I guess the available and

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natural rights of the person so we have

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here that the Canadian Charter of Rights

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guarantees rights of freedom said on a

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subject only to reasonable limits

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prescribed by law as and be demonstrably

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justified in a free and democratic

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society so here we go this is sort of

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right off the bat I guess an interesting

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one and this talks about the limits now

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obviously you can think there might be

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limits or when there would be a limit on

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somebody's rights that's if they break a

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law or if they're doing something

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they're not supposed to be doing then

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obviously their rights would have to be

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violated because that prevents them from

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fighting violating other people's rights

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so again you commit a crime you're

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arrested something you don't have the

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right to go anywhere you don't have the

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right to do a number of the things you

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used to do you lost your free speech you

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know you probably should still have the

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right to remain free of unlawful search

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and seizure which is in here but you

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know you've lost a number of rights and

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that is a justifiable that is very

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justifiable because that's what it takes

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to to keep a an orderly and lawful

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society so right off the bat here is

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sort of one of the founding principles

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then we get to the actual freedoms so

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this is a freedom of conscience and

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religion freedom of thought belief

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opinion expression freedom to press on

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over there media and communication in a

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peaceful assembly freedom of association

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implied in this one interesting enough

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is freedom to not associate so I can

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choose to associate but I can also

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choose not to associate some very

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interesting legal cases there that

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you'll talk about in another video so

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these are the sort of the fundamental

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freedoms then here's the democratic

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rights talking about the right to vote

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talking about in time of war you know

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what must be done in the House of

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Commons this one is especially

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interesting interesting because the

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coronavirus crisis is put to put to the

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test some of these sort of democratic

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principles there was quite an issue with

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the house meeting or not meeting rather

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and early on until we got some virtual

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virtual parliamentary sittings able to

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be done and so that again is very

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interesting since it specifically

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outlined what happens to do in what

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should we do in a wartime where's this

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one again there's a crisis of pandemic

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you know probably not thought of when

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the authors wrote this but again some

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some parallels their mobility rights

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talking about moving and in remaining

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Canada moving to different provinces

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these are the legal rights you have the

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right to life liberty security the

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person the right to be secure against

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unreasonable search and seizure so I

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spoke about that before the right to not

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be arbitrarily detained or imprisoned

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again some very important very

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fundamental rights and in the legal

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rights as opposed to sort of the

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fundamental freedoms so right now the

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government is not I don't think anyone

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is arguing the government is violating

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your freedom of conscience freedom of

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religion I don't think they're talking

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about some of these other rights you

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know thought belief opinion peaceful

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assembly maybe because you can't really

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go anywhere freedom of association again

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you can't really go anywhere so that

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somewhat connected but the real one is

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the legal rights the right to not be

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arbitrarily detained the right to not be

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in prison that's again you know

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purporting with the with the stay home

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orders with the property rights you can

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go to your cottage you cannot go to your

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cottage you know these these separate

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rights and I think this is where people

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are finding that question where have our

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rights gone

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what are happening to our rights and how

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do we sort of make sense of all these

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things because rights are I guess the

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most basic fundamental block of building

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a society the fact that everyone is

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equal and has rights is something that's

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not common throughout history because

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throughout history you would have had

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baby rulers

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aristocrats the wealthy landowners you

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know different categories of people

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maybe different races different

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categories of people they had different

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rights than perhaps others you know so

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you could have a slave or a indentured

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servant or a bondsman we would have less

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rights maybe no rights then you know

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then different categories of people so

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you know me everyone here everyone

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everyone everyone that's really critical

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and again that's part of the discussion

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right now if well if everyone then how

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are you how are you telling me this how

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are you telling me to stay home how are

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you telling me all these things because

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everyone it's not just you know some

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people so this is all part of that

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discussion ongoing right now that I

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think is important for us to look at the

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most important part though that I think

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most people do not know or understand

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and I'm gonna have to control F to find

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is the right here so this is the sorry

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this is male and female that's them I'm

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not the correct notwithstanding this is

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a section 33 okay

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section 33 now this is the I think most

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misunderstood part of the charter of the

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Canadian Constitution and I want to talk

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about it because it doesn't really exist

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in the same way in a lot of other

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countries and this is what is called the

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notwithstanding Clause so

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notwithstanding Clause here I'll read it

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up first let me talk about it Parliament

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or legislature of a province may

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expressly declare an act of Parliament

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or of the legislature as the case may be

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that any act or provision thereof shall

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operate notwithstanding a provision so

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you're not including a provision

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including in section 2 or sections 7 to

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15 so in section 2 this is up here this

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is your fundamental freedoms or 7 to 15

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the legal rights all the way down here

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to 15 in quality rights okay so what

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does that mean back to section 33 back

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to the notwithstanding Clause so ok that

