Human Rights Facilitation Manual

INTRODUCTION
INTRODUCTION
The John Humphrey Centre for Peace and Human Rights began offering the Human Rights Facilitator Training Program as part of the Human Rights City Edmonton Project in 2007. This 30 hour program offers participants facilitation training as well as an introduction to a variety of human rights issues and international human rights instruments. Over the course of the program, participants have the opportunity to lead their peers through one of the ten activities ensuring that everyone wears the hat of participant and facilitator. Throughout the program, participants are introduced to many human rights activists, educators and legal representatives who share the history and present reality of human rights in the community and country. Upon completion of the program, participants are encouraged to facilitate human rights dialogues, based on the activities in this book, to groups in their community. These dialogues may take place more formally as workplace or school workshops or may simply take place at a caf or around the dinner table with friends or family. The point is that participants share what they have learned and encourage those around them to enter into a discussion about the important human rights issues that are taking place all around us.
HOW TO USE T HIS RESOURCE The Human Rights Facilitator Training Manual is made up of ten activities, each accompanied by a case study that may be needed as part of the activity or may simply be offered as background information for the facilitator. Activities are set up very similar to teacher lesson plans, with objectives, materials and procedures clearly listed. Though each activity can easily stand alone, if there is time, doing the first activity, Needs, Rights and Human Dignity, before selecting another activity, would ensure that participants have a basic understanding of how the simple act of being born connects us to the Universal Declaration of Human Rights. In the Human Rights Facilitator Training Program, participants are often given less than an hour to facilitate each activity; however, it is highly recommended that you have at least 90 minutes allotted for each activity in order to avoid cutting a dialogue short. This 90 minutes should allow for a short icebreaker at the beginning of the session. The John Humphrey Centres Rights in the Sun Curriculum offers many human rights focused icebreakers and activities and can be purchased by contacting the John Humphrey Centre. While planning your session, please go to the John Humphrey Centre website at www.jhcentre.org to take a look at the posted videos many of which have dialogue plans to see if any of the videos will complement your session. We hope you find many opportunities to use this resource! John Humphrey Centre Staff
Some of the activities in this resource have been adapted from the Human Rights Education Associates Popular Education for Human Rights: 24 Participatory Exercises for Facilitators and Teachers
John Humphrey Centre Human Rights Facilitator Training Program
TABLE OF CONTENTS
TABLE OF CONTENTS
Needs, Rights and Human Dignity ..............................................................................................4 Activity .....................................................................................................................................4 Universal Declaration of Human Rights - Simplified .................................................................7 Case Study: Canada and Human Rights ...............................................................................12 Rights and Responsibilities in Canada ......................................................................................15 Activity ...................................................................................................................................15 Case Study: Chinese Head Tax.............................................................................................17 Laws and Protection in Canada ................................................................................................19 Activity ...................................................................................................................................19 Case Study: Retail Theft........................................................................................................21 UDHR Article 9: Freedom from Arbitrary Arrest .........................................................................23 Activity ...................................................................................................................................23 Universal Declaration of Human Rights Simplified and Categorized ...................................26 Case Study: Anti-Terrorist Legislation after 9/11/01 ...............................................................28 Cultural Diversity & Multiculturalism in Canada .........................................................................30 Activity ...................................................................................................................................30 Case Study: Pluralism the right to communicate? ...............................................................34 The State of Disability Rights in Canada ...................................................................................36 Activity ...................................................................................................................................36 Convention on the Rights of People with Disabilties - Simplified ............................................38 Case Studies .........................................................................................................................41 Childrens Rights in Canada ......................................................................................................47 Activity ...................................................................................................................................47 Convention on the Rights of the Child - Simplified .................................................................49 Case Study: Child Pornography.............................................................................................53
John Humphrey Centre Human Rights Facilitator Training Manual
TABLE OF CONTENTS
Womens Rights in Canada .......................................................................................................56 Activity ...................................................................................................................................56 Convention on the Elimination of All Forms of Discrimination Against Women - Simplified ....59 Case Study: Domestic Violence.............................................................................................61 Indigenous Peoples Rights in Canada ......................................................................................65 Activity ...................................................................................................................................65 Blanket Activity: APPENDIX .............................................................................................72 Indigenous Peoples in Canada - Statistics.............................................................................86 United Nations Declaration on the Rights of Indigenous Peoples - Simplified ........................87 Case Study: The Nisgaa Landholding Transition Act ............................................................92 Democracy in Canada...............................................................................................................94 Activity ...................................................................................................................................94 Case Study: A Made in Canada Peace Movement...............................................................96 John Humphrey Centre for Peace and Human Rights Organizational Overview ....................98
NEEDS, RIGHTS AND HUMAN DIGNITY
ACTIVITY

ACTIVITY
OBJECTIVE Every person has dignity and value. One of the ways that we recognize this fundamental worth is by acknowledging and respecting a person's human rights. Human rights are concerned with equality and fairness. They recognize our freedom to make choices about our life and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination. Understanding human rights shapes our thinking and our actions because human rights are about real-life issues. They are about: having clean water to drink and food to eat; being able to go to school or have a job; and being treated fairly by others, regardless of your age, race, religion or where you were born.
~ Australian Human Rights Commission ~
In this activity, participants will: Become aware of their humanity and see themselves as related to other people Formulate notions of human dignity Understand that basic human needs are universal Recognize that every identifiable human need is connected to a human right according the Universal Declaration of Human Rights Realize that our society, like others, comes up short by international standards where needs are not met and where human rights are violated.
MATERIALS Flip chart paper (or chalk board) Markers Paper and pens for each group
PROCEDURES 1. Form a "talking circle," explaining that this is a way to have discussions about important things. Go around the circle and have everyone state his or her name loudly and firmly so that the person is introducing herself or himself to the entire group. Speaking strongly and positively in this way is known as affirmation. Usually, shyness will become evident, so make clear that we will go around the circle stating our name loudly and this time with a strong gesture, such as an uplifted hand, a thumping of the fist, and clapping by the group for each such gesture.
ACTIVITY
2. Ask each participant to think quietly for a minute and decide on the one quality about herself/himself they think is their best quality and name it with just one or a very few words: being generous, a loving parent, hardworking, sharing with those who have less, etc. Note that we all have good qualities. Ask the participants if the quality they have identified for themselves is one they respect in others. What does it mean to say you respect yourself and you respect others. If others have different good qualities than yours, do those others still deserve respect? Does every human being deserve respect? Why? 3. Tell the participants that everyone present is a human being, and ask if they can name other living creatures. Ask how human beings differ from other such creatures. In groups with adherents of particular religions or philosophies, the discussion could include the ethical and spiritual considerations about human beings that are integral to their respective beliefs. The facilitator should review the differences noted and should emphasize that human beings communicate to others with words, not just a few sounds, as with various animals. Second, we make choices. We can decide a lot more about our lives than various animals can. What does that mean in our daily lives? Ask if participants agree that this view of human beings means we have to learn how to use words well and how to make good choices. 4. If we use words carefully, and if we say that all human beings deserve respect because they all have human dignity, then what do we mean? Explain that in 1948, after a terrible war --the global suffering in World War II, all the countries in the world agreed on some words that said that it would be a more peaceful world if every human being respected the dignity of every other human being. Explain that today, Canada, like other countries, has agreed to these same words. What do the words [of the Universal Declaration of Human Rights] mean when they say: "...recognition of the inherent dignity ... of all members of the human family is the foundation of freedom, justice and peace in the world." Share the language of the Preamble of the Universal Declaration. 5. Ask if participants can think of one example whereby life in their community would be more peaceful if greater respect were shown among people towards each other? 6. Ask the participants to help you make a list of all the basic needs that are inherent in being a human being. 7. Break up participants into groups, one for each need, reporting back whether they think the one need on which they focused is, in fact, met in our society. Characterize our society as to whether it allows individuals to meet their needs, use their potentialities and helps them develop their qualities as human beings?
ACTIVITY
8. Ask each group to envision and characterize the goals of a society which they think will allow them to use and meet their basic needs and to develop their potentialities as human beings. 9. Ask each group to report back its discussion through a few words. Listening to these presentations, the facilitator should construct a chart divided into three columns: (1) characteristic basic needs of a human being; (2) characteristics of the present society and whether the identified needs are met for most people; and, (3) characteristics of the desired goals for society. 10. Constructing a new column (4), the facilitator asks groups to search the Universal Declaration to find the different human rights needed to enjoy, to protect and to enhance one's dignity. Explain that for every basic need there is a corresponding human right. Draw upon the relevant human right by using the Article number and simplified version of the Universal Declaration of Human Rights identified at the end of this exercise.
Needs
Facts
Goals
Rights
11. Ask participants what could be done in our society to meet basic human needs such as food, health and housing, and to protect related human rights?
ACTIVITY
UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential to promote the development of friendly relations between nations, fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now therefore, THE GENERAL ASSEMBLY Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
ACTIVITY
A SIMPLIFIED VERSION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

1 When children are born, they are free and each should be treated in the same way. They have reason and conscience and should act towards one another in a friendly manner. 2 Everyone can claim the following rights, despite -a different sex - a different skin colour - speaking a different language - thinking different things - believing in another religion - owning more or less - being born in another social group - coming from another country It also makes no difference whether the country you live in is independent or not. 3 4 You have the right to live, and to live in freedom and safety. Nobody has the right to treat you as his or her slave and you should not make anyone your slave. Nobody has the right to torture you. You should be legally protected in the same way everywhere, and like everyone else. The law is the same for everyone; it should be applied in the same way to all. You should be able to ask for legal help when the rights your country grants you are not respected. Nobody has the right to put you in prison, to keep you there, or to send you away from your country unjustly, or without good reason. If you go on trial this should be done in public. The people who try you should not let themselves be influenced by others.
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ACTIVITY
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You should be considered innocent until it can be proved that you are guilty. If you are accused of a crime, you should always have the right to defend yourself. Nobody has the right to condemn you and punish you for something you have not done. You have the right to ask to be protected if someone tries to harm your good name, enter your house, open your letters, or bother you or your family without a good reason. You have the right to come and go as you wish within your country. You have the right to leave your country to go to another one; and you should be able to return to your country if you want. If someone hurts you, you have the right to go to another country and ask it to protect you. You lose this right if you have killed someone and if you, yourself, do not respect what is written here. You have the right to belong to a country and nobody can prevent you, without a good reason, from belonging to a country if you wish. As soon as a person is legally entitled, he or she has the right to marry and have a family. In doing this, neither the colour of your skin, the country you come from nor your religion should be impediments. Men and women have the same rights when they are married and also when they are separated. Nobody should force a person to marry. The government of your country should protect you and the members of your family.
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You have the right to own things and nobody has the right to take these from you without a good reason. You have the right to profess your religion freely, to change it, and to practise it either on your own or with other people. You have the right to think what you want, to say what you like, and nobody should forbid you from doing so. You should be able to share your ideas alsowith people from any other country.
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ACTIVITY
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You have the right to organize peaceful meetings or to take part in meetings in a peaceful way. It is wrong to force someone to belong to a group. You have the right to take part in your country's political affairs either by belonging to the government yourself or by choosing politicians who have the same ideas as you. Governments should be voted for regularly and voting should be secret. You should get a vote and all votes should be equal. You also have the same right to join the public service as anyone else. The society in which you live should help you to develop and to make the most of all the advantages (culture, work, social welfare) which are offered to you and to all the men and women in your country. You have the right to work, to be free to choose your work, to get a salary which allows you to support your family. If a man and a woman do the same work, they should get the same pay. All people who work have the right to join together to defend their interests. Each work day should not be too long, since everyone has the right to rest and should be able to take regular paid holidays. You have the right to have whatever you need so that you and your family: do not fall ill or go hungry; have clothes and a house; and are helped if you are out of work, if you are ill, if you are old, if your wife or husband is dead, or if you do not earn a living for any other reason you cannot help. Mothers and their children are entitled to special care. All children have the same rights to be protected, whether or not their mother was married when they were born. You have the right to go to school and everyone should go to school. Primary schooling should be free. You should be able to learn a profession or continue your studies as far as wish. At school, you should be able to develop all your talents and you should be taught to get on with others, whatever their race, religion or the country they come from. Your parents have the right to choose how and what you will be taught at school. You have the right to share in your community's arts and sciences, and any good they do. Your works as an artist, writer, or a scientist should be protected, and you should be able to benefit from them.
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ACTIVITY
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So that your rights will be respected, there must be an 'order' which can protect them. This order should be local and worldwide. You have duties towards the community within which your personality can only fully develop. The law should guarantee human rights. It should allow everyone to respect others and to be respected. In all parts of the world, no society, no human being, should take it upon her or himself to act in such a way as to destroy the rights which you have just been reading about.
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~ United Nations Cyber School Bus ~
REFERENCES
Australian Human Rights Commission: http://www.hreoc.gov.au/info_for_students/docs/Info_for_students.pdf United Nations Cyber School Bus: http://www.un.org/cyberschoolbus/humanrights/resources/plain.asp
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CASE STUDY

CASE STUDY: CANADA AND HUMAN RIGHTS
"[W]E WHO LIVE IN FORTUNATE LANDS WHERE WE HAVE INHERITED GOOD THINGS, ARE PRONE TO ACCEPT GOOD THINGS, ARE PRONE TO ACCEPT FREEDOM, THE MOST IMPORTANT OF THESE GOOD THINGS, WITH AN INDIFFERENCE WHICH IS THE GREATEST THREAT TO ITS CONTINUANCE"
~Lester B. Pearson~
The Universal Declaration of Human Rights is extremely important for Canadians because it has provided us with a framework of human rights goals and standards to which Canadian legislation, institutions, and society can aspire. Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has been very successful in making universal human rights a part of Canadian law. There are currently four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, Human Rights Commissions, and provincial human rights laws and legislation.
THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

In 1982, the Federal Government modified Canadas Constitution in order to better reflect the human rights goals and standards set by the Universal Declaration of Human Rights. The Government enacted a statute known as the Canadian Charter of Rights and Freedoms.
WHAT IS THE PURPOSE OF THE CHARTER ?

The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians. It provides a list of the rights to which all Canadians are entitled and describes the Governments responsibility in upholding those rights. The Charter is often cited in legal cases pertaining to human rights issues, and guarantees that our laws and the justice system operate in accordance with fundamental rights and freedoms.
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CASE STUDY
WHAT DOES THE CHARTER GUARANTEE ?

The Canadian Charter of Rights and Freedoms guarantees our fundamental freedoms (such as freedom of thought, speech, and association), democratic rights (such as the right to vote), mobility rights (the right to enter, remain in, and leave Canada), legal rights, equality rights (equality before the law and protection against discrimination), language rights, as well as the rights of Canadas aboriginal peoples.
H OW DOES THE CHARTER PROTECT ME AGAINST DISCRIMINATION?

