Course Profile   Understanding Canadian Law, Grade 11, Workplace Preparation, Catholic and Public

 

Unit 2:  Rights and Freedoms

Time:  20 hours

 

Activity 2.1 | Activity 2.2 | Activity 2.3 | Activity 2.4 | Activity 2.5

Unit Description

In this unit, students investigate the development of rights and freedoms in Canada. An appreciation of the contributions of individuals and groups to Canadian rights legislation is developed. Students also examine both the legal rights and fundamental freedoms outlined in the Charter of Rights and Freedoms and how they may be limited under the Charter. From a practical standpoint, students learn what remedies are available when rights have been violated under the Charter. Catholic students have the opportunity to examine the Church’s views on the role of government in rights enforcement. They also compare Catholic rights and freedoms with those found in the Charter.

Unit Synopsis Chart

Activity

Time

Expectations

Assessment

Tasks

2.1: The Evolution of Canadian Rights and Freedoms

2.5 hours

RFV.01, LIV.01, RF1.01, LI1.01, LI1.02

CGE2b, 2d, 7g

Knowledge/
Understanding

Thinking/Inquiry

Communication

Application

Develop an historical timeline depicting the evolution of Canadian rights and freedoms.

2.2: People and Our Rights

5 hours

RFV.01, LIV.01, RF1.02, LI1.01, LI1.02

CGE2b, 7g

Knowledge/
Understanding

Communication

Create a profile of individuals or groups who have contributed to the development of rights and freedoms in Canada.

2.3: The Charter of Rights and Freedoms

3.75 hours

RFV.02, LIV.01, RF2.01, LI1.01, LI1.02

CGE2b, 2d, 7h

Knowledge/
Understanding

Communication

Apply scenarios to the Charter.

Compare rights and freedoms from the Charter to those under the Catholic Church.

2.4: Limitations on Our Rights and Freedoms

3.75 hours

RFV.02, LIV.01, LIV.03, RF2.02, RF2.03 LI1.01, LI1.02, LI3.01

CGE2d, 3f, 7e

Thinking/Inquiry

Communication

Application

Create dramatic scenarios demonstrating situations where rights are limited.

Write a diary entry of a person, belonging to a minority group, whose rights and freedoms have been limited.

2.5: Dealing with Violations of Our Rights and Freedoms

5 hours

RFV.02, LIV.01, RF2.04, RF2.05, LI1.01LI1.02, LI1.04, LI3.01

CGE2b, 2d, 4a, 5c, 5e, 5f

Thinking/Inquiry

Communication

Application

Examine the process for making submission to the Canadian Human Rights Tribunal.

Create a submission for a complaint concerning a violation of Charter rights.

Note: The assessment and evaluation tools which have been provided with this profile are very generic in nature and are provided as samples only of how the teacher may wish to assess/evaluate students’ work. The best assessment/evaluation tools are those created by the teacher and students collaboratively.

Activity 2.1:  The Evolution of Canadian Rights and Freedoms

Time:  150 minutes

Description

In this opening activity, students begin to develop their understanding of rights and freedoms they have under Canadian law. They begin by becoming familiar with historical events from the Bill of Rights to the Charter of Rights and Freedoms, which have been important in the evolution of Canadian rights and freedoms. Students also examine the Catholic Church’s view on the role of government in the area of rights and freedoms.

Strand(s) & Learning Expectations

Strand(s):  Rights and Freedoms, Methods of Legal Inquiry

Overall Expectations

RFV.01 - explain how rights and freedoms developed in Canada;

LIV.01 - communicate legal knowledge effectively.

Specific Expectations

RF1.01 - describe the development of rights legislation from the Canadian Bill of Rights to the Charter of Rights and Freedoms;

LI1.01 - present information on legal issues, using a variety of traditional and electronic formats;

LI1.02 - demonstrate an ability to listen and read critically, find relevant information, and express and support opinions, using proper legal terminology.

Ontario Catholic School Graduate Expectations

CGE2b - reads, understands, and uses written materials effectively;

CGE2d - writes and speaks fluently one or both of Canada’s official languages;

CGE7g - respects and understands the history, cultural heritage, and pluralism of contemporary society.

Prior Knowledge & Skills

·         In the Grade 5 program - Aspects of Government in Canada, students studied the rights of Canadians, including those specified in the Charter of Rights.

·         In the Grade 10 Civics course, students described the changing nature of Canadian citizenship rights and responsibilities based on an examination of provincial legislation, The Bill of Rights (1960), and the Canadian Charter of Rights and Freedoms (1982).

·         In both the Grade 10 History and Civics courses, students recorded and organized information using a variety of methods.