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means that Parliament to the federal

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parliament or a provincial legislature

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can say can especially declare that an

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act of Parliament or the legislature is

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going to be in effect regardless of what

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it says in section 2 or sections 7

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through 15 so again so theoretically a

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provincial government could pass a law

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saying that you know you do not have

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freedom of religion right there's only

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going to be one

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official religion or you do not have

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freedom of association you do not have

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the right going forward to be safe from

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unlawful search and seizure so

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theoretically a province could pass that

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and therefore your rights as guaranteed

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by the Charter are now not guaranteed

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because section 33 the notwithstanding

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Clause notwithstanding Clause has sort

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of unguaranteed them in a particular

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sense again this brings up a lot of

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discussion of when is it valid when is

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it a right that is permanent that it can

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never be violated are there times when

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it is appropriate to be violated this

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section it is important to note has

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never been used on the federal level so

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the House of Commons has never actually

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had to use the notwithstanding Clause

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but provinces have used the

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notwithstanding Clause and the most

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famous example is Quebec with some of

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the language laws to pull up a link here

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I'll try and pull it up in a second but

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some of the language laws in Quebec then

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those ones you get around the the

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Charter because there's a

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notwithstanding notwithstanding Clause

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that's being invoked and therefore they

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can just get away and say okay well you

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know we understand that we understand

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that you know it says these rights here

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and you know we believe in these lights

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however the you know notwithstanding

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because of special issues in Quebec

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special dynamics in Quebec so therefore

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we believe that this particular right is

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it's more important to enforce another

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right which is language rights and

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French language rights as opposed to

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this right of people so it's important

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to look at these rights and the

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notwithstanding Clause in one context

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that it can be used to differentiate

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between rights or perhaps reorder the

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rights in different tiers so you might

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say okay well you have two competing

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rights but we are gonna now reorder them

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so it doesn't necessarily have to be we

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don't think you have freedom of religion

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we don't think you have freedom of

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conscience doesn't necessarily have to

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be that it could be simply a reordering

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a reordering of all different rights

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different i'ts that are competing and so

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that is something that I think is

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something we need to keep in mind but

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regardless the fact that there is a

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section 33 that is

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is different than I think a lot of other

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countries where they have a straight

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section that talks about how we're going

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to deal with this is very important on

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one hand but again this all ties into

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the fact that you have to have and I

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mentioned in previous video you have to

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have a society who's willing to uphold

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your rights and in our society in our

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you know in the times of we're living

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and it's the government that is

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upholding your right so in a certain

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sense the government is giving your

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rights and I'm gonna you know you what

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marks the government is giving you your

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rights because ultimately it doesn't

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matter if the rights are inalienable and

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their god-given because the government

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society at large is upholding those

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rights for you

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but then again here we're talking about

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the way how to deal with those rights

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and so the Charter as a document again

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is super important because not only did

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it finally bring together as in 1982 did

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it finally bring together the laws of

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the land in Canada under one document

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which makes it much easier and sort of

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more important it codifies them as the

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basic law of this country but it's

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important because right now a lot of the

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discussion should revolve around the

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Constitution around the Charter and

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around our right because we can't talk

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about rights unless we all understand

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rights in the same way and that's what

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this document is trying to do now I do

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want to set up for the next for the next

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video and I want to talk about you may

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have heard this concept of the

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Constitution or the Charter is a living

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breathing document you may have heared

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from her from the US people talking

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about the Constitution literally or are

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reading into it different things so I

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want to talk about that and that's a bit

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of a complex issue and that's how we

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understand the Charter going forward how

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do you read this document I mean this

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was written in 1982 so much more recent

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but if you're talking about other

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documents how do you read them if

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they're two three four hundred years old

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or in the case of British krama how do

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you read that if this is like eight

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hundred years old right so something

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about to talk about for another video

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but other than that I really hope that

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everyone found this video somewhat

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useful and if you have any questions

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about the Constitution I'd love to be

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able to try and explore that to get

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with you and you know keep posted

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subscribe to our YouTube channel here at

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true north I know a lot of the tune of

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contributors my colleagues are talking

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about a lot of very very important

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things there's a lot of discussions

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going on right now some of them many of

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them have especially been speaking about

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gun rights which is super super

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important and I might even talk about

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that depending on where we are sort of

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in a week or so but so definitely

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subscribe stay tuned like our social

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media pages and follow us so you can

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stay up to date on the latest

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information other than that have a great

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day wash your hands stay safe and I'm

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Sam Ashkenazi for TrueNorth

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thanks so much and hope you enjoyed

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الوسوم ذات الصلة
Canadian ConstitutionCharter of RightsLegal HistoryCanada GovernanceRights and FreedomsPierre TrudeauBritish Common LawLegal PrecedentConstitution ActCivil Liberties
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