The Canadian Charter of Rights and Freedoms prohibits discrimination on the grounds of race; national or ethnic origin; colour; religion; gender; age; and mental or physical disability. Sexual orientation has recently been recognized as a prohibited ground for discrimination under the Charter. The Charter protects you from discrimination in actions taken by the Government of Canada, the government of any province or territory, and actions taken by government agencies, such as hospitals, schools, or Human Resource Centres. The Canadian Charter is a vital part of our law. It provides a legal mechanism in our Constitution that protects us from the violation of our basic human rights, thereby ensuring a free and democratic society. Nowhere are the principles of the Universal Declaration of Human Rights more clearly represented than in the Canadian Charter of Rights and Freedoms. It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada.
THE CANADIAN H UMAN RIGHTS ACT AND PROVINCIAL HUMAN RIGHTS LEGISLATION
The Federal Government and every Canadian province have legislation dealing with human rights, as well as human rights commissions to administer that legislation. They work together to ensure that the rights of every Canadian are protected and that all people are treated with equality and respect. The most important human rights legislation at the federal level is the Canadian Human Rights Act, which came into force in 1978. It outlaws discrimination in employment and in the delivery of goods and services on eleven grounds: race, national or ethnic origin, colour, religion, age, sex, marital status, family status, pardoned conviction, disability, and sexual orientation. The Canadian Human Rights Act applies to people working for either the Federal Government or a private company regulated by the Federal Government. It also applies to anyone who receives goods and services from any of those sectors. All of the Federal Government departments and Crown corporations (such as the CBC or Canada Post) are required to adhere to the Canadian Human Rights Act. Private companies such as railroads, airlines, banks, telephone companies, and radio or TV stations must also adhere to the Canadian Human Rights Act.
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CASE STUDY
Each province has its own human rights law, usually called a Code or an Act (or in Quebec, a Charter), that covers other types of organizations not included under federal legislation. Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, as are provincial governments themselves. Provincial human rights laws also prohibit discrimination in housing: you cannot, for example, refuse to rent an apartment to someone because of that persons race or religion. Every Canadian is legally protected from discrimination by the various levels of human rights legislation. In order to ensure that this legislation is effective, human rights commissions oversee the application of human rights law.
H UMAN RIGHTS COMMISSIONS

The Universal Declaration of Human Rights does not include a description of practical steps governments can take to ensure that human rights are protected. It provides guiding principles, but lacks instructions on how each country should implement them. Even if human rights are protected in theory by a constitution, they could still be violated in practice. This is a dangerous gap that many countries have not adequately addressed. Canada has attempted to bridge this gap by creating human rights commissions at both the federal and provincial levels. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems. They work to educate us about human rights and promote equality of opportunity for groups in society that are frequently the target of discrimination. If you have experienced sexual harassment or discrimination, for example, you have the right to contact your provincial human rights commission and file a complaint. If you have a disability and a bank or post office is not accessible, you can file a complaint with the federal human rights commission. In many countries people have no way to have their human rights complaints heard or resolved, nor do they have adequate laws to protect their human rights. Human rights commissions are therefore a tremendously valuable resource for Canadians.
~ United Nations Association in Canada ~
REFERENCES
Canadian Charter of Rights and Freedoms: http://laws.justice.gc.ca/eng/charter/ United Nations Association in Canada: Canada and Human Rights: http://www.unac.org/rights/actguide/canada.html
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RIGHTS AND RESPONSIBILITIES
ACTIVITY
RIGHTS AND RESPONSIBILITIES IN CANADA

ACTIVITY
OBJECTIVE People tend to readily grasp and understand the need for social limits set by rules and laws. As attitudes mature and values become more sophisticated, many come to expect not only fair and protective rules, but rules that they have participated in formulating. The standards of human rights are generally found in charters, conventions, and covenants. These are rules that have been developed through participation of people coming to agree on the standards that apply to them; as such, they reflect a social contract. In this activity, participants will: Reflect on the need for a function of rules to guide social behaviour Reflect on situations where the responsibilities of those in power are questioned due to decisions in regards to other peoples rights Be guided through a dialogue that addresses issues relating to the need for rights, and, integral to those rights, responsibilities
MATERIALS Case Study: Rights and Responsibilities
PROCEDURES 1. Ask the group to brainstorm and think about/review the need and purpose for human rights. 2. Explain to the participants that all the things they said relate to two big ideas. These ideas are protection and fairness. We have rules for games so that the games are fair to all the players, and to help prevent people from being hurt in games. Rules at home can help us to keep our places neat, sanitary and in good order, thereby protecting the health of the family. Rules can help us learn in school, keep our neighbourhoods and streets safe, and help protect people from harm. Explain that good rules help us get along with other people and to take responsibilities and duties seriously. Ask for some examples of rules that are supposed to protect people from harm.
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ACTIVITY
Facilitator Backgrounder Review the following points with the large group: a. Human rights are basic entitlements that belong to every one of us, regardless of our background, where we live, what we look like, what we think or what we believe. The Universal Declaration of Human Rights, adopted by the United Nations on December 10th, 1948, sets out the basic rights and freedoms that apply to everyone. It has become the most important document of its kind and is the basis of many legally-binding international human rights laws. Based on the values of freedom, equality, respect and dignity, human rights acknowledge the fundamental worth of each person. The law places responsibilities on government and other public authorities to consider people's rights when developing laws, policies and delivering services. The Canadian Government has agreed to uphold and respect many of these fundamental human rights. These commitments are their responsibility and are reflected in our national laws, as well as the policies and programs developed by government.
b.
c.
3. Divide participants into small groups. In small groups, ask participants to read the case study Chinese Head Tax. 4. In small groups, facilitate discussion on each of the dialogue questions. Let small groups know how much time they have to discuss each question. Present each question only after they have finished discussing the previous one. a. How does the situation with the Chinese community in Canada relate to the Universal Declaration of Human Rights? b. Can you think of additional examples in Canadian history where government denied human rights to Canadian residents? c. If the Universal Declaration of Human Rights is not legally binding, does the Canadian government (or any other government) have a responsibility to ensure the human rights of all citizens? If so, to what extent? d. What responsibility, if any, do Canadian citizens have in ensuring rights for all? Please refer to the Case Study. e. Does an apology and a monetary retribution fix a wrong doing? If not, what would an appropriate response be? 5. Debrief the dialogue as a large group. What question created the most lively discussion in your small group? Were there any disagreements in your group? If so, what were they? What topic did you wish you could discuss more?
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CASE STUDY
RIGHTS AND RESPONSIBILITIES IN CANADA

CASE STUDY: CHINESE HEAD TAX
SUMMARY The Chinese head tax was a fixed fee charged to each Chinese person entering Canada. The head tax was first levied after the Canadian parliament passed the Chinese Immigration Act of 1885 and was meant to discourage Chinese people from entering Canada after the completion of the Canadian Pacific Railway. The tax was abolished by the Chinese Immigration Act of 1923, which stopped Chinese immigration altogether, except for business people, clergy, educators, students, and other categories. In 2006, an official apology was made to the Chinese-Canadian community by the Government of Canada for the discriminatory policy and tax.
CONTEXT The first large influx of Chinese immigrants to stay in Canada came north from San Francisco following the gold rush to the Fraser River Valley in 1858. In the 1860s many moved on to prospect for gold in the Cariboo Mountains of British Columbia. When workers were needed for the Canadian Pacific Railway, many were brought directly from China. From 1880 to 1885 about 17,000 Chinese labourers helped build the difficult and dangerous British Columbia section of the railway. In spite of their contributions, there was a great deal of prejudice against the Chinese, and they were paid only half the wage of white workers.
CHINESE HEAD T AX When the Canadian Pacific Railway was finished and cheap labour in large numbers was no longer needed, there was a backlash from union workers and some politicians against the Chinese. After a Royal Commission on Chinese Immigration, the Canadian federal government passed the Chinese Immigration Act in 1885, putting a head tax of $50 on Chinese immigrants in the hopes of discouraging them from entering Canada. In 1900 the head tax was increased to $100. In 1903 the head tax went up to $500, which was about two years pay. The Canadian federal government collected about $23 million from the Chinese head tax.
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CASE STUDY
In the early 1900s, prejudice against Chinese and Japanese was further exacerbated when they were used as strike breakers at coal mines in British Columbia. An economic slump in Vancouver set the stage for a full-scale riot in 1907. Leaders of the Asiatic Exclusion League stirred a parade into a frenzy of 8000 men looting and burning their way through Chinatown. With the outbreak of World War I, Chinese labour was needed in Canada again. In the last two years of the war, the number of Chinese immigrants increased to 4000 a year. When the war ended and soldiers returned to Canada looking for work, there was another backlash against the Chinese. It wasn't just the increase in numbers that caused alarm, but also the fact that the Chinese had moved into owning land and farms. The economic recession in the early 1920s added to the resentment.
CANADIAN CHINESE EXCLUSION ACT In 1923, Canada passed the Chinese Exclusion Act, which in effect stopped Chinese immigration to Canada for nearly a quarter of a century. July 1, 1923, the day the Canadian Chinese Exclusion Act came into effect, is known as "humiliation day." The Chinese population in Canada went from 46,500 in 1931 to about 32,500 in 1951. The Chinese Exclusion Act was in effect until 1947. In that same year Chinese Canadians regained the right to vote in Canadian federal elections. It wasn't until 1967 that the final elements of the Chinese Exclusion Act were completely eliminated.
CANADIAN GOVERNMENT APOLOGIZES FOR CHINESE HEAD T AX On June 22, 2006, on behalf of the Government of Canada, the Prime Minister apologized in the House of Commons for the Chinese Head Tax, to formally turn the page on an unfortunate period in Canadas past. The Government of Canada recognized the stigma and hardship experienced by the ChineseCanadian community as a result of past legislation related to the imposition of the Chinese Head Tax. Although legally authorized at the time, the Head Tax was inconsistent with the values Canadians hold today. According to the government, the apology was not about liability; it was offered as a foundation for healing in the Chinese-Canadian community, which endured such hardship and yet continues to make an invaluable contribution to our great country. A total of 785 eligible applicants have received symbolic payments of $20,000 each.
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LAWS AND PROTECTION
ACTIVITY
LAWS AND PROTECTION IN CANADA

ACTIVITY
OBJECTIVE There has long been debate over all aspects of our legal system in Canada. Some believe that the arm of the law is much too long interfering in individual choice and freedom. Others believe that the system is too slow and justice is rarely served. While there are always stories of the guilty walking free on a technicality and the innocent serving many years behind bars, most people will agree that some kind of a legal system needs to be in place to protect the rights of our citizens. In this activity, participants will: Have the opportunity to consider the human behind a crime. Discuss ways in which the legal system may be failing a segment of society.
MATERIALS Case Study: Retail Theft A makeshift gavel for the lead judge A police hat/badge
PROCEDURES 1. The facilitator asks the participants to democratically elect and approve three judges. The facilitator also recruits three volunteers to act as a police officer, a suspect and a victim. Finally, all other participants should be seated in front of the judges. Participants should be reminded to act with dignity, discipline, and showing respect for the court. 2. The facts of the hypothetical case are read. The facilitator makes sure that each element of the story is heard and understood by all participants. If possible, copies of the case should be provided to the judges, police, suspect and victim. Sufficient time should be given to the actors to prepare themselves.
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ACTIVITY
Bobbys Case Bobby is a 17 year old person who lost his parents while still a young child. He was brought up with the assistance of his old uncle who lives on a pension. To help out, Bobby dropped out of school and assisted with chores at home and with the other children. Bobby's uncle became ill and unable to maintain his large family with the small amount of money he earns monthly. For this reason, he told Bobby to begin living by himself. Bobby had to leave his uncle's house, and he desperately looked for ways to earn a living. In vain, Bobby sought some kind of regular job to earn his daily bread. With no money and nothing to eat, he was tempted to steal some small change from Naomi, a woman shopkeeper in the center of town. As he was less experienced in the art of theft, he was caught "red handed" by Naomi while in the act of stealing. With the help of her friends who were visiting her at the time, Naomi managed to apprehend Bobby and turn him over to the police.
3. The judges should be reminded to guide and control the trial, including who should speak first, next, etc. The judges should maintain order in the court (no laughing, avoid chaos, etc.) but not use too much formality lest they erode the confidence of the role players. The judges signal the proceedings to begin. 4. Hearing both sides and the witnesses, the judges give a rapid judgment: guilty or not guilty. The judges should not try to base their decision on written laws but on their personal experience, moral judgment, and sense of fairness. The judges decide in secrecy, and if they do not reach consensus, they decide by a vote whereby two out of three votes decides. 5. The court is now dissolved. The facilitator asks each participant if he/she has ever attended a court. Those who have attended court should be asked further to tell at least one strong point and one weak point observed during the mock trial. Ask if each is happy with the judgment rendered and why. 6. The facilitator divides participants into small groups to discuss the following questions: a. Should someones personal situation matter when it comes to the law? b. What would you do if you were desperate? c. What is the responsibility of the system in this case? Remember that the thief was 17 years old. d. Does our system need to change? If so, how?
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LAWS AND PROTECTION
CASE STUDY
LAWS AND PROTECTION IN CANADA

CASE STUDY: RETAIL THEFT
CANADIAN LAWS ON RETAIL T HEFT Retail theft has been a large-scale problem in Canada since at least 2008, when a survey by the Canadian Retail Council revealed that 87 percent of retail stores had sustained losses through theft. Canadian retailers are encouraged to prevent theft through diverse means such as security technology and hiring additional employees. Stores should use caution when hiring employees, however, as employee theft accounts for more than a third of all retail theft in Canada. It is more important than ever that store owners be vigilant and take steps to curb losses. SURVEILLANCE CAMERAS Surveillance cameras are both legal and encouraged in Canada. The Retail Council of Canada recommends that stores use surveillance cameras along with closed circuit televisions to help monitor what customers are doing in stores and to curb theft. Store owners may turn over surveillance tapes to law enforcement if theft occurs. Video from cameras is admissible as evidence in Canadian courts. DEFINITION The Canadian theft code says that retail theft occurs the moment a potential thief moves an item with the intent of stealing it. A person who puts an item in her purse or pants pocket could therefore be arrested for theft even though she has not yet left the store without paying for the item. This law is based on intent; a person who puts an item in his pants pocket with the intention of buying it is not a thief. Thus, it is difficult to prosecute based on this behaviour alone. The person must exhibit other suspicious behaviour such as nervousness, furtive glances or attempting not to be seen by employees in addition to moving an item to a suspicious location to be retained before leaving the store. ALLOWABLE PUNISHMENT The Canadian theft code allows the courts to sentence a person who is convicted of petty theft-theft of items worth less than $5,000--to up to two years in prison. Most retail theft falls into this category. If a thief steals more than $5,000 worth of merchandise, he may be sentenced to up to 10 years in prison.
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CASE STUDY
DETERRENT MEASURES The Canadian Retail Council suggests a number of measures retailers may take to protect themselves against theft. In addition to surveillance cameras, most Canadian stores use signs warning offenders that the store prosecutes shoplifters. This measure is intended to curb both customer and employee theft, as employee theft made up 33 percent of all losses in Canadian retail stores in 2008, according to Canadian Security Magazine. Stores are also legally allowed to use sensors at store exits, which beep if customers attempt to leave with merchandise that has not been paid for. Many stores also employ people at entrances, exits and fitting rooms. These employees greet customers as they enter the store, count items taken in and out of fitting rooms and keep an eye out for suspicious behavior.
~Shula Asher Silberstein, eHow Contributor~
REFERENCE
S.A. Silberstein, Canadian Laws on Retail Theft, ehow money: http://www.ehow.com/list_6460633_canadianretail-theft-laws.html
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THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
ACTIVITY
UDHR ARTICLE 9: FREEDOM FROM ARBITRARY ARREST

ACTIVITY
OBJECTIVE The Universal Declaration of Human Rights (UDHR) is a detailed charter of rights and liberties which captured the idealism of the day (1948) and continues today to serve as an analytical tool for sorting out the claims we need to demand as human beings so as to realize our potential dignity. That early idealism was classically stated by President Franklin Roosevelt in a wartime message in 1941. He tried to look beyond the battlefields of World War II to a more peaceful state of international affairs. He enunciated as a key to peace "four freedoms": freedom of speech and expression, freedom of worship, freedom from want (meaning economic security), and freedom from fear (i.e., international peace.) In this activity, participants will: Receive a more detailed understanding of the UDHR's 30 articles Appreciate the inter-related nature of all human rights Become empowered to apply rights principles in their real life circumstances
MATERIALS Case Study: The UDHR: Article 9 Copy of the Universal Declaration of Human Rights (following)
PROCEDURES Facilitator Backgrounder: Review that the Universal Declaration of Human Rights has 30 articles. One of its drafters, a French scholar and diplomat, Ren Cassin, said its many provisions could be seen altogether as if they are the pillars of a temple holding up a broad roof. Each pillar supports human rights of a different kind. The first pillar involves civil rights to equality, the second, social rights to protect the family, the third, political rights for participation, and fourth, economic rights for livelihood. Draw a picture of a four pillared temple and read Articles 1, 2, 7 and 8. Ask if they belong in pillar 1,2,3, or 4.
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ACTIVITY
1. Ask if someone can name some political rights and then locate their answers for them among those in the UDHR below, for example, the rights noted in Articles 18,19,20, and 21. Ask for similar examples of social rights, e.g., those found in Articles 12, 13, 14, 15, 16, and 17. Follow the same or varied procedure to elicit the economic rights linked to the fourth pillar and found in Articles 22, 23,24,25,26, and 27. Facilitators Backgrounder: Explain that one drafter of the UN Declaration of Human Rights, Charles Malik from Lebanon, felt strongly that all these rights focusing on the individual needed something more to hold them all together: a roof to rest on the four pillars of the temple and to interconnect them all together by saying that these rights must be supported worldwide with all countries cooperating to promote human rights. In other words, the last three articles of the UDHR (28,29 and 30) seem to say this: 'We need a roof to hold it together." Charles Malik explained that the last three articles are very broad to overcome the otherwise biased view that rights are largely negative, that is --rights from state interference and things which governments must not do, such as interfering with freedom of the press. He wanted to include in the UDHR the view that governments, alone and in international combination and cooperation, have duties to implement a favourable national and international social structure within which human rights can take root, and that international duties also call on prosperous states to assist the economic development of poorer states. Articles 28, 29 and 30 try to set out principles to harmonize rights, e.g., that they must not be exercised in ways conflicting with other UN objectives, e.g., free speech should not be misused to disseminate war propaganda, etc. Do you think these articles embrace everybody worldwide in responsibilities to hold things together?
2. Have participants count off: 1,2,3,4. Everyone numbered 1 will meet together in the civil rights group, all 2's in a social rights group, 3's in a political rights group, 4's in the economic rights group. Each group should spend a few minutes discussing their right, and then ask each group to report back to the larger group with a few real life examples of their rights in Canada (or lack thereof). 3. Ask others in groups 2, 3 and 4 what would happen if the rights named from group 1 were abolished. Repeat this for various rights, so as to show, for example, that if the political rights pillar is destroyed, other pillars will fall or that if economic rights are ignored and violated, social and civil rights will suffer. Open a general discussion to see if participants understand that all human rights are inter-connected. Remove one pillar and the temple will fall. Does this show that all rights are important parts of a whole structure, or do people think that some rights are more important and some can be ignored without undermining the others?
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ACTIVITY
4. Ask participants to remain in their small groups to read the case study Article 9: Freedom from Arbitrary Arrest. After they have read the article, ask participants in their small groups to discuss the case study: Canada jumped at addressing an international issue under the guise of protecting its citizens. Did Canada, in doing so, deny rights to others? 5. Ask each group to report back their discussion to the larger group. Debrief.
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ACTIVITY
THE UNIVERSAL D ECLARATION OF HUMAN RIGHTS (1948) SIMPLIFIED AND CATEGORIZED