Planning Notes

·         Prepare overheads of the passage from the Catechism of the Catholic Church (see Strategy 3) and the timeline.

·         Check students’ Internet knowledge and review school/board Internet policy on ethical and safe usage.

Teaching/Learning Strategies

1.   To begin to develop students’ understanding of rights and freedoms, the teacher presents the following scenario: You are driving your car, obeying all of the rules of the road and you are suddenly pulled over by the police. In a case of mistaken identity, you are arrested. What rights do you have? Put student responses on the board. (Possible responses - to be told of reason for your arrest, to have your rights read, to speak to a lawyer, etc.).

2.   Students write down five rights and freedoms they believe they should have and the reasons why these rights and freedoms should exist. Teachers should encourage students to list a variety of rights, not just those having to do with the legal justice system.

3.   The teacher asks students, “Where did you get these rights and freedoms.” Possible student responses may include the courts, the government, a religious group. The teacher places the following passage, from the Catechism of the Catholic Church, on an overhead.

...Every human person, created in the image of God, has the natural right to be recognized as a free and responsible being. All owe to each other this duty of respect. The right to the exercise of freedom, especially in moral and religious matters, is an inalienable requirement of the dignity of the human person. This right must be recognized and protected by civil authorities within the limits of the common good and public order. (p. 482)

Students examine the passage and determine the rights that the Catholic Church considers important. (List them on the board.) Who does the Church believe is responsible for ensuring that these rights are recognized and protected? Students should determine that the government has an important role in the protection of human rights. The teacher introduces the Canadian Bill of Rights and the Charter of Rights and Freedoms.

4.   Students use their texts to create a timeline showing the stages of development of rights legislation from the Canadian Bill of Rights to the Charter of Rights and Freedoms. The teacher may facilitate this work by having a timeline with important dates already prepared or jumble the information and have students place it in the correct order. See Appendix 2.1.1 for a sample of possible information.

5.   To ensure that students have the correct information, the teacher uses an overhead to record the correct responses.

Assessment & Evaluation of Student Learning

(Note: numbers refer to the corresponding Teaching/Learning Strategy above.)

2.   Roving conference by the teacher to ensure that students understand the assignment and stay on task

2.   Formative assessment by the teacher of students’ responses for completeness and accuracy

4.   Roving conference by the teacher to ensure that students are able to locate the necessary information

5.   Formative assessment by the teacher of students’ responses for completeness and accuracy. Teachers may wish to use a Learning Skills Checklist to assess Work Habits (See Appendix 2.1.2.)

Accommodations

·         Ensure that copies of the IEPs of identified students are available so that noted accommodations are being addressed (e.g., use of computers, extra time for assignments, assistance with scribing, etc.).

·         ESL students may wish to do a contrast/comparison of five rights in Canada to their native country. They could first do the assignment in their own language to be later translated.

·         Students with developmental disabilities may create a personal timeline in order to reinforce this concept. This may reflect personal rights achieved within their own family structure (e.g., responsibility of a house key, telephone privileges, using appliances independently, etc.). Provide prior assistance with the concept of a timeline using the textbook for information.

Resources

Print

Student text

Catechism of the Catholic Church. New York: Doubleday, 1995.

Appendices

Appendix 2.1.1 – Timeline of the Evolution of Rights and Freedoms in Canada

Appendix 2.1.2 – Learning Skills Checklist

Activity 2.2:  People and Our Rights

Time:  300 minutes

Description

In this activity, students are introduced to people and groups who were important in the gradual acceptance of the concept of human rights and subsequent legislation in Canadian history. They learn that some of our most cherished values came about as a result of political and legal struggles. By helping students understand the personal aspect of this process, they become better citizens and better advocates for their own rights, the rights of their community, and the rights of others.

Strand(s) & Learning Expectations

Strand(s):  Rights and Freedoms, Methods of Legal Inquiry

Overall Expectations

RFV.01 - explain how rights and freedoms developed in Canada;

LIV.01 - communicate legal knowledge effectively.

Specific Expectations

RF1.02 - identify groups and individuals who have contributed to the development of rights legislation in Canada;

LI1.01 - present information on legal issues, using a variety of traditional and electronic formats;

LI1.02 - demonstrate an ability to listen and read critically, find relevant information, and express and support opinions, using proper legal terminology.

Ontario Catholic School Graduate Expectations

CGE2b - reads, understands, and uses written materials effectively;

CGE7g - respects and understands the history, cultural heritage, and pluralism of today’s contemporary society.

Prior Knowledge & Skills

In the Grade 10 Civics course, students researched and wrote about individuals and groups who made a difference in public life. They also briefly studied Canada’s legal and political history and were introduced to several famous personalities who had direct influences on the development of human rights in Canada and the rest of the world.