Civil Rights 1. All human beings are born free and equal. We are all the same in dignity and rights and have the same rights as anyone else. This is because we are all born with the ability to think and to know right from wrong, and so we should act toward others in a spirit of friendliness. 2. Everyone should have the same rights and freedoms, no matter what race, sex, or color he or she may be. It shouldn't matter where we were born, what language we speak or what religion or political opinions we have, or whether we are rich or poor. 3. Everyone has the right to live, to be free and to feel safe. 4. The buying and selling of people is wrong and slavery should be prevented at all times. 5. No one should be put through torture, or any other treatment or punishment that is cruel or makes the person feel less than human. 6. Everyone has the right to be accepted everywhere as a person, according to law. 7. You are entitled to be treated equally by the law, and to have equal protection of the laws. 8. If your rights under the law are violated, you should have the right to have fair judges who will see that justice is done. 9. You should not be arrested, held in jail or thrown out of your own country for no good reason. 10. In case you have to go to court, you have the same rights as anyone else to a fair and public hearing by courts that are open-minded and free to make their own decisions. 11. If you are blamed for a crime, you should be thought of as innocent until you are proven guilty. You shouldn't be punished for something you did which was not illegal when it happened. SOCIAL RIGHTS 12. No one should butt into your privacy, family, home or mail, or attack your honesty and selfrespect for no good reason. 13. Within any country you have the right to go and live where you want. You have the right to leave any country, including your own, and return to when you want. 14. You have the right to seek shelter from harassment in another country. 15. No one should take away your right to the country where you're from. 16. Grown men and women have a right to marry and start a family, without anyone trying to stop them because of their race, country or religion. Both have to agree to marriage and both have equal rights in getting married, during the marriage, and if and when they decide to end it. 17. Everyone has the right to have belongings that they can keep alone or share with other people, and no one should take your things away for no good reason.
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ACTIVITY
POLITICAL RIGHTS 18. You may believe what you want to believe, have ideas about right and wrong, and believe in any religion you want, and you may change your religion if you want without interference. 19. You have the right to tell people how you feel about things without being told to keep quiet. You may read the newspapers or listen to the radio, and you have the right to print your opinions and send them anywhere without having someone try to stop you. 20. You have the right to gather peacefully with people, and to be with anyone you want, but no one can force you to join or belong to any group. 21. You have the right to be one of the people in your government by choosing them in fair elections where each vote counts the same and where your vote is your own business. Because people vote, governments should do what people want them to do. ECONOMIC RIGHTS 22. As a person on this planet, you have the right to have your basic needs met so you can live with pride and become the person you want to be; and other countries and groups of countries should help. 23. You should be able to work, choose your job, join a union, have safe working conditions, and be protected against not having work. You should have the same pay as others who do the same work without anyone playing favourites. You need decent pay so your family can get by with pride, and that means that if you don't get paid enough, you should get other kinds of help. 24. Everyone has a right to rest and relaxation, and that includes limiting the number of hours required to work and allowing for a holiday with pay once in a while. 25. You have a right to have what you need to live a decent life, including food, clothes, a home, and medical care for you and your family. You have the right to get help from society if you're sick or unable to work, or you're older or a widow, or if in any other way you can't work through to fault of your own. 26. You have a right to education. At least in the early years it should be free and required for all. Later education should be there for those who want it and can undertake it. Education should help people become the best they can be and to respect the human rights of others in a peaceful world. 27. You have the right to join in and be part of the world of art, music and books, so you should enjoy the arts and share in the advantages that come from new discoveries in the sciences. If you have written, made or discovered something, you should get credit for it and get earnings from it. COMMUNITY RESPONSIBILITIES 28. Everyone has the right to a world where rights and freedoms are respected and made to happen. 29. We all have a responsibility to the place where we live and the people around us, so we have to watch out for each other. To enjoy freedom, we need laws and limits that respect everyone's rights, meet our sense of right and wrong, keep peace in the world, and support the United Nations. 30. Nothing in this statement means that anyone may weaken or take away our rights.
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CASE STUDY
ARTICLE 9: FREEDOM FROM ARBITRARY ARREST

CASE STUDY: ANTI-TERRORIST LEGISLATION AFTER 9/11/01
SUMMARY The nature of national security has changed in the aftermath of the September 2011 terror attacks in the United States. Canada is one country that has implemented emergency measures to combat terrorism. On December 18, 2001 Canada passed the Anti-terrorism Act (Bills C-36 and C-42), defining what terrorism is and making it a punishable offense within Canadas Criminal Code. CONTEXT In the wake of the terror attacks on New York City; Arlington, Virginia and Shanksville, Pennsylvania on September 11, 2001, governments worldwide have been pressing for broader powers of investigation and detention. In particular, Canada, the United States and the United Kingdom governments have asserted that broad new anti-terrorist legislation is necessary to deal with the changing nature of national security. Human rights groups have argued that civil liberties are now at risk. CANADIAN LEGISLATION In the aftermath of the Sept. 11, 2001 attacks on the U.S., the federal government created Canada's first anti-terrorism legislation defining what terrorism is and making it a punishable offence within Canada's Criminal Code. The Anti-terrorism Act (Bills C-36 and C-42) was the subject of heated debate and controversy as government of the time fast-tracked it through the House of Commons and Senate. The act became part of the Criminal Code on Dec. 18, 2001. The changes to the code are "aimed at disabling and dismantling the activities of terrorists groups and those who support them." As it was being drafted politicians and protesters raised concerns that the legislation as proposed trampled on civil liberties because it gave police sweeping new powers, including the ability to arrest people and hold them without charge for up to 72 hours if they are suspected of planning a terrorist act. The government used their majority to pass a motion to curtail debate, and rejected all of the remaining opposition amendments. The motion passed easily in the House of Commons with a vote of 190 in favour and 47 against. However, in a nod to civil libertarians, the bill contained a five-year sunset clause on some of its more controversial elements.
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CASE STUDY
MOTIVE AND HISTORY When the bills were passed, the Liberal justice minister at the time, Anne McLellan, said the provisions had three main objectives: To suppress existing terrorist groups, provide police with new investigative tools, and toughen prison sentences for terrorists. The bills also contained provisions to comply with new United Nations rules on combating terrorism as well as with similar laws that were being put in place in the U.S. and Britain. "We believe that people everywhere are entitled to live in peace and security," McLellan said. HIGHLIGHTS OF THE ANTI -TERRORISM ACT: It gives the police wide, sweeping powers to act on suspected acts of terrorism. It allows suspected terrorists to be detained without charge for up to three days. It makes it easier for the police to use electronic surveillance, which used to be seen as a last resort. It allows for preventive arrests. It allows judges to compel witnesses to give evidence during an investigation. It allows for the designation of a group as a terrorist organization. T HE LEGISLATION MAKES IT A CRIME TO: Knowingly collect or provide funds, either directly or indirectly, in order to carry out terrorist crimes. Using this definition, the Crown must prove that the accused collected, provided or made available funds that he or she knew would be used to help a terrorist group. Canadian courts would be given the jurisdiction to try this offence even if it were committed outside Canada, when the accused is found in Canada. The maximum sentence for this offence would be 10 years. Knowingly participate in, contribute to or facilitate the activities of a terrorist group. The participation or contribution itself does not have to be a criminal offence and would include knowingly recruiting into the group new individuals for the purpose of enhancing the ability of the terrorist group to aid, abet or commit indictable offences. The maximum sentence for the offence of participating or contributing would be 10 years imprisonment. The maximum sentence for facilitating would be 14 years imprisonment. Instruct anyone to carry out a terrorist act or an activity on behalf of a terrorist group (a "leadership" offence). This offence carries a maximum life sentence. Knowingly harbour or conceal a terrorist. The maximum sentence for this offence would be 10 years.
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CULTURAL DIVERSITY
ACTIVITY
CULTURAL DIVERSITY & MULTICULTURALISM IN CANADA

ACTIVITY
OBJECTIVE As people continue to immigrate to Canada, increasing cultural diversity, it is important for people to become more aware of the contributions these groups provide to Canada. It is becoming increasingly important for people to value the different cultural groups around them. Furthermore, not only is it important for people to gain an appreciation of how the mosaic of people in Canada is changing but it is also important for people to be aware of how cultural diversity encompasses the whole range of human experiences. This includes, but is not limited to, age, gender, racial classification, ethnicity, religion, socioeconomic class, ability, national origin, geographical location, political orientation, physical size, and appearance. These factors influence the cultural experiences and backgrounds of both individuals and groups. In this activity, participants will: Be introduced to the Canadian Multiculturalism Act Understand the controversial nature of the Canadian Multiculturalism Act Become aware of some initiatives that are addressing the need for cultural diversity in Canada Become aware of how our potential to reach full human dignity may be challenged by barriers
MATERIALS Case Study: Cultural Diversity and Multiculturalism The Universal Declaration of Human Rights, Articles 1, 2 and 25 (following)
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CULTURAL DIVERSITY
ACTIVITY
PROCEDURES
Facilitator Backgrounder:
Introduce the Canadian Multiculturalism Act. The following points are for the benefit of the facilitator in regards to the history of Canadian multiculturalism. Your job as facilitator is to brief yourself and synthesize these points to share with the group. This introduction should not take longer than a few minutes.
Canada is a highly diverse nation, in terms of both ethnicity and culture. Explain that the federal government, under Prime Minister Pierre Elliott Trudeau, declared in 1971 that Canada would adopt multicultural policy. Canada would recognize and respect its society including diversity in languages, customs, religions, and so on. In 1982 multiculturalism was recognized by section 27 of the Canadian Charter of Rights and Freedoms. The Canadian Multiculturalism Act was then enacted by Prime Minister Brian Mulroney. The Government of Canada recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society and is committed to a policy of multiculturalism designed to preserve and enhance the multicultural heritage of Canadians while working to achieve the equality of all Canadians in the economic, social, cultural and political life of Canada Preamble to the Canadian Multiculturalism Act. The Act asserts that all Canadians are entitled to preserve, enhance, and share their cultural heritage. Central to this notion is the rejection of other common approaches to ethnic and cultural policies. On the one hand, it rejects earlier Canadian policies of assimilation, where the goal was to encourage minorities to discard their cultural heritage and adopt mainstream Canadian values and practices. Under the official policy of multiculturalism, however, citizens are encouraged to retain their cultural heritage while being recognized as part of Canadian society. Not only does this policy of multiculturalism reject early practices of assimilation, it also distinguishes itself from the melting pot approach typically found in the United States. Central to the melting pot strategy is the idea that the cultural values and practices of immigrants are best combined with those of mainstream society to form a new and single national culture. Under multiculturalism, however, ethnic groups in Canadian society are encouraged to maintain their ethnic distinctiveness, rather than assimilated into an everchanging national culture. The Act also asserts that individuals and communities are to be assured full and equitable participation in all aspects of Canadian society and that any barriers to that participation will be eliminated. Central here is the idea of inclusion within the broader Canadian society. It should not be the case that an ethnic group is excluded from participating in key social, political, and economic institutions simply because they have chosen to maintain their traditional cultural customs and practices. Communication Issues: In spite of decades of government efforts, multiculturalism is still perceived as something only for visible minorities and non-European immigrants. As such, other groups such as Indigenous Peoples do not see themselves in these policies. While overall there is general goodwill towards multicultural diversity, participants felt that there is often a bias against promotion of such diversity, particularly at public expense. It was argued that this difference in understanding regarding the nature and role of multiculturalism fosters disunity and a sense of isolation between different cultural segments of Canadas population. Those who do not recognize or respond to the understanding and concerns of the other group are seen as alien. This was identified as being corrosive to social cohesion. Multiculturalism also has an awkward relationship with anti-racism. The two sets of concepts/policies were developed independently and then mushed together as multicultural policy began to embrace (some of) the logic of anti-racism. It is a tricky marriage.... European-origin Canadians tend to adopt a view of multiculturalism that is not informed by anti-racism (i.e., we are multicultural and therefore cannot be racist), while visible minorities tend to adopt a view of multiculturalism that is all about anti-racism.
John Humphrey Centre Human Rights Facilitator Training Program 31
CULTURAL DIVERSITY
ACTIVITY
1. Ask participants to read the case study, Cultural Diversity and Multiculturalism. 2. Ask participants to form small groups. In small groups, ask them to discuss the case study, and their view of the Multiculturalism Act. How does the right to communicate relate to the Multiculturalism Act? 3. Play the Sensitivity Game. This game is best played in a large room. Ask participants to line up at a starting area for "the sensitivity game." Explain that the goal of the game is to find out who among them will reach the finish line first. Identify the finish line 10 steps forward. The goal is to promote critical understanding of the diverse circumstances of people in society by identifying factors as to why some do and others do not reach the goal. The facilitator should make adjustments to suit the target group, for example changing the number of participants, the number of steps taken, the questions asked and space used. 4. After everyone is at the starting line, give the following instructions: If you feel that your primary ethnic identity is Canadian take one step forward. If you were born with or have acquired a physical disability? Take 1 step back. If you own a house and lot, Step 2 times forward. If you have ever been called names or ridiculed because of your race, ethnicity or class background take one step backward. If you studied the history and culture of your ethnic ancestors in elementary and secondary school take one step forward. If you have immediate family members who are doctors, lawyers, or other professionals take one step forward. If, when you started school, you were speaking a language other than English take one step backward. If you grew up in a single parent household take one step backward. If you have ever felt uncomfortable or angry about a remark or joke made about your ethnicity but it was not safe to confront it take one step backward. If your parent(s) did not grow up in Canada take one step backward.
5. After you read out the last statement, ask everyone to freeze in place and to briefly notice where they are in relation to everyone else. Ask participants to think for a few minutes about what feelings they have and what patterns they notice. Then explain that they are in a race to the finish line which represents well-paying and rewarding jobs. 6. Ask participants: (1) What do the start and the finish lines represent? (2)Now that you know where you stand, how do you feel? Why do you feel good? bad? How do you feel about the other participants? Is it okay to be at the back? (3) Why do you think some are in front of the line and some are lagging behind? How do you account for this? (4) Do you think it is just and humane that some are in front and some are at the back? (5) Why do you think some situations ask you to step forward not backward and others backward and not forward? (6) What do you think are the needs of those who have not reached the finish line?
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7. Facilitator: Synthesize the answers of the participants by noting that the starting line represents human dignity that people inherently possess on a basis of equality. We have to protect our dignity. At the starting line, we are all born equal because we possess human potentialities that we have to develop to the fullest. But from birth and as we go through life, there are factors which hinder us from attaining our full potential. That is why we occupy different distances. Ask for comments and discussion about the fact that some enjoy full human rights and others do not. Draw attention to Articles 1 and 2 of the UDHR 8. Explain that the finish line represents fullness of being human. Our human dignity protected and respected. It is what we all aspire for. The distance between the starting and the finish lines tells us that we need a certain standard of living to enable us to protect our dignity. What constitutes such living standards is what we call human rights. Draw attention to Article 25 of the UDHR. 9. Ask those who are closest to or over the finish line if they have any sense of responsibility for those left behind? Are there any positive ways they can act on those responsibilities?
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: ARTICLES 1, 2 & 25

Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 25. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
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CULTURAL DIVERSITY
CASE STUDY
CULTURAL DIVERSITY & MULTICULTURALISM IN CANADA

CASE STUDY: PLURALISM THE RIGHT TO COMMUNICATE?
SUMMARY The practice of the right to communicate, articulated within the right to culture, has been realized in practical ways in the Canadian context within Canadian multiculturalism. While allowing foreign broadcasters is certainly a step in the right direction to address the right to communicate, additional steps such as the addition of local diverse broadcasting takes into account the need for a big menu of choices. Is it possible to exercise pluralism within the framework of human rights and not adopt a monolithic view of the citizen? CONTEXT Communication media outlets are one of the significant indicators of the practice of pluralism, diversity, and a right to communicate (RTC) in everyday existence in Canada. In this sense, a Canadian RTC signifies acceptance of other points of view and a commitment to the diversity principle. Congruently, Article (12) of UNESCOs Convention on the Protection and Promotion of the Diversity of Cultural Expressions Preamble clearly outlines the importance of media in this context, arguing that freedom of thought, expression and information as well as diversity of the media enable cultural expressions to flourish within societies (2005). CANADIAN BROADCASTING The government of Canada adopted its Multiculturalism Act in 1985. It conceptualized this Act based on the Canadian Citizenship Act that confirms all Canadian citizens equality of rights, privileges and responsibilities; the Canadian Human Rights Act that grants individuals equal opportunities to life as members of Canadian society without any discrimination based on race, colour, ethnic or national origins; and finally, the International Covenant of Civil and Political Rights that identifies the right of ethnic, religious and linguistic minorities not only to enjoy their own culture, religion and language, but equally importantly to practice them in real life. [The government of Canadas policy is to] . . . recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage (Canadian Multiculturalism Act 1985, Article 3-a). To help ensure rights are protected for these minorities, one opinion argues that the publicly owned media should dedicate at least a small percentage of its content to minorities in order to represent their opinions. Canada, through its Canadian Multiculturalism Act (1985), enforces what could be seen as cultural mosaic policy in which immigrants and residents are encouraged to maintain their identities, cultures, languages, etc. within the Canadian context.
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CULTURAL DIVERSITY
CASE STUDY
This is the opposite of the idea of the American melting pot, where immigrants and residents are expected to subsume their previous identities into a general sense of Americanness. On the contrary, the Canadian Act upholds the right to maintain ones culture in practice. Highlighting this point, Article (3-c) states that: It is hereby declared to be the policy of the Government of Canada to... c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation (Canadian Multiculturalism Act, 1985) In other words, at the heart of Canadian culture is a belief that its role is not only to recognize peoples differences, but its duty is to encourage the practice of different cultures: to foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures (Canadian Multiculturalism Act, 1985). This point accords with the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which upholds in article (6) the importance of taking all necessary measures to ensure cultural diversity for the benefit of future generations: Cultural diversity is a rich asset for individuals and societies. The protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations. There are many real-life examples of the ideal of endorsing different ethnic cultures within the Canadian context, especially in the media. For instance OMNI-TV is dedicated to giving different cultures the opportunity to express their opinions, traditions, rituals, music, religion, etc. in their own languages.1 There are in fact two TV channels: OMNI 1 founded in 1986, broadcasts more than 15 languages to up to 18 communities, and OMNI 2 founded in 2002 serves more than 22 communities including Asian and African ones. In addition Canada has approved various Acts supporting ethnic channels in Canada. For instance, the Federal broadcasting regulator, the Canadian Radio-Television and Telecommunications Commission (CRTC) recently approved the distribution of controversial channels such as Al-Jazeera for Canadian viewers of Middle Eastern origin despite many debates and contentious arguments about it being a tool of hate speech and propaganda (Dakroury, 2005). Furthermore, in order to ensure the linguistic diversity which the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions asserts in Article (14)5 of its Preamble, the Canadian Multiculturalism Act maintains that Canadas multiculturalism policy should preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada in real life (1985, Article 3i).
~ Based on a report by Aliaa I. Dakroury~
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DISABILITY RIGHTS
ACTIVITY
THE STATE OF DISABILITY RIGHTS IN CANADA

ACTIVITY
OBJECTIVE Over the past 50 years, people with disabilities have become more and more visible in our society. Medical advances have ensured that many disabled people are now living well beyond adolescence and are ready, willing and able to participate fully in society. The days of being hidden away in attics and institutions are behind us, yet most people with disabilities visible or invisible deal with so many barriers to successful integration that they can barely face the struggle of meeting their basic health and housing needs let alone find meaningful work, cultivate social relationships or enjoy the beauty and wonder that this world has to offer. In this activity, participants will: Become familiar with the Convention on the Rights of Persons with Disabilities Realize some of the barriers that people with disabilities are facing Connect real life situations to the Convention
MATERIALS Case Study: The State of Disability Rights in Canada A copy of one news article for each group (included in Case Study) A copy of the Convention on the Rights of Persons with Disabilities for each group (following)
PROCEDURES 1. Introduce the Convention on the Rights of Persons with Disabilities to the participants (based on Facilitator Backgrounder on following page) 2. Put participants into four small groups 3. Give each group a copy of the Convention on the Rights of Persons with Disabilities and a news article on disabilities (each group will have a different news article) 4. Ask each group to read their article together and then go through the Convention on the Rights of Persons with Disabilities to find the Articles that are applicable to their story 5. Each group will very briefly summarize their news article to the larger group. The facilitator will go through the article Mentally Disabled Witnesss Right to Testify Affirmed for the large group explaining part of the Supreme Courts Decision process and how they used the Convention on the Rights of Persons with Disabilities to make their decision.
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DISABILITY RIGHTS
ACTIVITY
Facilitator Backgrounder:
UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The UN Convention on the Rights of Persons with Disabilities (CRPD) is the first human rights convention of the 21st century. The CRPD is an international law that provides guidance to countries on how to meet the human rights of persons with disabilities. The CRPD also has an Optional Protocol, which is another international law that provides a mechanism for individuals and groups, who have exhausted all domestic avenues of redress, to have claims of discrimination heard by the UN Committee on the Rights of Persons with Disabilities. Canada participated in the development of the CRPD at the United Nations. The Federal government included people with disabilities on the Canadian delegation, which worked on drafting the Convention. Steve Estey, Chair of Council of Canadians with Disabilities (CCD) International Development Committee, and Mary Ennis, then a CCD Vice Chair, participated on different Canadian delegations. During the Convention's development phase, CCD held community consultations where national disability groups provided input to Federal officials on the content of the CRPD. Now that the Convention has come into force, CCD monitors the Federal Government's actions on the CRPD.
~ Council of Canadians with Disabilities ~ http://www.ccdonline.ca/en/international/un
CANADA RATIFIES UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

(March 11, 2010) The Honourable Lawrence Cannon, Minister of Foreign Affairs, and the Honourable Diane Finley,
Minister of Human Resources and Skills Development, today announced that, with the support of all provinces and territories, the Government of Canada has ratified the Convention on the Rights of Persons with Disabilities at United Nations headquarters in New York City. Canada is committed to promoting and protecting the rights of persons with disabilities and enabling their full participation in society, said Minister Cannon. Ratification of this convention underscores the Government of Canadas strong commitment to this goal. Canada is proud to have been one of the first countries to originally sign the Convention in 2007, said Minister Finley. The ratification of this agreement is just further acknowledgement that Canada is a world leader in providing persons with disabilities the same opportunities in life as all Canadians. Today is a momentous day for Canadians with disabilities and their families, said Bendina Miller, President of the Canadian Association for Community Living (CACL). CACL is thrilled that Canada has ratified the Convention. Canada has been an international leader on disability and human rights, and through ratification can continue to play this important role. CACL looks forward to working with the Government of Canada on implementing and monitoring compliance with the Convention. The Government of Canadas ratification today of the Convention is a historic event for Canadians with disabilities, said Marie White, National Chairperson of the Council of Canadians with Disabilities. It signals the end of an era where people with disabilities were seen as objects of charity. Ratification of the Convention makes real our goal of recognition as full and equal citizens of Canada. Ratification of the Convention puts an end to the medical model and opens exciting new opportunities for building a more inclusive and accessible Canada. Canadians with disabilities applaud the Government of Canada for this historic action. As the Government of Canada continues to play a leading role with respect to the inclusion of persons with disabilities in sport, we wish our paralympic athletes the best of luck at the upcoming Paralympic Games in Vancouver, said Minister Cannon. The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect and ensure the full enjoyment of human rights by persons with disabilities, and to ensure that they enjoy full equality under the law. There are approximately 4.4 million persons with disabilities in Canadaabout 14.3 percent of the population.
~ Foreign Affairs and International Trade Canada ~ http://www.international.gc.ca/media/aff/news-communiques/2010/99.aspx?view=d
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THE CONVENTION ON THE RIGHTS OF PEOPLE WITH DISABILITIES: SIMPLIFIED VERSION

Article 1. Countries that have accepted this agreement will work at making laws that will give people with disabilities these rights and get rid of everything that stops these rights. (Articles 2 and 3 pertain to definitions and general principles.) Article 4. Countries need to believe that by law everyone is equal and to give people with disabilities the same rights and protection by the laws as everyone else. Article 5. Countries need to make sure that women and girls with disabilities have the same rights as everyone else. Article 6. Countries need to make sure that all children with disabilities are kept safe and are treated and supported the same as other children. Article 7. Countries need to tell everyone that having a disability is not a bad thing and that they should not treat people with disabilities any different Article 8. Countries need to find out and get rid of whatever stops people with disabilities from getting where they want to go, doing what they want to do, and getting the help that they need. Article 9. Countries need to make sure that people with disabilities have the same right to live as everybody else and that their lives and health are protected. Article 10. Countries need to make sure that if there is an emergency, people with disabilities will be kept safe from harm. Article 11. Countries need to make sure that people with disabilities have the same rights as everyone else to be able to make choices about their life. They should have whatever support they need to help them make decisions. Article 12. Countries need to make sure that people with disabilities have the same rights to own and be given property by someone who dies as anyone else, have the same rights to look after their own money and the same rights to borrow money from the banks. Countries need to make sure that people with disabilities have the same rights to take somebody to court as anyone else. Whenever they go to court, they should have whatever help they need to tell the court what they know about the case Article 13. Countries need to make sure that people with disabilities have the same right to be free and to be safe as anyone else and should not have their freedom taken away just because they have a disability. Article 14. Countries need to make sure that people with disabilities need to be free from torture and from treatment or punishment that hurts, or makes them feel awful about themselves. Medical or scientific experiments should not be done unless the person gives their consent.
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Article 15. Countries need to make laws to make sure that people do not take advantage of, hurt or abuse people with disabilities. If this happens the country must help the person who was taken advantage of, hurt or abused to heal and get better and the country must look into what happened. Article 16. Countries need to make sure that the minds and bodies of people with disabilities are just as important as the mind and bodies of everybody else. Article 17. Countries need to make sure that people with disabilities can move to other countries and not be stopped only because they have a disability. Article 18. Countries must make sure that people with disabilities can live in the community wherever and with whomever they want, and that they are included in the community and have the supports that they need to do that. Article 19. Countries have to make sure that people should be able to go places where and when they want. They should be helped to do this by teaching them and giving them the supports they need to help them. Article 20. Countries have to make sure that people with disabilities can speak out and that they get the same information as everyone else. People should be able to get information using Braille, Sign Language, special computers or other ways. Countries should encourage people who put things on TV or the internet to make sure all people can get the information. Article 21. Countries have to makes sure that people with disabilities have the same rights to have things private as anyone else. This means that what they do or say in their homes or with other people, or what health problems they have is not anyone elses business and should be kept private unless they want to share it. Article 22. Countries need to make sure that children should never be taken away from their parents unless they are not safe with them, and should never be taken away from their parents just because they have a disability or their parent has a disability. Article 23. Countries need to make sure people with disabilities are able to enjoy personal relationships, get married and have or adopt children, and not be sterilized without their personal consent. Article 24. Countries need to make sure persons with disabilities have an education which includes them with other pupils, provides the supports they need and gives them an equal opportunity to learn and to take their place in the community. Countries need to make sure that everyone has the chance to get an education at whatever level and at whatever stage in their life they want it. People are to be taught in ways that make it easier for them to learn. They should receive whatever support they need to help them learn. Countries need to make sure that people with disabilities have the same right to have the best health possible. People with disabilities should receive the same amount and kind of free or affordable health services as other people as well as the special health services they may need because of their disability. People with disabilities should be able to get the same health and life insurance as everyone else. Article 25. Countries need to make sure that people with disabilities are helped to become as independent and able as possible in the areas of health, work and learning. Countries need to encourage people with disabilities to take part in all areas of life. This includes cultural life, recreation, leisure and sports. Countries must do this by making sure that TV shows, movies, plays
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and things like that are made in ways that people with disabilities can enjoy them. They could use closed captioning or visual description, sign language and other things. Article 26. Countries need to make sure that people with disabilities can get jobs that they choose to do in ordinary work places, and that they receive enough money to earn a living. People should not be discriminated against in employment, and they should have whatever assistance they need to prepare for and to find and keep a job. Countries should hire people with disabilities to work in their governments and encourage businesses to hire people with disabilities. Countries should make sure that employers do whatever they can do to make it possible for people with disabilities to do their work. Countries need to encourage people with disabilities to work on their own, and to start their own businesses. Article 27. Countries need to understand that people have a right to an acceptable standard of living without having to worry about not being able to have the things they need because they have a disability. This would include places to live, ways to get around and talk with others, enough money and people to help them. Article 28. Countries need to make sure that people with disabilities participate in political and public life the same as anyone else. This means that they have the same right to vote, run in an election and hold office as anyone else. Article 29. Countries must also make sure that people with disabilities can take part in both sports for people with disabilities and sports for everybody. Article 30. Countries need to encourage people with disabilities to take part in all areas of life. This includes cultural life, recreation, leisure and sports. Countries must do this by making sure that TV shows, movies, plays and things like that are made in ways that people with disabilities can enjoy them. They could use closed captioning or visual description, sign language and other things. Article 31. Countries need to collect statistics and do research that will better inform the policies they make relating to people with disabilities. Article 32. Countries must help less developed countries carry out their duties under the agreement. Countries need to make sure that they do the things that they have agreed to and do them well. They must choose people both inside their government and from the community, and especially people with disabilities, to encourage and make sure that these things are being done. Article 33. A UN Committee on the Rights of People with Disabilities will be made up of people who are experts in disabilities. They will get reports on a regular basis from different countries. These reports will tell how progress is being made in doing the things in the Agreement.
This plain language translation of parts of the UN Convention is chiefly the work of Julianne Hay of Belleville, Ontario, a member of the Council of Community Living Ontario, with a few additional suggestions made by the Community Living Ontario legal staff and certain additions by the John Humphrey Centre Staff. http://www.un.org/esa/socdev/enable/rights/convtexte.htm
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THE STATE OF DISABILITY RIGHTS IN CANADA