Planning Notes

Teachers should familiarize themselves with the history of human rights in Canada. There are several historical examples of people’s rights, as understood today, being infringed upon. Examples, such as the treatment of Aboriginal peoples, the Chinese immigrant head tax, the lack of voting or personal rights for women, and the internment of the coastal Japanese during World War II, may be pointed out. The enactment of the War Measures Act during the October Crisis in 1970 and the long struggle for the recognition of the rights of the French-speaking community in Quebec and in the rest of Canada should be familiar to students as well.

Teaching/Learning Strategies

1.   The teacher reviews with students the fact that laws change as society changes. In the previous unit, students were introduced to their legal heritage. It has obviously developed over the years. Through large-group discussion, students develop an understanding that change like this is not inevitable. It takes the realization of the need and the dedication of groups and individuals to make changes come about.

2.   Using the Socratic method, the teacher reviews, from Activity 1, a list of rights that Canadian citizens possess. Usually, the rights students are sure of include their legal and personal rights. The teacher could list these rights and others on the board or on a large poster. The list could include those above and political freedom (vote freely and privately with real choice, guaranteed regular elections); freedom of statement, thought, and conscience; freedom of religion; freedom of movement; and freedom of association.

3.   Students are then introduced to the individuals chosen by the teacher to represent those responsible for these rights being enshrined in the law by being dedicated to changing Canadian human rights laws for the better. This list could include John Diefenbaker, Emily Murphy, Nellie McClung and the Famous Five, Pierre Elliott Trudeau, Elijah Harper, Dr. Rev. Moses Coady, Tony Clarke (Vice Chair of Council of Canadians) among others. The length of the list depends on the student text, Library/Resource Centre, and the extent of available resources.

4.   Students choose a particular individual or group, write a profile of them, and present it to the class. The profile should include a short personal history, a summary of the problems faced by the person or groups being studied, and a more detailed explanation of the outcome of the struggle and its importance in the development of modern Canada. This assignment is completed on an individual basis. For visual or tactile learners, the profile could be presented in a poster format.

Assessment & Evaluation of Student Learning

(Note: numbers refer to the corresponding Teaching/Learning Strategy above.)

4.   Roving conferences by the teacher to ensure that students are on task

4.   Formative Assessment of Learning Skills through a checklist (Appendix 2.1.2) (Teachers have an opportunity to observe students’ learning skills while they are working on their profile, in particular: Works Independently, Organization, and Initiative)

4.   Summative evaluation of students’ profile presentations through a checklist (Appendix 2.2.1)

Accommodations

·         Provide a visual key to help explain the Socratic method for students who need this kind of reinforcement.

·         Arrange for an Educational Assistant/peer helper to help with comprehension of the evolution of the law. This may involve scribing of notes, helping compose the lists of rights, etc.

·         Confer with the Special Education Department to assist with choice of profile topic and research.

·         Length or format of profile may be altered to reflect the IEP.

·         Special Education Department may provide support to check for completeness and comprehension of materials.

·         Students with a developmental disability may be paired with a partner and assume one aspect of researching and presenting their profile.

Resources

Print

Student text

Teacher resources

Grade 10 History text and/or Grade 10 Civics text

Newspapers (e.g., Toronto Star, Globe and Mail)

Magazines (e.g., MacLean’s, Saturday Night)

James Marsh, ed. The 2000 Canadian Encyclopaedia. Toronto: McClelland and Stewart, 2000.

Websites

The Canadian Encyclopaedia on-line – www.thecanadianencyclopedia.com/

Canadian Human Rights Tribunal – www.chrt-tcdp.gc.ca

Canadian Social Research Net – www.canadiansocialresearch.net

Human Rights and the Global Connection – citd.scar.utoronto.ca/ggp/home.htm

www.elibrary.ca (with any of the individuals listed as the search string)

World Wide Legal Association – Canadian Law: History – www.wwlia.org/cahist.htm

Appendices

Appendix 2.2.1 – Checklist for Assessment of Oral Presentation

 

Activity 2.3:  The Charter of Rights and Freedoms

Time:  225 minutes

Description

In this activity, students become familiar with the Charter of Rights and Freedoms through scenarios. Students find the section of the Charter that applies to each scenario and discover the violation that has occurred. Catholic students are asked to compare rights and freedoms from the Church with those granted under the Charter.

Strand(s) & Learning Expectations

Strand(s):  Rights and Freedoms, Methods of Legal Inquiry

Overall Expectations

RFV.02 - identify the rights and freedoms outlined in the Canadian Charter of Rights and Freedoms and explain how to exercise them;

LIV.01 - communicate legal knowledge effectively.