CASE STUDIES
SUMMARIES FACILITATOR STORY: In many legal cases the ability of a mentally challenged witness to tell the truth has been called into question. In early 2012, the Supreme Court of Canada throws out a biased competency test and rules in support of mentally challenged.
STORY T WO: Disabled adults in Ontario face program funding cuts.
STORY T HREE: Ontario Government makes good service for disabled clients mandatory.
STORY FOUR: Saskatchewan closes one of Canadas remaining institutions for mentally challenged people and moves towards community living.
FACILITATOR STORY
MENTALLY DISABLED W ITNESS S R IGHT TO T ESTIFY AFFIRMED CBC NEW S F EBRUARY 10, 2012 The Supreme Court of Canada has ordered a new trial in a sexual assault case involving a mentally disabled witness, and has given her the right to testify in court. The case from Ontario involves a then 19-year-old disabled woman who was allegedly assaulted by a man living with her mother. The woman, whose identity is protected by a publication ban, was determined to have the mental capabilities of a child three to six years old. That led the accused to challenge whether she was capable of giving credible testimony in court, and the trial judge excluded this evidence. Friday's ruling, in a 6-3 decision, set aside the man's acquittal, and ordered a new trial. It also ruled that people with mental disabilities no longer have to undergo a competency test in order to testify.
Mentally Disabled Witness s Right to Testify Affirmed - CBC News February 10, 2012 http://www.cbc.ca/news/canada/story/2012/02/10/supreme-court-testimony-competency-ruling.html
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THE SUPREME COURTS DECISION THE LOWER COURT S DAMAGING AND DISCRIMINATORY DECISION

FACILITATOR STORY
Access to justice and the right to participate in legal proceedings is a basic right and fundamental tenet of the legal system. Being deprived of the right to testify would have a profoundly negative impact on any person seeking justice or participation in the court process. People with disabilities already face many hurdles to their participation in legal proceedings as complainant, accused, witness or party to a civil proceeding. Prejudice, poverty, social isolation and functional impairment all create barriers to equal and meaningful participation in legal proceedings. The lower courts' interpretation of section 16 creates an additional and more fundamental barrier. People with intellectual disabilities suffer a disproportionate rate of violence and assault and face unique barriers and challenges in the reporting, investigation and prosecution of offences against them. Women with intellectual disabilities, in particular, suffer significantly higher rates of sexual assault than others. Isolation and dependence on caregivers create the circumstances for violence, exploitation or abuse to be observed only by the perpetrator and victim. Precluding people with intellectual disabilities from testifying makes the prosecution of offences more difficult. Indeed, offenses for which there is no other witness may be impossible to prosecute without the evidence of the complainant. It also sends the clear message that people with intellectual disabilities should not bother reporting crimes as their evidence will not be accepted. Thus, the lower courts' interpretation significantly heightens the vulnerability of people with intellectual disabilities. The lower courts' interpretation of section 16 perpetuates the damaging myth that people with intellectual disabilities are inevitably unable or unlikely to tell the truth. Equating intellectual disability with "moral incompetency" profoundly offends human dignity and sends a negative message as to the worthiness of persons with intellectual disabilities. That this proposition is propounded by the courts is particularly damaging.
THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The Convention on the Rights of Persons with Disabilities was adopted by the United Nations on December 13, 2006 and entered into force on May 3, 2008. Canada ratified the Convention on March 11, 2010. To date, it has been signed by 147 countries and ratified by 99 countries. The adoption of the Convention and its ratification by Canada were marked by persons with disabilities as pivotal achievements in the promotion of the rights of Canadians with disabilities. The manner in which the Convention influences the interpretation of legislation affecting people with disabilities is a matter of considerable interest to Canadians with disabilities. Article 13 in the Convention expressly obliges Canada to facilitate the effective role of persons with disabilities as direct participants in all legal proceedings, including as witnesses. Article 16 of the Convention requires party states to enact effective legislation to ensure that instances of exploitation, violence and abuse are identified, investigated and, where appropriate, prosecuted. The Convention clearly obliges Canada to support and protect the legal rights and fundamental freedoms of people with disabilities. By preventing persons with disabilities from testifying, the lower courts' interpretation of section 16 of the Canada Evidence Act places Canada in direct contravention of its obligation to ensure that people with disabilities can testify in legal proceedings. Precluding persons with intellectual disabilities from testifying against their alleged abusers impairs Canada's ability to meet its obligation to enact effective legislation to ensure the identification and prosecution of exploitation, violence or abuse. Precluding people with intellectual disabilities from testifying is contrary to the commitment to equal recognition before the law.
`
~Council of Canadians with Disabilities~
http://www.ccdonline.ca/en/humanrights/dai-factum
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STORY TWO FAMILIES OF DISABLED ADULTS ANGRY AFTER $300K PROGRAM CUT
CBC News February 8, 2012
Several dozen Ottawa families are angry after the province cut funding to a program that advocates for their adult disabled children. For five years, Ottawa-based Citizen Advocacy has been running the Real Plans for Real Life program, which finds day programs, jobs and respite care for parents of developmentally disabled adults. It was run through $300,000 in funding for the Ontario Ministry of Social Services. But the ministry said the money is being moved to the provincial Service Coordination office, which provides some services for the disabled, but doesn't provide the same long-term planning aid for disabled clients. Francois St. Jean, whose son Alexander is autistic, doesn't speak and suffers from seizures, said parents won't get the same level of care. "Every time we call Service Coordination we have to wait days before they respond," said St. Jean. "They say, sorry no funding, no respite care...everything is in transition." Zeno Jaworski, whose 26-year-old son Tom has a rare genetic disorder that leaves him catatonic, said when ministry staff handled her son they labelled the family difficult and said they couldn't find a day placement. Jaworski said the Citizen Advocacy worker spent a year writing a plan for Tom and pushed to get him into the best day program. "It's meant that I have hope for a life with Tom," she said. "I have hope for a life with me...just to enjoy Tom as a human being and not always as his caregiver." About 40 severely disabled people and their caregivers benefited from the program. Social Services Manager Una Jane Tallentire acknowledged case workers at the ministry won't take on an advocacy role. But she argued her revamped ministry will serve clients better and said they would not review the decision. The Ministry is making the change, she said, "to provide a simple, transparent mechanism to access to services."
http://www.cbc.ca/news/canada/ottawa/story/2012/02/08/ottawa-cut-program-disabled-adults.html
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STORY THREE BETTER SERVICE FOR DISABLED KEY GOAL OF NEW POLICY
The Star December 4, 2011
Businesses in Ontario will soon be required to provide better customer service to those with disabilities as the province rolls out a much-anticipated new policy. Its a first step, a very positive step and it will help business just as much, said John Milloy, the Minister of Community and Social Services in an interview on Sunday. Under the new standards, it will be mandatory as of Jan. 1, 2012, for all businesses to have a plan to train employees to provide services to those with disabilities. The accessibility standard for customer service is part of the Integrated Accessibility Standards Regulation under the Accessibility for Ontarians with Disabilities Act, and applies to all organizations in the province that provide services and have one or more employees. The core goal of the AODA, created in 2005, is to make the entire province accessible to the disabled by 2025. Accessible customer service is not just about building ramps or installing automatic door openers, said Milloy. Its about making small changes to help make life easier for those with disabilities. For example: Accommodating a customers service dog. Writing answers to questions for someone who is deaf. Using simple language and speaking slowly and in short sentences when helping someone with a developmental disability. Accommodating those who accompany someone with a disability. For businesses with fewer than 20 employees, it means creating a plan and training staff, while for larger organizations, it means also informing the ministry how the plan is being implemented. The standard is a step in the right direction and a long time coming, said David Lepofsky, chair of the Accessibility for Ontarians with Disabilities Act Alliance, a disability consumer advocacy group that works to support the full and effective implementation of accessibility standards in Ontario. It doesnt have as much detail as we would have liked but it takes (time for) organizations to tune their minds as to what they can do, he said. Making changes in how they deal with those with disabilities makes good business sense, Lepofsky pointed out. Everyone eventually gets a disability. So good service for those with disabilities is ultimately good for everyone. One in seven Ontarians face barriers to accessing jobs, goods, services, education and community and social activities but that will increase to one in five within 20 years, says the ministry. Most businesses will want to find the best way to accommodate individuals who have disabilities and will have a plan in place, said Milloy. Providing accessible customer service is easy to do and means our businesses can attract the spending power of more customers. The new standard doesnt mean businesses have to turn everything upside down, he added. The idea is to be do things differently to accommodate. Its about changing the culture a bit, But the standard is mandatory and while fines will be as last resort, they will be imposed. Fines range from $200 as an administrative penalty to as much as $50,000 to $100,000 a day. The four other components under Accessibility for Ontarians with Disabilities Act are transportation, information and communication, employment and environment construction. These have to be implemented by 2025.
http://www.thestar.com/news/canada/politics/article/1096914--better-service-for-disabled-key-goal-of-new-policy
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STORY FOUR SASK. TO CLOSE ONE OF LAST CENTRES FOR MENTALLY DISABLED
The Canadian Press - Feb. 25, 2012 MOOSE JAW, Sask The Saskatchewan government has announced it will close one of the few remaining large facilities in Canada for housing the mentally disabled. The Valley View Centre in Moose Jaw is a sprawling complex of buildings built in 1955 for a population of 1,500 people. There are just over 200 living there now. Social Services Minister June Draude says the facility will be replaced with new services over the next four years, including community-based group homes and expanded day programs. The centre stopped admitting new residents in 2002. The Saskatchewan government says only four other provinces provide such care in institutions for 50 or more people. "Over the next four years, we will develop services that better support the inclusion of people with disabilities in our communities and enhance the array of services available to Saskatchewan people," Draude said in a news release after making the announcement Friday about the facility's future. Ontario closed down its last such facility in 2009. June Avivi, who is with group that represents families with relatives who live at Valley View, said her group is pleased that there will be time to plan for the closure. Avivi, whose son lives at Valley View, said families have known for some time that the aging facility's days were numbered. She said the average age of residents there is 57 and that the buildings need renovations. She said people shouldn't be living in a facility that was designed in the 1950s, but she acknowledged it will be challenging to design appropriate programs to care for the residents, as most consider Valley View their home. "My son has lived there 40 years. The people there have been his family. In many ways, they read his body language better than I do," said Avivi, noting that each resident will need a specifically-designed program. "This won't be a one-size fits all," she said. Gloria Mahussier, president of the Saskatchewan Association for Community Living, said the announcement was a "milestone" on the way toward allowing Valley View residents to choose where they live. About 500 people work at the facility. Jacalyn Luterbach with the Canadian Union of Public Employees Local 603, which represents staff at Valley View, said employees have concerns with the announcement that stretch beyond just the ordinary worry over losing their jobs. Luterbach said many of the residents who could be placed in community-based homes already have been over the past decade, and the ones that remain need significant care. She said she worries some of the remaining residents might end up in long-term care facilities after Valley View is gone.
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STORY FOUR (CONT)

"They have a lot of complex needs that will be difficult to care for in small environments," Luterbach said. Draude pledged the province will work closely with each Valley View resident, as well as his or her family, to develop a transition plan. Detailed plans for developing new services and expanding existing services will be created over the coming months, Draude said. "Valley View employees have provided excellent care to residents over many years, and they will also play a very important role in this planning," Draude said in the news release. Luterbach said that involvement is important, because she said the staffconsider the residents as part of their extended family. Luterbach, herself, has worked at Valley View for 26 years. When she started, she was only planning to stay over the winter. Many other staff have similar stories, she said. "Our members have devoted their entire careers to providing direct care for these individuals," Luterbach said. "We have a very low staff turnover." In November, the Manitoba government agreed to move dozens of people with intellectual disabilities out of the Manitoba Developmental Centre in Portage La Prairie as part of a human rights settlement. Community Living Manitoba had fought to have the institution closed and filed a complaint with the province's human rights commission in 2006, arguing that institutionalizing people with mental disabilities was "an affront to human dignity" and discriminatory. Under the agreement, 29 of the centre's 250 residents will be moved over the next three years into group homes and other facilities. The Manitoba government said at the time that there is still a need for round-the-clock residential care for some people.
http://www.ctv.ca/CTVNews/Canada/20120225/Saskatchewan-closing-centre-for-disabled-120225/
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CHILDRENS RIGHTS IN CANADA

ACTIVITY
OBJECTIVE Child pornography has always been a very taboo topic in Canada and like many other taboo topics, child pornography was something that most people tried not to think about and definitely did not want to discuss. Over the past 20 years, television has increasingly opened our world and brought many uncomfortable topics to our breakfast tables.
The Canadian legal system has a history of struggling to balance freedom of thought with protection of children and the prevalence of child pornography on the Internet has made this struggle even greater as of late. Recent political debate has Canadians wondering if our government has the safety of our children at heart or if they are merely using them as an excuse to act as Big Brother. In this activity, participants will:
Explore the Convention on the Rights of the Child as it relates to child pornography Discuss the Canadian legal system and its ability to protect our children
MATERIALS
Case Study: Child Pornography Four copies of the news articles The Supreme Court and Child Porn as well as Critics Take Aim at Harpers Online Surveillance Bill (included in Case Study) Simplified Version of the Convention on the Rights of the Child (following)
PROCEDURES 1. Introduce the Convention on the Rights of the Child (CRC) based on the Facilitator Backgrounder on the following page.
2. Place participants in small groups 3. Give each group a copy of the article The Supreme Court and Child Porn as well as Critics Take Aim at Harpers Online Surveillance Bill 4. Participants discuss the following questions in their small groups: Case 1: Should art have legal freedom? Case 2: Share your thoughts regarding Case 2. Do families have the right to take exposing photos of their children? If so, how old is too old? How does this help or hinder childrens rights? Case 3: Discuss objectionable thoughts and how that relates to childrens rights when it comes to child pornography. Bill C-30: Is it worth giving up certain Charter rights to protect children? Do you feel that childrens rights are strongly protected through the CRC and other governmental measures? Why or why not?
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Facilitator Backgrounder: The Convention on the Rights of the Child Built on varied legal systems and cultural traditions, the Convention is a universally agreed set of non-negotiable standards and obligations. These basic standardsalso called human rightsset minimum entitlements and freedoms that should be respected by governments. They are founded on respect for the dignity and worth of each individual, regardless of race, colour, gender, language, religion, opinions, origins, wealth, birth status or ability and therefore apply to every human being everywhere. With these rights comes the obligation on both governments and individuals not to infringe on the parallel rights of others. These standards are both interdependent and indivisible; we cannot ensure some rights withoutor at the expense ofother rights. The Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rightscivil, cultural, economic, political and social rights. In 1989, world leaders decided that children needed a special convention just for them because people under 18 years old often need special care and protection that adults do not. The leaders also wanted to make sure that the world recognized that children have human rights too. The Convention sets out these rights in 54 articles and two Optional Protocols. It spells out the basic human rights that children everywhere have: the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The four core principles of the Convention are nondiscrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child. Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child. The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services. By agreeing to undertake the obligations of the Convention (by ratifying or acceding to it), national governments have committed themselves to protecting and ensuring children's rights and they have agreed to hold themselves accountable for this commitment before the international community. States parties to the Convention are obliged to develop and undertake all actions and policies in the light of the best interests of the child.
~ UNICEF ~ http://www.unicef.org/crc/
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THE CONVENTION ON THE RIGHTS OF THE CHILD: SIMPLIFIED VERSION