Specific Expectations

RF2.01 - identify the legal rights and fundamental freedoms outlined in the Charter of Rights and Freedoms;

LI1.01 - present information on legal issues, using a variety of traditional and electronic formats;

LI1.02 - demonstrate an ability to listen and read critically, find relevant information, and express and support opinions, using proper legal terminology.

Ontario Catholic School Graduate Expectations

CGE2b - reads, understands, and uses written materials effectively;

CGE2d - writes and speaks fluently one or both of Canada’s official languages;

CGE7h - exercises the rights and responsibilities of Canadian citizenship.

Prior Knowledge & Skills

·         In the Grade 5 program - Canada and World Connections, students studied the rights of Canadians including those specified in the Canadian Charter of Rights and Freedoms.

·         In the Grade 10 Civics course, students examined the changing nature of Canadian citizenship rights in their study of the Ontario Bill of Rights and the Canadian Charter of Rights and Freedoms.

Planning Notes

·         The teacher obtains copies of the Charter of Rights and Freedoms.

·         The teacher prepares copies of Appendices 2.3.1, 2.3.2, 2.3.3, and 2.3.4.

Teaching/Learning Strategies

1.   The teacher reviews with students how Canada came to have a Charter of Rights and Freedoms (Activity 2.1).

2.   The class is divided into groups of two or three students. Using Appendix 2.3.1, students read the different scenarios and decide on the relevant section of the Charter and the Charter violation. Each member of the group is responsible for completing his/her own scenario sheet. Each student should have his/her own copy of the Charter. Many law texts have the Charter as an appendix or the teacher could download a copy. (See Resources for suggested sites.) Because some students may have difficulty with some of the phrasing of the Charter, the teacher may wish to ensure that there is a peer helper available to help explain terms.

3.   Once the groups have completed their examination of the Charter, the class discusses the correct responses for each scenario.

4.   It is important that students recognize the fact that the Catholic Church also has a number of rights and freedoms to which, it believes, each person is entitled. Using the Charter and Appendices 2.3.2 and 2.3.3, students compare Church and Charter Rights and Freedoms.

5.   The class discusses the similarities and differences between Church and Charter Rights and Freedoms.

Assessment & Evaluation of Student Learning

(Note: numbers refer to the corresponding Teaching/Learning Strategy above.)

2.   Roving conferences by the teacher and the peer helper to ensure that students are on task

2.   Formative assessment of students’ work in their groups by the teacher using a checklist
(Appendix 2.3.4) (The teacher should select two or three items from the checklist to assess, as it would be difficult to assess to all of the suggested items. There are several opportunities for the teacher to use this checklist throughout the unit.)

3.   Formative assessment of students’ work for completeness and accuracy (The teacher may wish to assess the work using Appendix 2.1.2 – Learning Skills Checklist.)

4.   Formative assessment of students’ charts for completeness and accuracy

Accommodations

·         Staff in the Special Education department are provided with prior access to the Charter of Rights and Freedoms in order to ensure all students can participate in the review discussion.

·         The teacher may review cooperative group skills and dynamics, as well as individual responsibilities, and ensure that a balance within group structures reflects varied strengths, abilities, and needs.

·         Ensure that a peer tutor/Educational Assistant is available to help with terminology and note-taking, if necessary.

·         Allow for an alternate presentation format, such as audio taping.

Resources

Print

Student text

The Charter of Rights and Freedoms

Websites

Canadian Constitutional Documents – http://www.solon.org/constitutions/Canada/English/
http://www.ccu-cuc.ca/en/library/constitution.html
http://www.sfu.ca/~aheard/c_constitution.html

Catholic Church Documents – Pacem in Terris (Peace on Earth); Populorum Progressio (On the Development of Peoples); Solicitudo Rei Socialis (On Social Concerns), Octogesima Adveniens (A Call to Action); Justica in Mundo (Justice in the World). All of these documents may be found at http://www.osjspm.org/cst/doculist.htm

Video Sources

“What About My Rights?” A Question of Justice Series. TV Ontario, 1994.

Appendices

Appendix 2.3.1 – Charter Scenarios

Appendix 2.3.2 – Rights from the Catechism of the Catholic Church

Appendix 2.3.3 – Comparing Rights and Freedoms Under the Charter and the Catholic Church

Appendix 2.3.4 – Observational Checklist for Assessing Group Discussions

 

Activity 2.4:  Limitations on Our Rights and Freedoms

Time:  225 minutes

Description

Through the presentation of dramatic scenarios, students become aware that rights and freedoms may have to be limited under the Charter. Students also develop an appreciation of how important it is to acknowledge and respect the rights of minority groups in a democratic society.