The aim of the Convention is to set standards for the defence of children against the neglect and abuse they face to varying degrees in all countries every day. It is careful to allow for the different cultural, political and material realities among states. The most important consideration is the best interest of the child. The rights set out in the Convention can be broadly grouped in three sections: Provision: the right to possess, receive or have access to certain things or services (e.g. a name and a nationality, health care, education, rest and play and care for disabled and orphans). Protection: the right to be shielded from harmful acts and practices (e.g. separation from parents, engagement in warfare, commercial or sexual exploitation and physical and mental abuse). Participation: The child's right to be heard on decisions affecting his or her life. As abilities progress, the child should have increasing opportunities to take part in the activities of society, as a preparation for adult life (e.g. freedom of speech and opinion, culture, religion and language.
Article 1: Definition of the child Every human being below 18 years unless majority is attained earlier according to the law applicable to the child. Article 2: Non discrimination All rights must be granted to each child without exception. The State must protect the child without exception. The State must protect the child against all forms of discriminations. Article 3: Best interests of the child In all actions concerning children, the best interest of the child shall be the major consideration. Article 4: Implementation of rights The obligation on the State to ensure that the rights in the Convention are implemented. Article 5: Parents, family, community rights and responsibilities States are to respect the parents and family in their child rearing function. Article 6: Life, survival and development The right of the child to life and the state's obligation to ensure the child's survival and development. Article 7: Name and nationality The right from birth to a name, to acquire a nationality and to know and be cared for by his or her parents. Article 8: Preservation of identity The obligation of the State to assist the child in reestablishing identity if this has been illegally withdrawn.
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Article 9: Non-separation from parents The right of the child to retain contact with his parents in cases of separation. If separation is the result of detention, imprisonment or death the State shall provide the information to the child or parents about the whereabouts of the missing family member. Article 10: Family reunification Requests to leave or enter country for family reunification shall be dealt with in a human manner. A child has the right to maintain regular contacts with both parents when these live in different States. Article 11: Illicit transfer and non-return of children The State shall combat child kidnapping by a partner or third party. Article 12: Expression of opinion The right of the child to express his or her opinion and to have this taken into consideration. Article 13: Freedom of expression and information The right to seek, receive and impart information in various forms, including art, print, writing. Article 14: Freedom of thought, conscience and religion States are to respect the rights and duties of parents to provide direction to the child in the exercise of this right in accordance with the child's evolving capacities. Article 15: Freedom of association The child's right to freedom of association and peaceful assembly. Article 16: Privacy, honour, reputation No child shall be subjected to interference with privacy, family, home or correspondence. Article 17: Access to information and media The child shall have access to information from a diversity of sources; due attention shall be paid to minorities and guidelines to protect children from harmful material shall be encouraged. Article 18: Parental responsibility Both parents have common responsibilities for the upbringing of the child and assistance shall be given to them in the performance of the parental responsibilities. Article 19: Abuse and neglect (while in family or care) States have the obligation to protect children from all forms of abuse. Social programmes and support services shall be made available. Article 20: Alternative care for children in the absence of parents The entitlement of the child to alternative care with national laws and the obligation on the State to pay due regard to continuity in the child's religious, cultural, linguistic or ethnic background in the provision of alternative care. Article 21: Adoption States are to ensure that only authorised bodies carry out adoption. Inter-country adoption may be considered if national solutions have been exhausted.
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Article 22: Refugee children Special protection is to be given to refugee children. States shall cooperate with international agencies to this end and also to reunite children separated from the families. Article 23: Disabled children The right to benefit from special care and education for a fuller life in society. Article 24: Health care Access to preventive and curative health care services as well as the gradual abolition of traditional practices harmful to the child. Article 25: Periodic review The child who is placed for care, protection or treatment has the right to have the placement reviewed on a regular basis. Article 26: Social security The child's right to social security Article 27: Standard of living Parental responsibility to provide adequate living conditions for the child's development even when one of the parents is living in a country other than the child's place of residence. Article 28: Education The right to free primary education, the availability of vocational educating, and the need for measures to reduce the drop-out rates. Article 29: Aims of education Education should foster the development of the child's personality and talents, preparation for a responsible adult life, respect for human rights as well as the cultural and national values of the child's country and that of others. Article 30: Children of minorities and indigenous children The right of the child belonging to a minority or indigenous group to enjoy his or her culture, to practise his or her own language. Article 31: Play and recreation The right of the child to play, recreational activities and to participate in cultural and artistic life. Article 32: Economic exploitation The right of the child to protection against harmful forms of work and against exploitation. Article 33: Narcotic and psychotic substances Protection of the child from their illicit use and the utilisation of the child in their production and distribution.
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Article 34: Sexual exploitation Protection of the child from sexual exploitation including prostitution and the use of children in pornographic materials. Article 35: Abduction, sale and traffic State obligation to prevent the abduction, sale of or traffic in children. Article 36: Other forms of exploitation Article 37: Torture, capital punishment, deprivation of liberty Obligation of the State vis-a-vis children in detention. Article 38: Armed conflicts Children under 15 years are not to take a direct part in hostilities. No recruitment of children under 15. Article 39: Recovery and reintegration State obligations for the reeducation and social reintegration of child victims of exploitation, torture or armed conflicts. Article 40: Juvenile justice Treatment of child accused of infringing the penal law shall promote the child's sense of dignity. Article 41: Rights of the child in other instruments Article 42: Dissemination of the Convention The state's duty to make the convention known to adults and children. Article 43-54: Implementation These paragraphs provide for a Committee on the Rights of the Child to oversee implementation of the Convention.
The titles of articles are for ease of reference only. They do not form part of the adopted text. (UNICEF - UK) ~ Human Rights Education Associates ~
REFERENCES
Human Rights Education Associates, http://www.hrea.org/feature-events/simplified-crc.html Childrens Rights Coalition, http://rightsofchildren.ca/wp-content/uploads/Key-Points-about-the-CCRC-Alternative-Report.pdf
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CASE STUDY
CHILDRENS RIGHTS IN CANADA

CASE STUDY: CHILD PORNOGRAPHY
SUMMARY Child pornography has been around for many generations from drawings to cartoons to photographs and videos. In recent years, the Internet has made child pornography even more accessible, leaving many countries, including Canada, scrambling to create laws to protect children from predators. Many wonder if Canadian laws are too broad putting innocent adults under a microscope, leaving loopholes for pedophiles to slink through and leaving children insufficiently protected. Bill C-30, an online surveillance bill, is causing a lot of political debate with Harpers government saying that this bill will help the police investigate child pornographers and the opposition saying that this bill can be used to invade Canadian citizens privacy.
CONTEXT: WHAT CONSTITUTES CHILD PORNOGRAPHY? The issue of child pornography is a classic legal balancing act. Lawmakers attempt to weigh the protection of children from sexual exploitation against the protection of free speech and free thought protected in the Charter of Rights and Freedoms. Lean too far one way, and the courts will strike down the law saying it infringes on the rights of Canadians. Lean too far the other way, and police and Crown attorneys will say they are hampered by toothless laws when trying to catch producers of child pornography. Let us consider three cases, all connected in some way to the current child pornography law hastily pushed through Parliament in 1993: Case 1: October 1993, Toronto artist Eli Langer, 27, is charged under the new law for a show of paintings of people engaged in sex. Some appear to be young males under 18. It is the first case involving the new child pornography legislation. A judge rules the works have "artistic merit." The charges are dropped. Despite this, the Ontario government uses a forfeiture application to seize the work as child porn with the intention of destroying it. Eventually the paintings are returned.
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Case 2: February 2000, the father of two children in a community near Ottawa is arrested after a technician at a photo lab processes a roll of family snapshots that includes four pictures of the man's four-year-old son "goofing around" without his pajama bottoms. Police charge him with manufacturing child porn. The man is released on bail on condition he leave the family home. The charges are dropped, but the Children's Aid Society demands a custody hearing and parenting courses for the man and his wife. The man, a recent immigrant from Poland, spends his savings to clear himself. Case 3: January 2001, the Supreme Court of Canada rules on the case of John Robin Sharpe, 67, a retired city planner in Vancouver charged with possessing child porn. Two lower courts in British Columbia had acquitted Sharpe, citing the Charter of Rights and Freedoms. Sharpe had pictures of boys younger than 14 engaged in sex, and a collection of his own stories titled "Kiddie Kink Classics." Despite considerable inconvenience, embarrassment and pain to those arrested, the first two cases were clumsily resolved. The third resulted in the current legal status of child pornography in Canada, which some say is too permissive and threatens the safety of children. T HE CASE OF JOHN ROBIN SHARPE Sharpe was arrested in 1995 and charged with two counts of possession of child pornography and two counts of distributing child pornography. In January 1999, the British Columbia Supreme Court acquitted him of possession of child porn. Five months later, the British Columbia Court of Appeal upheld the acquittal, saying the Criminal Code section on possession of child pornography "is truly one step removed from criminalizing simply having objectionable thoughts." British Columbia appealed to the Supreme Court of Canada. The Supreme Court upheld most of the law, but said people can't be prosecuted for producing written or visual materials, works of their own imagination, for their own use. As well, the court made an exception for photographic images produced for a person's own use, so long as the photos do not show unlawful acts. The Supreme Court of Canada then sent the Sharpe case back to the British Columbia Supreme Court for retrial in January 2002. In March 2002, the court found Sharpe not guilty of possessing written child pornography. He was found guilty on two counts of possessing pornographic pictures of children and later sentenced to four months of house arrest. Justice Duncan Shaw found Sharpe's stories did not advocate committing a sexual crime and had artistic merit, "irrespective of whether the work is considered pornographic." In March 2004, Sharpe was found guilty of a separate charge, indecent assault, stemming from an incident with a 14-year-old hitchhiker that took place more than two decades ago. He was acquitted of a second charge of sexual assault.
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CHILD PORNOGRAPHY IN 2012
CRITICS TAKE AIM AT HARPER'S ONLINE SURVEILLANCE BILL

February 15, 2012
Prime Minister Stephen Harper called on parliamentarians Tuesday to stand firm against child pornography and support a contentious bill that will require telecommunications companies to hand over customer information to police without a court order. But opposition parties hit back hard by predicting the new bill will lead to an infringement of the privacy of Canadians, saying it will allow police to build a detailed profile of people, including lawabiding citizens, using their digital footprint without any judicial oversight. They also blasted one of Harper's senior ministers who told a critic of the bill he "can either stand with us or with the child pornographers." Even Ontario's privacy commissioner called the government's attempt to sell this bill as an effort to protect children from predators as "fear-mongering" and "spreading fear." At issue is the government's "lawful access" legislation tabled in the House of Commons Tuesday. The legislation, newly branded by the government as the "Protecting Children from Internet Predators Act" but dubbed "online spying" by critics, is expected to pass under a Conservative majority government. Public Safety Minister Vic Toews inflamed matters Monday by saying that an opponent of the bill "can either stand with us or with the child pornographers." This comment dominated Question Period, with opposition parties calling on Harper to explain them. "It is important that among the provinces there really is an all-party consensus on this. I hope Parliament will study this bill carefully and make sure we do what is best for our children and our law enforcement agencies," Harper responded. The bill will require Internet service providers and cellphone companies to install equipment for real-time surveillance and will create new police powers designed to access the surveillance data. This means police can order a telecom company to preserve data for a specified period, but must first obtain a warrant to read the actual content.
http://www.canada.com/news/Critics+take+Harper+online+surveillance+bill/6150148/story.html
REFERENCES & RESOURCES

CBC News: The Supreme Court and Child Porn June 22, 2004, http://www.cbc.ca/news/background/childporn/ Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography: http://www.canadiancrc.com/UN_CRC/UN_Convention_on_the_Rights_of_the_Child_2nd_Optional_Protocol_Children_Prostitution _Pornography.aspx
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WOMENS RIGHTS IN CANADA

ACTIVITY
OBJECTIVE Violence against women is not something new in Canada or in any other country in the world. Canadian women have fought for and continue to fight for equality in the workplace, in the home and in society in general and though many young women today think that equality exists, the reality is that there are still many battles for equal pay, promotions and fair treatment in the workplace. Women struggle to balance workplace and family responsibilities while facing societal images of women as nothing more than sexual pawns. With all of these struggles taking place, many women have the added stress of being trapped in a terrifying relationship where they are physically, mentally and emotionally relieved of their dignity and self-worth. In this activity, participants will: Learn some Canadian statistics on domestic violence Explore some solutions to ending domestic violence
MATERIALS Case Study: Domestic Violence 2 small pieces of coloured construction paper for each participant Copy of news article Domestic Violence Can Change Perceptions for each participant (included in Case Study) Copy of Simplified version of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) (following)
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PROCEDURES
Facilitator Backgrounder: Convention on the Elimination of all Forms of Discrimination against Women The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is the international human rights treaty that is exclusively devoted to gender equality. It was adopted on 18 December 1979 by the UN General Assembly, and is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines discrimination against women and sets up an agenda for national action to end such discrimination. The Convention defines discrimination against women as any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It requires all States parties to take all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men (Article 3). This includes not just overturning discriminatory laws, but also introducing new gender-sensitive laws and policies, changing the attitudes, practices and procedures within Governments, ensuring that private organizations and individual citizens do not discriminate against women, and changing harmful cultural stereotypes. The Convention therefore takes the conditions of womens actual lives, rather than the wording of laws, as the true measure of whether equality has been achieved. Upon becoming parties to the Convention, States commit themselves to undertake a series of measures to end discrimination against women, including: to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women; to establish tribunals and other public institutions to ensure the effective protection of women against discrimination; and to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises. Sometimes, in areas in which the long-term effects of discrimination have seriously disadvantaged women, laws may be required that give women not just formal equal treatment with men, but preferential treatment. Article 4 of the Convention provides for temporary special measures (such as quota laws for political representation) to be required for a period of time, in order to accelerate the achievement of equality. The Convention has achieved nearly universal ratification, with 186 countries having become States parties to it. States parties have the three-fold obligation to respect, protect and fulfil womens human rights. To respect, the State must abstain from any conduct or activity of its own that violates human rights. To protect, the State must prevent violations by non-state actors, including individuals, groups, institutions and corporations. And to fulfill, the State must take whatever measures are needed to move towards the full realization of womens human rights. The Convention makes very clear that these responsibilities extend to private life as well as public life. Historically, one of the biggest obstacles to realizing womens rights in many countries has been the perception that the State should not interfere in the private realm of family relations. The Convention recognizes that unequal power relations within the private sphere contribute very significantly to gender inequality in all aspects of womens lives, and directs States to take measures that will correct this power imbalance.
~ United Nations Development Fund for Women (UNIFEM) ~ http://www.unifem.org/cedaw30/about_cedaw/
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1. As a large group, give the following True and False quiz to introduce participants to the topic of domestic violence. These questions can be read aloud and participants can raise their hand for a true answer or participants can be given 2 pieces of colored paper with a T and an F to hold up in response to each question. On average, every month a woman in Canada is killed by her intimate partner. False (Every 6 days - In 2009, 67 women were murdered by a current or former spouse or boyfriend) Half of all women in Canada have experienced at least one incident of physical or sexual violence since the age of 16. True More women are experiencing violence after they leave their abuser. True Aboriginal women (First Nations, Inuit and Mtis) are twice as likely to be killed by their intimate partner than non-Aboriginal women. False (They are more than eight times more likely) 30% of women with a disability experience some form of violence. False (60%) Each year in Canada, an estimated 360,000 children witness or experience family violence. True The cost of violence against women in Canada for health care, criminal justice, social services, and lost wages and productivity has been calculated at $5 million per year. False ($4.2 billion)
2. Introduce the Committee on the Elimination of Discrimination Against Women (CEDAW) to the group 3. Have participants read the article Domestic Violence Can Change Perceptions and then as a large group ask for initial responses. How does the article relate to the True and False statistics? 4. In small groups, have participants brainstorm what can be done to change some of the fundamental values on which the current system rests.
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THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: SIMPLIFIED VERSION
Article 1: Definition of Discrimination Discrimination against women is: any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by womenof human rights and fundamental freedoms. Article 2: Policy Measures to be Taken Governments condemn discrimination against women in all its forms and will work to end it. This includes abolishing all existing laws, customs and regulations that are discriminatory. Article 3: Guarantee of Basic Human Rights Governments will take all appropriate actions to ensure the advancement of women and to protect their rights on a basis of equality with men. Article 4: Temporary Special Measures Governments may institute affirmative action programmes to ensure womens advancement. This will not be considered discriminatory. Article 5: Sex Roles and Stereotyping Governments will strive to eliminate cultural and traditional practices that perpetuate discrimination and gender stereotyping of women. Article 6: Trafficking and Prostitution Governments will work to eliminate trafficking in women and the exploitation of the prostitution of women. Article 7: Political and Public Life Governments will work to eliminate discrimination against women in political and public life and will ensure women the right to vote, hold office and actively participate in political parties, lobby groups and NGOs. Article 8: Participation at the International Level Governments will take action to ensure women the opportunity to represent their government at the international level and participate in international organizations. Article 9: Nationality Governments will grant women equal rights to change or retain their nationality and that of their children. Article 10: Equal Rights in Education Governments will act to eliminate discrimination against women in education. This includes giving women and men equal access to education and vocational guidance; the same curricula, examinations, standards for teaching and equipment; and equal access to scholarships and grants.
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Article 11: Employment Governments will eliminate discrimination against women in the workplace. Women will have the same employment rights as men as well as maternity leave and special protection against harmful work during pregnancy. Article 12: Health Care and Family Planning Governments will eliminate discrimination against women in health care and provide them with equal access to health-care services, including family planning. Article 13: Economic Life, Sport and Culture Governments will act to eliminate discrimination against women in the economic and social arenas. Women will have equal access to family benefits, loans and credit, and an equal right to participate in recreational activities, sports and cultural life. Article 14: Rural Women Governments will ensure that the particular needs of rural women are met in relation to access to services, training and employment opportunities and social equity schemes, and act to eliminate discrimination against them. Article 15: Equality Before the Law Governments will give women equality with men before the law, including rights to enter contracts, administer property, appear in court or before tribunals, and to choose residence and domicile. Article 16: Marriage and the Law Governments will ensure that women and men have equal rights to choose a spouse and to marry; the same rights and responsibilities within marriage and on divorce; and equal rights in all matters relating to the birth, adoption and raising of children. Articles 17-22: Detail the establishment and function of the Committee on the Elimination of Discrimination against Women. Articles 23-30: Detail the administration of the Convention.
~ United Nations Development Fund for Women (UNIFEM) ~ http://www.wwda.org.au/CEDAWmadeeasy1.pdf
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WOMENS RIGHTS IN CANADA