Strand(s) & Learning Expectations

Strand(s):  Rights and Freedoms, Methods of Legal Inquiry

Overall Expectations

RFV.02 - identify the rights and freedoms outlined in the Canadian Charter of Rights and Freedoms and explain how to exercise them;

LIV.01 - communicate legal knowledge effectively;

LIV.03 - evaluate the role of law in current controversies.

Specific Expectations

RF2.02 - explain how rights and freedoms may be limited under the Charter;

RF2.03 - explain the importance of acknowledging and respecting minority rights in a democratic society;

LI1.01 - present information on legal issues, using a variety of traditional and electronic formats;

LI1.02 - demonstrate an ability to listen and read critically, find relevant information, and express and support opinions, using proper legal terminology;

LI3.01 - evaluate the role of law in protecting the rights of groups or individuals.

Ontario Catholic School Graduate Expectations

CGE2d - writes and speaks fluently one or both of Canada’s official languages;

CGE3f - examines, evaluates, and applies knowledge of interdependent systems (physical, ethical, socio-economic, and ecological) for the development of a just and compassionate society;

CGE7e - witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful, and compassionate society.

Prior Knowledge & Skills

·         In the Grade 10 Civics course, students studied the elements of democratic decision making; legal cases wherein rights and responsibilities were upheld or restricted; the differences between democratic and authoritarian forms of decision making; and the similarities and differences in the way power is distributed in groups, societies, and cultures.

·         In the Grade 10 History and Civics courses, students examined the rights of minority groups during World War II in both Canada (Japanese internment) and Germany (the Holocaust).

Planning Notes

·         To assist students who may have difficulty creating a dramatic scenario, the teacher may prepare a list of suggestions for topics.

·         If the teacher decides to substitute the diary activity with a collage or poster, the necessary materials, such as poster paper, magazines, etc., must be collected.

Teaching/Learning Strategies

1.   Students are presented with the following scenario: A student stands up in a crowded cafeteria and yells, “Fire!” when there really is no fire. This student is expressing his right to freedom of expression. Should he/she be allowed to do this? Why or why not?

2.   Through a class discussion of the scenario, students determine that, in many situations, there must be limits on our rights and freedoms.

3.   In groups, students create their own dramatic scenario in which a person’s rights or freedoms have to be limited. Student should refer to their copies of the Charter. Dramatic scenarios are presented to the class. The class is asked to identify the behaviour that needs to be limited and why. Responses should be recorded both on the board and in student notes.

4.   Once students have a good understanding of the need to place limits on our rights and freedoms, the teacher asks students for examples of when it would be wrong to place limits on people’s rights and freedoms. The teacher leads the discussion to examining what is wrong when a person’s rights and freedoms are limited because of membership in a minority group. What could happen to these people? List student responses.

5.   Students are asked to write a diary entry from the standpoint of a person who belongs to a minority group who has had his/her rights and freedoms limited. For visual or tactile learners, the teacher may have students create a poster or collage showing scenes in which a person’s rights have been limited.

Assessment & Evaluation of Student Learning

(Note: numbers refer to the corresponding Teaching/Learning Strategy above.)

3.   Formative assessment of group work by self- and peer assessment using a checklist (Appendix 2.4.1)

3.   Summative evaluation of dramatic presentations by the teacher using a checklist (Appendix 2.4.2)

5.   Formative assessment of students’ diary entries by the teacher for understanding of the problems experienced by minority groups when their rights and freedoms are wrongly limited

Accommodations

·         Review notes shared with Special Education department prior to activity so they may assist students in preparing for group participation.

·         Provide peer tutor/Educational Assistant for explanation of phrasing and terminology in the Charter.

·         The teacher assessment checklist may be adjusted with input of Special Education department to more accurately reflect identified student participation and effort.

·         Extension activities may include students procuring a guest speaker (e.g., a member of the religious community with some expertise) to address the Church’s position on rights and freedoms and the conflicts it encounters.

Resources

Print

A Case for Canada, Vol. I, Rights and Freedoms (ISBN 0-7730-5008-6); Vol. II, Minority Rights
(ISBN 0-7730-5010-8). Toronto: Copp, Clark, Pitman, 1991. An excellent resource for teachers which gives examples of Charter Cases.

Marcotte, Carolyn and Christin. A Question of Justice – What About My Rights? Teacher Resource. Toronto: McGraw-Hill Ryerson Ltd., 1994. Excellent resource for teachers.

Appendices

Appendix 2.4.1 – Peer/Self-Evaluation Observation Checklist

Appendix 2.4.2 – Dramatic Scenario Checklist

 

Activity 2.5:  Dealing with Violations of Our Rights and Freedoms

Time:  300 minutes

Description

Students learn to understand and initiate the process by which possible human rights violations are dealt with. They demonstrate this understanding by exploring, step by step, the process of officially dealing with a possible human rights violation. They show knowledge of the concept of human rights and the structures put in place to help our society manage change and maintain our rights and freedoms.

Strand(s) & Learning Expectations

Strand(s):  Rights and Freedoms, Methods of Legal Inquiry

Overall Expectations

RFV.02 - identify the rights and freedoms outlined in the Canadian Charter of Rights and Freedoms and explain how to exercise them;

LIV.01 - communicate legal knowledge effectively.

Specific Expectations

RF2.04 - describe how a citizen makes a complaint concerning a violation of Charter rights;

RF2.05 - describe the remedies available to citizens whose rights have been violated under the Charter;

LI1.01 - present information on legal issues, using a variety of traditional and electronic formats;

LI1.02 - demonstrate an ability to listen and read critically, find relevant information, and express and support opinions, using proper legal terminology;

LI1.04 - compile summary notes in a variety of forms and for a variety of purposes, including research and preparation for oral presentations, tests, and examinations;

LI3.01 - evaluate the role of law in protecting the rights of groups or individuals.

Ontario Catholic School Graduate Expectations

CGE2b - reads, understands, and uses written materials effectively;

CGE2d - writes and speaks fluently one or both of Canada’s official languages;

CGE4a - demonstrates a confident and positive sense of self and respect for the dignity and welfare of others;

CGE5c - develops one’s God-given potential and makes a meaningful contribution to society;

CGE5e - respects the rights, responsibilities, and contributions of self and others;

CGE5f - exercises Christian leadership in the achievement of individual and group goals.

Prior Knowledge & Skills

·         In the Grade 10 Civics course, the legal process, the Canadian governmental system, and the Canadian Charter of Rights and Freedoms were introduced and students were given an understanding of how the political and judicial systems protect the rights and uphold the responsibilities of citizens.

·         Students are also familiar with the Canadian Charter of Rights and Freedoms from previous activities.

Planning Notes

·         Teachers should become familiar with the Canadian Human Rights Tribunal and its role in settling human rights disputes. The websites help in this task. The teacher should decide if they will give students a scenario or an actual case to present to the Commission. Cases have to be researched. Knowledge of the relevant sections of the Charter is also necessary.

Teaching/Learning Strategies

1.   In this activity, the teacher gives students several scenarios. They can be handed out, put on an overhead, or put on the board. Scenarios could consist of the following:

a)   A student wishes to wear a yarmulke in a school with a no-hat policy.

b)   A student refuses to let a principal open her locker.

c)   Students are prevented from forming a student union to negotiate school hours with the board.

d)   During a weapons search, a Sikh student is arrested for wearing a kirpan (a ceremonial dagger).

2.   Students form teams of up to three people. Their task is to represent, as lawyers, one of the students in a particular scenario. In their teams, students research the Charter to find the rights that are in question. The teams record their findings; then brainstorm to summarize the arguments they will present. Arguments must be recorded.

3.   The teacher introduces the Canadian Human Rights Tribunal. A short summary of what the Tribunal does and how they do it can be found on the websites and in documents available from this organization. In their teams, students read about and develop an understanding of the role of this group. Once this task is completed, students begin the process of making a human rights complaint.

4.   Students research the complaint system in the Library/Resource Centre or computer lab. If they are not available, the Commission should be contacted directly. Websites and phone numbers are in Resources.

5.   Once students understand the requirements of the process, they write a submission to be handed in to the teacher. This submission should include reference to the relevant Charter rights, the legal arguments, and the “official document”. Each student is also responsible for submitting a one-page assessment of the process of filing a complaint. Questions could include: Why do you believe that this complaint should be acted upon by the Commission? What was easy about this process? What was difficult about it? Do you feel the process is one that encourages public participation? Why or why not?

Assessment & Evaluation of Student Learning

(Note: numbers refer to the corresponding Teaching/Learning Strategy above.)

2.   Roving conference by the teacher to ensure that students are on task

3.   Formative assessment of students’ work in their groups by the teacher using a checklist
(Appendix 2.3.4 – Observational Checklist for Assessing Group Discussions) or self-/peer assessment using a checklist (Appendix 2.4.1 – Peer/Self-Evaluation Observation Checklist)

5.   Formative assessment of the groups’ submissions by the teacher for completeness and accuracy.

6.   Summative evaluation of the individual assessments of the complaint process by the teacher using a rubric (Appendix 2.5.1 – Written Report Rubric)

Accommodations

·         Provide peer tutor/Educational Assistant for assistance with research, brainstorming, and assessment of the process. If handouts are not available, they may also assist with note recording.