CASE STUDY: DOMESTIC VIOLENCE
SUMMARY Every year, thousands of Canadian women are left physically, emotionally and mentally damaged from interactions with their partners. As fear keeps many women from reporting their abuser and education programs for men are few and far between, domestic (family) violence continues to take the self-esteem and lives of Canadian women.
CONTEXT
DOMESTIC VIOLENCE STUDY CAN CHANGE PERCEPTIONS MINDELLE JACOBS, EDMONTON SUN, NOVEMBER 16, 2011
Although we've made tremendous progress preventing violence against women, each new case is a chilling reminder that there is so much more to do. A 24-year-old man was packed off to the slammer Monday for trying to kill his ex-girlfriend. She's lucky to be alive. In hindsight, it probably wasn't a good idea for Jack Robert Miller to move in with Celine Douville, his former girlfriend, and her new man in the summer of 2009. Maybe Miller desperately needed a place to stay but given the complexity of human emotions in such a scenario, things were bound to turn out badly. Miller snapped over something petty one day in September 2009, lit a T-shirt on fire, hit Douville in the face with it and stabbed her in the neck, arm and chest. When her boyfriend, Robert Boomhower tried to intervene, Miller slashed him and then stabbed Douville in the chest, collapsing her lung. A judge slapped Miller with an eight-year sentence, although he has less than four years left to serve because of pretrial custody. Perhaps by the time he's out of jail, we will know a little more about the risk factors that point to potential abuse and we'll get better at stopping such abuse and avoiding it. We're off to a good start with the $150,000 the province gave the Alberta Council of Women's Shelters (ACWS) Monday to engage men and boys in the prevention of family violence. It's important to remind ourselves that domestic violence is a huge social problem, not just a woman's issue. The provincial money is being taken from the bad guys -- millions of dollars worth of property and cash seized as proceeds of crime -- and given to the good guys -- the people who run programs that help victims of crime. The ACWS plans to use part of its grant to conduct a province wide survey of men on their attitudes towards violence against women, says Jan Reimer, the organization's provincial co-ordinator.
http://www.edmontonsun.com/2011/11/16/domestic-violence-study-can-change-perceptions
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DEFINITION The United Nations defines violence against women as: Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." This violence can include: Physical abuse: Slapping, choking, or punching her. Using hands or objects as weapons. Threatening her with a knife or gun. Committing murder. Sexual abuse: Using threats, intimidation, or physical force to force her into unwanted sexual acts. Emotional or verbal abuse: Making degrading comments about her body or behaviour. Forcing her to commit degrading acts. Confining her to the house. Destroying her possessions. Threatening to kill her or the children. Threatening to commit suicide. Financial abuse: Stealing or controlling her money or valuables (of particular concern to older women). Forcing her to work. Denying her the right to work. Spiritual abuse: Using her religious or spiritual beliefs to manipulate, dominate, and control her. Criminal harassment/stalking: Following her or watching her in a persistent, malicious, and unwanted manner. Invading her privacy in a way that threatens her personal safety.
CANADIAN STATISTICS
On average, every six days a woman in Canada is killed by her intimate partner. In 2009, 67 women were murdered by a current or former spouse or boyfriend. On any given day in Canada, more than 3,000 women (along with their 2,500 children) are living in an emergency shelter to escape domestic violence. Each year, over 40,000 arrests result from domestic violencethats about 12% of all violent crime in Canada. Since only 22% of all incidents are reported to the police, the real number is much higher. As of 2010, there were 582 known cases of missing or murdered Aboriginal women in Canada. Both Amnesty International and the United Nations have called upon the Canadian government to take action on this issue, without success. In just one year in Canada, 427,000 women over the age of 15 reported they had been sexually assaulted. Since only about 10% of all sexual assaults are reported to the police, the actual number is much higher. Half of all women in Canada have experienced at least one incident of physical or sexual violence since the age of 16. About 80% of sex trafficking victims in Canada are women and girls. 61% of all Canadians say they personally know at least one woman who has been sexually or physically assaulted.
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CANADIAN STATISTICS, CONT More than one in ten Canadian women say they have been stalked by someone in a way that made them fear for their life. The cost of violence against women in Canada for health care, criminal justice, social services, and lost wages and productivity has been calculated at $4.2 billion per year. Like all violent crime in Canada, rates of domestic violence have fallen in recent years. This decline is partly due to increased social equality and financial freedom for women, which makes it easier for them to leave abusive relationships at earlier stages. It is also due to years of effort by groups who are working to end domestic violence. Their achievements include improved public awareness, more treatment programs for violent men, improved training for police officers and Crown attorneys, having the police lay charges rather than the victim, more co-ordination of community services, and the creation of domestic violence legislation in some areas of Canada. After falling for a decade, rates of domestic violence have now flat-lined. In 2009, the rate of self-reported spousal violence was the same as in 2004. Victims are now less likely to report an incident to police. More women are experiencing violence after they leave their abuser. Violence against women happens in all cultures and religions, in all ethnic and racial communities, at every age, and in every income group. However, some women are especially at risk: o Aboriginal women (First Nations, Inuit and Mtis) are more than eight times more likely to be killed by their intimate partner than non-Aboriginal women. o Young women are especially at risk. 66% of all female victims of sexual assault are under the age of twenty-four, and 11% are under the age of eleven. Women aged 15 to 24 are killed at nearly three times the rate for all female victims of domestic homicide. o 60% of women with a disability experience some form of violence. o Immigrant women may be more vulnerable to domestic violence due to economic dependence, language barriers, and a lack of knowledge about community resources. Each year in Canada, an estimated 360,000 children witness or experience family violence. Children who witness this violence are at immediate risk of being physically injured. Long-term exposure to these traumatic events can affect childrens brain development and ability to learn, and lead to a wide range of behavioural and emotional issues such as anxiety, aggression, bullying, phobias, and insomnia. Children who witness violence in the home have twice the rate of psychiatric disorders as children from non-violent homes. These long-term effects can easily extend into adulthood. Research shows that children who witness violence are more likely to grow up to become victims or abusers. According to the RCMP, a child who witnesses spousal violence is experiencing a form of child abuse, since research shows that witnessing family violence is as harmful as experiencing it directly.
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FEDERAL LEGISLATION Most forms of family violence are crimes in Canada. Although the Criminal Code does not refer to any specific "family violence offence," an abuser can be charged with an applicable offence. Criminal charges could include:

sexual offences against children and youth (ss. 151, 152, 153, 155 and 170-172) trespassing at night (s. 177) child pornography (s. 163.1) failure to provide necessaries of life and abandoning child (ss. 215 and 218) criminal negligence (including negligence causing bodily harm and death) (ss.219-221) homicide - murder, attempted murder, infanticide and manslaughter (ss. 229231and 235) criminal harassment (sometimes called "stalking") (s. 264) uttering threats (s. 264.1) assault (causing bodily harm, with a weapon and aggravated assault) (ss. 265-268) sexual assault (causing bodily harm, with a weapon & aggravated sexual assault) (ss. 271-273) kidnapping & forcible confinement (ss. 279 and 279.1) abduction of a young person (ss. 280-283) making indecent & harassing phone calls (s. 372) mischief (s. 430) intimidation (s. 423) breach of a court order, recognizance (peace bond), & probation order (ss.145(3),127, 811, and 733.1)
REFERENCES & RESOURCES

The Facts About Violence Against Women Canadian Womens Foundation http://www.canadianwomen.org/facts-about-violence Department of Justice http://www.justice.gc.ca/eng/pi/fv-vf/laws-lois.html
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INDIGENOUS PEOPLES RIGHTS IN CANADA

ACTIVITY
OBJECTIVE The UN Declaration on the Rights of Indigenous Peoples became part of international law when it was adopted by a majority vote of the United Nations (UN) General Assembly on September 13, 2007. This day will be remembered as a day when the United Nations and its Member States, together with Indigenous peoples, reconciled with past painful histories and decided to march into the future on the path of human rights. The adoption of the UN Declaration represented a major turning point for the recognition and protection of Indigenous peoples rights within the United Nations and international legal systems. Clearly noted in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) is the notion that Indigenous peoples have a right to their lands, territories, and natural resources including to own the land, and to live on and use the land. In this activity, participants will: Be introduced to the UNDRIP, and in particular, Canadas relationship with the UNDRIP Engage in the historic relationship between Europeans and the Indigenous nations, and in the colonization of the land we now call Canada Become aware of the state of Indigenous Peoples rights in Canada
MATERIALS Case Study: Indigenous Peoples Property Rights (for additional reading) 6 (or more) Blankets (or something that can represent blankets) Scrolls: copy the activity appendix, roll each sheet as a scroll, and number them on the outside Index cards purple and two other colours (the activity uses blue and yellow) Background Statistics (included in appendix) Copy of the simplified version of the United Nations Declaration on the Rights of Indigenous Peoples (included in appendix)
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PROCEDURES Facilitator Backgrounder: Introduce the United Nations Declaration on the Rights of Indigenous Peoples Please note for time management purposes that this introduction should take no longer than a few minutes. The following information is for the facilitators purpose and background information. Few people in the world are in greater need of human rights protection than Indigenous peoples. Globally, about 370 million Indigenous people face widespread systemic discrimination, impoverishment, ill health, and dispossession of lands and resources. Although governments have a duty and responsibility to ensure the welfare and safety of all their citizens, Indigenous peoples are often the target of policies designed to erode or suppress their rights and distinct cultural identities. And Canada is no exception. Indigenous peoples are entitled to the same human rights as other peoples and are supposed to be protected by existing international human rights covenants, such as the Conventions on Civil and Political Rights and Economic, Cultural and Social Rights, Racial Discrimination and Rights of the Child. For years Indigenous peoples and human rights and social justice organizations have used these international human rights instruments to advocate for Aboriginal rights and justice. The UN Declaration on the Rights of Indigenous Peoples is an international human rights document designed to protect the rights of Indigenous peoples. Like other UN declarations, it contains human rights principles which governments are expected and encouraged to respect. Unlike other declarations, however, the Declaration addresses collective rights to a degree unprecedented in international human rights law In November 2010, the Government of Canada endorsed this UN Declaration, after initially failing to do so in 2006. When endorsing the Declaration, the government stated that it was reaffirming ...its commitment to build on a positive and productive relationship with First Nations, Inuit and Mtis peoples to improve the well-being of Aboriginal Canadians, based on our shared history, respect, and a desire to move forward together.
THE B LANKET EXERCISE (B ASED ON KAIROS VERSION): 1. Read over the Blanket Exercise script. Ideally, speak to one person ahead of time, give them a copy of the script, and ask if they would agree to play the role of the European (or choose a confident member of your group on the spot). Photocopy and roll the scrolls, and number the outside of those scrolls that need numbers. The ideal number of participants for this exercise is 1525. However, it can be easily and successfully adapted for smaller groups by having participants read more than one scroll. The key is to ensure there are some participants left on the blankets at the end of the exercise. Groups larger than 25 can also be easily accommodated. 2. Hearing Aboriginal Voices: Invite someone in the group to read aloud the first three quotations found in the appendix on pages 72 and 73 of this manual. Feel free to abbreviate them if time is short. Invite comments from the group in response to the following questions: What elements of nationhood are asserted in these statements? How well are these assertions accepted in dominant Canadian society? Sum up the conversation by saying something such as: The Europeans who discovered what we now know as North America encountered independent,
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distinct, self-governing and self-sufficient societies with a wide variety of languages and cultures, social traditions, and complex systems of government, including some that were matriarchal. The very fact that treaties were made with these peoples confirms they were sovereign peoples. The Royal Commission on Aboriginal Peoples (RCAP) said a new relationship with Indigenous peoples, so desperately required, should be based, above all else, on the reality of Indigenous nationhood. RCAP also said this new relationship based on respect, sharing and the mutual recognition of rights and responsibilities would be difficult because, among other things, it would require decolonizing the relationship between aboriginal and non-aboriginal people in Canada, a road that the experience in other societies demonstrates is not an easy one to follow. 3. Learning through Experiencing: Tell people they are about to participate in an interactive exercise designed to deepen their understanding of the denial of Indigenous peoples nationhood in Canada. Ask participants to notice how First Nations, Inuit and later Mtis peoples lost access to their land, what impact this loss had on their communities both in the past and today and how Indigenous peoples have resisted, and continue to resist, assimilation. Share that for some this exercise may bring up difficult feelings. Assure participants that the last step will be a discussion so people can share their feelings in a respectful way. 4. Lay the blankets on the floor up against each other so as to create a blanketed area large enough to accommodate all the participants. Fold one blanket and set it aside. Invite everyone to remove their shoes and to stand on the blankets. Ask them to move around on the blankets. Ask your volunteer (European) to stand with you. 5. Take the role of the narrator and begin reading the script below and follow the various instructions. SCRIPT Narrator: These blankets represent the northern part of Turtle Island, or North America, before the arrival of Europeans. You represent the Indigenous peoples, the original inhabitants. Long before the arrival of Europeans, Turtle Island was home to millions of people living in thousands of distinct, self-governing societies that formed hundreds of nations. These were fishing, hunting, and farming societies, with their own language, culture, traditions their own customary laws, distinct institutions and systems of governance. As Nations, you interacted with one another, economically and militarily. You traded and shared gifts. You learned to resolve clashes and disputes over lands and resources through treaty-making. Diverse as you were, as Indigenous peoples you shared things in common. Your relationship to the land defined who were as peoples. All of your needs food, clothing, shelter, culture, spiritual fulfillment were met by the land, by the blankets. In turn, you took seriously your collective responsibility to serve and protect the land. Introduce the volunteer as representative of the European settlers, and have her/him join the others on the blankets.
Narrator: Events occurred in Europe at the end of the 15th century that would deeply impact your societies. In 1493 the King and Queen of Spain asked Pope Alexander VI to issue the following papal bull or solemn edict from the Vatican. Known as the Doctrine of Discovery, it established Christian dominion and subjugation of non-Christian pagan peoples. I also granted Spain the right to conquer any lands its explorers discovered. Non-Christian nations could no longer own the lands, and the Indigenous people were to
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be placed under the tutelage and guardianship of those Christian nations that discovered their lands. European unrolls & reads Scroll A, in a loud voice Narrator: And so began the process of the European discovery and colonization of Turtle Island. The European steps on the blankets and begins to mill around. Narrator: When Europeans first arrived on Turtle Island they were greatly outnumbered by you, the Indigenous people, and they depended on you for their survival, and to make sense of the existing complex political and social systems. Your early relationships with the settlers were characterized by cooperation and interdependence. Intermarriage was considered acceptable and desirable for survival and living off the land. The settlers and their governors recognized you as distinct peoples with self-governing societies. This led to nation-to-nation relationships which were formalized in treaties, including some commercial arrangements and military alliances. These treaties were international agreements between the European crowns and your nations. They formally recognized each nations sovereignty and independence. They affirmed that you - the Indigenous peoples - were the original inhabitants, that your territories belonged to you, and that you were self-governing. The European crowns understood they had no right to impose their laws or ways on you. The European greets the other participants. While shaking hands, he/she gives out index cards to about half the participants. All but five get purple cards - two get blue cards and three get yellow cards. (Note: If the group is large enough, ensure that at least 10 participants do not receive cards. Any colour is acceptable, as long as you have two different colours. If you dont have coloured cards, write the colour on the cards.) European unrolls and reads Scroll B, in a loud voice.
Narrator: Later on, the Canadian federal government replaced the crown as the treatymaking body, and the Royal Proclamation of 1763 was entrenched in Canadas Constitution Act, 1982. To Indigenous peoples, treaties were sacred agreements that were marked with spiritual ceremonies. They were not statements of submission or surrender, or real estate deals. Instead, they were statements of peace, friendship, and alliance and they were based on instructions of traditional Indigenous spirituality around sharing, respect and honesty. Treaties were means of sharing land and resources, and of ensuring peaceful co-existence among diverse peoples. At some point, the European begins to slowly fold the blankets over, making the blanket space smaller and smaller. The participants are reminded that they must not step off the blankets. The objective is to stay on the blankets, even as they get smaller.
Narrator: But the Europeans had altogether different views of land, and of treaties. For them, land was a commodity that could be bought and sold, and treaties were a means of getting Indigenous peoples to surrender or extinguish their title to the land. Over time, your relationship with the settlers continued to deteriorate. With the end of the War of 1812, the newcomers no longer needed you as military allies; as the fur trade dried up and colonists turned more and more to agriculture, they no longer needed you as trading partners either. Soon the Europeans began to outnumber you. One reason for this was diseases the Europeans brought with them diseases such as small pox, measles and TB for which you had no immunity. Some experts believe fully half the Indigenous
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people alive at the time died from these diseases. Many communities were decimated and lost up to 90 percent of their members. The Narrator asks those participants with purple index cards to step off the blanket as they represent those who died of the various diseases to which the original people had no immunity.
Narrator: More Europeans also meant an ever increasing demand for land for settlement. Fuelled by new ideas from Europe about the inferiority of non-white races and women, colonists began to view you as obstacles to expansion and settlement, and as a problem to be solved. The colonial governments adopted policies and practices to take your land. Some was taken in war. A lot more, since it was taken without any right or justification, was stolen by the government. Some was taken by force, which led to some of you being killed. Without access to the land you could no longer practice your traditional lifestyles. Many of you lost your cultures and languages. Some of you lost all hope, and a reason to live. The federal government also imposed the Indian Act system of government on your communities, ignoring your traditional governments and excluding women. The Narrator walks to one person in the east who does not have an index card. Narrator: You represent the Beothuk, the original inhabitants of what is now Newfoundland. Your people the ones who didnt starve or die in violent encounters with settlers trying to take your lands - were hunted and killed, or taken captive for reward. Your people are now extinct. Please step off the blankets. The European and the Narrator then give the folded blanket that was set aside at the beginning to a participant in the west.
European: On the west coast and the prairies blankets infested with the small pox virus were given or traded to the Indigenous people. You represent the thousands of First Peoples who died from TB, measles or small pox contracted in this way. Please step off the blankets. The European and the Narrator walk to the north and choose one island [blanket] of people.
Narrator: In the High Arctic, Inuit communities were removed from their traditional territories and relocated to isolated, barren lands with which they were unfamiliar, often with devastating results. European: You represent those First Peoples the Inuit, and the Innu at Davis Inlet, and countless other Indigenous communities who suffered and sometime died through forced relocation. Please move one the blankets away from the others, fold it small and sit down on it. The European directs the group to a smaller, folded blanket. The Narrator asks those participants with blue index cards to step off the blanket as they represent those who died of malnutrition after being forced off their traditional territory and away from their hunting grounds. The European and the Narrator present eleven participants either on or off the blankets with numbered scrolls. As the Narrator calls out the numbers, each participant unrolls the scroll and reads it aloud. With smaller groups, each participant can read more than one scroll. Depending on the number of
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participants, the Narrator can read the background scrolls or ask other participants to read them. Order of scrolls: Scroll 1: Terra Nullius - and Background Scroll 1 - (Read by the narrator or a participant) Scroll 2: The British North America (BNA) Act and Background Scroll 2 (Read by the narrator or a participant) Scroll 3: The Indian Act European reads the first part of Scroll C Background Scroll 3 (Read by the narrator or a participant) European reads the second part of Scroll C
Narrator: The Indian Act also severely restricted Aboriginal land rights. For example, under the Indian Act, it was illegal to raise money to fight for land rights in the courts until 1951. Scroll 4: Enfranchisement - and Background Scroll 4 (Read by the narrator or a participant) Scroll 5: Assimilation - and Background Scroll 5 (Read by the narrator or a participant) Scroll 6: Residential Schools The Narrator asks those participants with yellow cards to move to a separate, empty blanket as they represent those who were taken out of their communities and placed in residential schools far from their homes. Background Scroll 6 (Read by the narrator or a participant) The Narrator asks one of the participants with yellow index cards to step off the blanket to represent those who died as a result of their experience at residential schools. Scroll 7: 1969 White Paper - and Background Scroll 7 (Read by the narrator or a participant) The Narrator asks participants to unfold their blankets ONCE to commemorate this successful act of resistance against the federal governments termination legislation. Scroll 8: Broken promises European reads Scroll D, in a loud voice. The European and the Narrator walk to a person standing in the west. Narrator: In the west, decades of oil and gas exploitation have ruined the land and poisoned the water. You represent the Cree and Dene people of northern Alberta who have died as a result of these changes. Please step off the blankets. Background Scroll 8 (Read by the narrator or a participant) Scroll 9: 2002 First Nations Governance Act (FNGA) - and Background Scroll 9 (Read by the narrator or a participant)
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The Narrator asks participants to unfold their blankets ONCE to acknowledge the successful campaign against the FNGA. Scroll 10: Extinguishment (or non-assertion) of Rights - and Background Scroll 10 (Read by the narrator or a participant) Scroll 11: U.N. Declaration on the Rights of Indigenous Peoples The Narrator asks all the remaining participants to unfold their blankets ONCE, then read the following quote: Narrator: The Declaration is fundamentally about building meaningful relationships with Indigenous peoples across the globe, and with nation-states and with Indigenous rights supporters. It is about our relationships with each other, our lands, natural resources, our laws, our rights, our languages, our spirituality, our ways of life. - Phil Fontaine, Former National Chief of the Assembly of First Nations Background Scroll 11 (Read by the narrator or a participant) European reads Scroll E
Narrator: In 2008 over 100 constitutional and indigenous rights experts signed an open letter that characterized Canadas reasons for opposing the Declaration are misleading, erroneous and extraordinary. Since 2007, Australia and New Zealand have reversed their positions and now support the Declaration. The United States endorsed the Declaration in January 2011. Two of the 11 countries that abstained Colombia and Samoa now support the Declaration. The Government of Canada finally endorsed the Declaration on November 12, 2010, but with qualifications, including that the Declaration is non-legally binding and doesnt reflect international law, which is untrue. Nevertheless, the endorsement was welcomed by most Indigenous groups and their allies who see it as an important first step towards a new relationship that upholds their human rights. Now the real work of implementation begins! At this point, there should be a few people standing on very small areas of blankets. END OF SCRIPT 6. Reflecting: Invite those people who have stepped off the blankets to join those still on the blankets in a period of silent reflection. Participants may journal their thoughts. Invite peoples comments insights and emotions. What did they experience? What did they feel? What did they learn? Be aware that participating in such an exercise can have a strong impact on participants, especially First Nations, Inuit or Mtis people. It is important to allow time for participants to share their feelings. If required to stimulate discussion, offer these questions: How have non-Indigenous people benefited from the historical and current denial of Aboriginal nationhood in Canada? In other words, how are our privileges related to the historical and ongoing injustices committed against Indigenous peoples? What responsibility do we have as a result of these privileges?
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BLANKET ACTIVITY: APPENDIX