·         Allow the use of computer technology.

Resources

Print

Student text

Newspapers

Documents from the Canadian Human Rights Tribunal

Internet Sources

Human Rights and the Global Connection – citd.scar.utoronto.ca/ggp/home.htm

Canadian Human Rights Tribunal – www.chrt-tcdp.gc.ca (Tel: (416) 973-5527, 1-800-999-6899)


Appendix 2.1.1

Timeline of the Evolution of Rights and Freedoms in Canada

 

1928

Persons Case: Supreme Court decides that the word ‘person’ does not apply to women.

1929

British Privy Council ruled that women were persons and qualified to run for the Senate.

1942

Beginning of internment of Japanese Canadians: all their rights were taken away.

1945

John Diefenbaker introduces the idea of legislation guaranteeing the rights of Canadians to Parliament.

1945-1955

Great discussion and controversy. Some preferred the tradition of depending on common law and the courts to protect citizen’s rights. Others thought that written legislation would be more effective.

1957 and 1958

During election campaigns, John Diefenbaker, as leader of the Progressive Conservative party, promised a federal Bill of Rights if he was elected.

1960

On August 10th, 1960, the Canadian Bill of Rights became law.

1980

Quebec holds referendum on separation. Prime Minister Trudeau promises to change the Constitution.

1981

At a conference, Trudeau and nine of the provincial premiers agree upon an amending formula for the constitution and a Charter of Rights and Freedoms. Quebec does not sign.

1982

The Constitution Act, 1982, with the Charter of Rights and Freedoms, becomes law.

 

Appendix 2.1.2

Learning Skills Checklist

 

Activity:

Date:

Key:                 E - Excellent          G - Good          S - Satisfactory          NI - Needs Improvement

Student

Works Independently (regularly completes assignments on time with care)

Teamwork (works willingly and cooperatively with others)

Organization (ability to organize and manage time and information)

Work Habits/
Homework (puts forth a consistent effort and completes assignments on time)

Initiative (seeks out new opportunities for learning)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Appendix 2.2.1

Checklist for Assessment of Oral Presentation

 

Names of Group Members

Preparation

Presentation

Application

Speech

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following are possible suggestions of what the teacher may assess.

Preparation – research, organization

Presentation – vocal quality, confidence, gestures, effectiveness

Application of Knowledge – points made, fielding of questions, justification of arguments

Speech – organization, logical sequence, understandable, main issues addressed

CODE:  4 – Always, 3 - Most times, 2 – Sometimes, 1 - Rarely

Appendix 2.3.1

Charter Scenarios

For each of the following scenarios, indicate the section of the Charter being dealt with and the violation.

1.   John Smith, a law abiding Canadian citizen, decides to go on a trip to Europe. When he arrives at the airport, he is told that he is not allowed to leave Canada. No reason is given by the authorities.

2.   Jean Chretien decides that he wants to be Prime Minister for life and refuses to call an election.

3.   The police walk into your home and start searching for drugs.

4.   The province of Ontario decides that it will no longer allow Canadians from other provinces to work and live in Ontario.

5.   The government decides that all churches are to be closed down permanently.

6.   Recent immigrants, who speak little English, are very confused at their criminal trial because they do not understand what is being said.

7.   The police do not have to treat all groups of Canadians the same. They are allowed to discriminate against teenagers, Clergy, and certain ethnic groups.

8.   A judge orders that a person receive 25 lashes for a punishment.

9.   You are arrested and thrown in jail. You are not told the charges for two weeks. With no reason given, you are denied bail for a minor shoplifting offence. Finally, after one year in prison, you get your day in court. Unfortunately, you are defending yourself because you are unable to pay for a lawyer.

10.  You are not allowed by the government to join an environmental group that protests cutting down trees.

11.  You testify at a trial about a break and enter. Later, the police arrest you because of your testimony.

12.  Canada has one official language - French. If you speak English and need help from the government, you are out of luck.

13.  In Canada, men have more rights than women.

14.  The government does not like comments written in a major newspaper because they are critical of the government’s actions. As a result, the newspaper is not allowed to publish any more.

15.  You have been fired from your job because of the colour of your hair. You try to get help but no court is willing to hear your case.


Appendix 2.3.2

Rights from the Catechism of the Catholic Church

Every form of social or cultural discrimination in fundamental personal rights on the grounds of sex, race, colour, social conditions, language, or religion must be curbed and eradicated as incompatible with God’s design. (p. 523)

The political community has a duty to honour the family, to assist it, and to ensure especially:

·         the freedom to establish a family, have children and bring them up in keeping with the family’s own moral and religious convictions;

·         the protection of the stability of the marriage banns and the institution of the family;

·         the freedom to profess one’s faith, to hand it on, and raise one’s children in it, with the necessary means and institutions;

·         the right to private property, to free enterprise, to obtain work and housing, and to emigrate;

·         the right to medical care, assistance for the aged and family benefits;

·         the protection of security and health, especially with respect to dangers like drugs, pornography, alcoholism, etc.;

·         the freedom to form associations with other families and so to have representation before civil authority. (p. 591)

Appendix 2.3.3

Comparing Rights and Freedoms Under the Charter and the Catholic Church

Right/Freedom

The Charter of Rights and Freedoms

The Catholic Church

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix 2.3.4

Observational Checklist for Assessing Group Discussions

Date:                                                               Time:

Student Names:

Listens to others’ views without interrupting.

Contributes information or ideas when called upon.

Modifies views when faced with new or conflicting evidence.

Shows respect for ideas of others.

Stays focused on the task at hand.

Accepts an equal share of the workload.

Completes the work assigned by the group.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adapted from Making The Grade, OSSTF, 1987

Appendix 2.4.1

Peer/Self-Evaluation Observation Checklist

Group Work    Student Name:                                     Group Name:                            Date:

 

Always

4

Most Times

3

Sometimes

2

Rarely

1

was willing to have ideas questioned

 

 

 

 

showed respect for the ideas of others

 

 

 

 

stayed focused on the task at hand

 

 

 

 

participated in planning by volunteering information or ideas

 

 

 

 

accepted an equal share of the workload

 

 

 

 

could be counted upon to complete the task assigned by the group

 

 

 

 

modified views when faced with new ideas, information, or evidence

 

 

 

 

Appendix 2.4.2

Dramatic Scenario Checklist

 

Level 1

Ineffectively

Level 2

Adequately

Level 3

Successfully

Level 4

Masterfully

Presentation Style

 

 

 

 

1. Voice is projected and pitch is varied. (C)

 

 

 

 

2. Maintains eye contact with audience. (C)

 

 

 

 

3. Tone is appropriate to purpose and audience. (C)

 

 

 

 

Content

 

 

 

 

1. Dramatic scenario clearly identifies a right or freedom from the Charter. (K/U, T/I)

 

 

 

 

2. Dramatic scenario represents the students’ understanding of the need to sometimes limit rights and freedoms. (K/U, T/I)

 

 

 

 

3. Dramatic scenario synthesizes/applies student knowledge of the limitation of a right or freedom as a teaching tool for peer understanding (A)

 

 

 

 

Note: A student whose achievement is below level 1 (50%) has not met the expectations for this assignment or activity.


Appendix 2.5.1

Written Report Rubric

 

Criteria

Level 1
(50-59%)

Level 2
(60-69%)

Level 3
(70-79%)

Level 4
(80-100%)

Knowledge/
 Understanding

Understanding of the process for filing a complaint with the Human Rights Commission

- limited understanding of the process for filing a complaint

- some understanding of the process for filing a complaint

- considerable understanding of the process for filing a complaint

- thorough understanding of the process for filing a complaint

Thinking/Inquiry

Use of inquiry skills (interpreting and evaluating information; drawing conclusions)

- applies few of the skills involved in an inquiry process

- applies some of the skills involved in an inquiry process

- applies most of the skills involved in an inquiry process

- applies all of the skills involved in an inquiry process

Communication

The degree to which the writer’s response:

a) demonstrates an awareness of audience and task

b) communicates information and ideas

- demonstrates a limited awareness of audience and task

- demonstrates limited clarity of information and ideas

- demonstrates some awareness of audience and task

 

- demonstrates some clarity of ideas and information

- demonstrates a clear understanding of audience and task

- demonstrates considerable clarity of ideas and information

- demonstrates a clear understanding of audience and task

- demonstrates a high degree of clarity of ideas and information

Communication

Structure and grammar:

the degree to which the writer’s response exhibits correct usage, structure, and grammar

- limited usage, structure, and grammar

- moderate usage, structure, and grammar

- considerable usage, structure, and grammar

- thorough usage, structure, and grammar

Application

Making logical conclusions about the process for filing a complaint to the Human Rights Tribunal

- infrequently makes logical conclusions about the process for filing a complaint

- sometimes makes logical conclusions about the process for filing a complaint

- usually makes logical conclusions about the process for filing a complaint

- always or almost always makes logical conclusions about the process for filing a complaint

Student Name: _____________________                                           Overall Level:

Comments:

Strengths:

Next Steps:

 

Note: A student whose achievement is below level 1 (50%) has not met the expectations for this assignment or activity.

 

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