QUOTES & SCROLLS
At contact with Europeans, each of the hundreds of Indigenous Peoples of Indigenous America possessed all the elements of nationhood that were well-established by European settlers: territory, governing structures, legal systems and a historical continuity with our territories. Nothing since the arrival of Columbus has occurred to merit any reduction in the international legal status of Indigenous Peoples. The recognition of Indigenous Nations and our rights possess no threat to nonIndigenous Peoples. Sharon Venne, Cree
First Nations are nations. First Nations (treaty people) signed over 300 treaties with the Europeans during the 1700s and 1800s. The treaties agreed to share the lands and resources with the immigrants. ... Under existing legislation, treaty people are sovereign nations. ... The Indians surrendered over 9.9 million square kilometres of their land to the immigrants. Today, the sons of the immigrants have the largest treaty rights in Canada. The Indians have become the poorest peoples in Canada. Chief Pascall Bighetty, Pukatawagan First Nation
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Our cultures, our religions, our governments and our ways of life are all in danger. We are not simply individuals with individuals rights; on the contrary, we exist as distinct peoples, distinct communities, real functioning nations. We hold our lands in common; we hold our cultures and religions as nations and as communities and groups. Chief Jake Swamp, Wolf Clan of the Mohawk Nation, Haudenosaune
SCROLL 1: TERRA NULLIUS The notion of Terra Nullius, which in Latin means empty land gave a colonial nation the right to absorb any territory encountered by explorers. BACKGROUND SCROLL 1: If the land was deemed empty by the settler government it was considered subject to the Doctrine of Discovery and could be claimed by the European explorers. Over time, this concept was conveniently expanded to include lands not occupied by civilized peoples, or lands not being put to civilized use.
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SCROLL 2: THE BRITISH NORTH AMERICA (BNA) ACT The BNA Act, also known as the Constitution Act of 1867, put Indians and Lands reserved for Indians under the control of the federal government. BACKGROUND SCROLL 2: The BNA Act was drafted in part to provide policy teeth for Sir John A. MacDonalds announcement that Canadas goal was to do away with the tribal system and assimilate the Indian people in all respects with the inhabitants of the Dominion. The Act specified how Indigenous people were put under the protection of the Crown. It provided the legal base for the treaties, and it emphasized the governments central priorities of assimilation, enfranchisement, and civilization.
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SCROLL 3: INDIAN ACT In 1876 all laws dealing with Indians were gathered together and put into the Indian Act. The Indian Act is still in force today and was last updated in the 1980s. BACKGROUND SCROLL 3: The Indian Act pertains only to First Nations, not Mtis or Inuit. The effect of the Indian Act on First Nations people was to transform independent First Nations into physically marginalized and economically impoverished bands, and individuals into wards of the state. Through the Indian Act, the federal government has denied First Nations people the basic rights that most Canadians take for granted. For example, under the Indian Act Indigenous people were not allowed to vote until 1960. The Inuit were denied the vote until 1950, although it was not possible for them to participate until the 1962 federal election. While not covered by the Indian Act, in 1939 the Supreme Court of Canada interpreted the federal governments powers to make laws affecting Indians, and Lands reserved for the Indians as extending to the Inuit. Restrictions were never placed on Mtis voting rights.
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SCROLL 4: ENFRANCHISEMENT Under this federal policy, all Indigenous peoples who became doctors, lawyers or who entered other professions would be forced to give up their Indigenous status. This was called being granted enfranchisement BACKGROUND SCROLL 4 - ENFRANCHISEMENT In other words, the government would reclassify Indigenous people entering the professions as Canadians, making them ineligible for treaty benefits. Since this included lawyers, it effectively prevented land rights cases from reaching the courts during the first half of the 1900s.
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SCROLL 5: ASSIMILATION In the early 1900s the Dominion government thought the Indian problem would soon solve itself as Indigenous people died off from diseases and the survivors were absorbed into the larger society. As Indian Affairs deputy superintendent Duncan Campbell Scott said at the time, the governments goal was to continue until there is not a single Indian in Canada that has not been absorbed into the body politic.
BACKGROUND SCROLL 5 - ASSIMILATION The governments policy of forced assimilation explains, in part, the extraordinary pressures placed on Indigenous people over the past century to surrender and/or sell their lands and resources. The goal of the government in land rights negotiations has been clearly consistent with this policy: to take as much land and resources from Indigenous peoples as possible.
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SCROLL 6: RESIDENTIAL SCHOOLS From 1820 to the 1970s, the federal government removed Indigenous children from their homes and communities and placed them in church-run boarding schools, often far from their homes. In most cases the children were not allowed to speak their own languages. Most of the children stayed at the school for 8-10 months, while others stayed all year.
BACKGROUND SCROLL 6 - RESIDENTIAL SCHOOLS While some report having positive experiences at the schools, many Aboriginal people suffered from the impoverished conditions and from emotional, physical and sexual abuse. Many more lost family connections and the opportunity to learn their culture and traditions from their elders. Raised in an institution, most lost their parenting skills. Some students died at residential school. Many others never returned to their home communities, or were shunned if they did.
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SCROLL 7: 1969 WHITE PAPER This proposed federal law tried to solve the Indian problem by abolishing the Indian Act and forcing First Nations to surrender their rights and assimilate into EuroCanadian society BACKGROUND SCROLL 7 - 1969 WHITE PAPER Written when Pierre Trudeau was prime minister and Jean Chrtien was Minister of Indian Affairs, Indigenous peoples saw this legislation as an attempt to terminate their rights. They were outraged, and organized to defeat it. From this movement, the National Indian Brotherhood, now the Assembly of First Nations, was born.
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SCROLL 8: BROKEN PROMISES Over the years, more than 2/3 of the land set aside for Indigenous peoples in treaties has been lost or taken through fraud, mismanagement, intimidation, expropriation for military purposes, or for development. Rarely has the government attempted to replace this land, or to compensate Indigenous peoples for its use. BACKGROUND SCROLL 8 - BROKEN PROMISES Indigenous peoples continue to view treaties as sacred agreements between sovereign nations that must be honoured to ensure equitable sharing of resources and a peaceful, just coexistence. But that view of treaties continues to go largely unrecognized by non-Indigenous society, which views treaties primarily as surrender documents.
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SCROLL 9: 2002 FIRST NATIONS GOVERNANCE ACT This proposed legislation was introduced as part of a larger plan to overhaul the Indian Act. It was opposed by First Nations people and their supporters who saw it as yet another attempt to assimilate them. Among other things, the FNGA proposed privatizing reserve land to increase private ownership in a municipal- style governance system. First Nations said it threatened their inherent and treaty rights, as well as their potential for sovereignty.
BACKGROUND SCROLL 9 2002 FIRST NATIONS GOVERNANCE ACT (FNGA)
While Indigenous resistance to this potentially assimilative policy led to its defeat in 2002, the risk remains that governments will attempt to re-introduce elements of the First Nations Governance Act. For example, the privatization of reserve lands is one of the Harper governments proposed solutions to the Indian problem, and one of the few initiatives aimed at Indigenous peoples included in the Conservatives 2007 Budget.
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SCROLL 10: EXTINGUISHMENT (OR NON-ASSERTION) OF RIGHTS When the federal government negotiates with Indigenous peoples who have not ceded title to their traditional lands its called a Comprehensive claim. Canadas Comprehensive Land Claims policy requires the First Nation to give up its title and rights to the vast majority of its lands in return for a specified set of rights and a tiny fraction of their traditional territories. While Canada no longer uses the word extinguishment, its current approach has the same effect. Under the non-assertion model the Indigenous group agrees to exercise only those rights articulated and defined in the treaty and to assert no other Indigenous rights.
BACKGROUND SCROLL 10 EXTINGUISHMENT (OR NON-ASSERTION) OF RIGHTS
Since the BNA Act, it has been Canadas policy to terminate or extinguish the rights of Indigenous peoples. A variety of national and international bodies have criticized this policy. Canadas more recent attempts to explain their non-assertion policy at the United Nations met with criticism from human rights experts who concluded that asking Indigenous people to agree to never assert their rights was tantamount to extinguishing those rights.
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SCROLL 11: UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES The Declaration was a global response to the lack of a comprehensive set of international standards on the rights of Indigenous peoples at the United Nations. Under development for more than 20 years, the Declaration is one of the most intensely debated and carefully scrutinized human rights instruments in U.N. history. Uniquely, the primary beneficiaries of the Declaration, Indigenous peoples themselves, have been an integral part of its development. BACKGROUND SCROLL 11 U.N. DRIP In 2007 the United Nations voted 144 - 4 to adopt the UN Declaration on the Rights of Indigenous Peoples. Eleven countries abstained. The Government of Canada opposed the Declaration, along with the United States, Australia and New Zealand. Canada cited concerns about the rights of non-Indigenous people, and the individual rights of Indigenous people. In 2008 over 100 constitutional and indigenous rights experts signed an open letter that characterized Canadas reasons for opposing the Declaration are misleading, erroneous and extraordinary. Canada finally endorsed the Declaration with qualifications - on November 12, 2010. Indigenous peoples welcomed the announcement, and stressed that now the real work of implementation begins!
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SCROLL A We ... by the authority of Almighty God ... give, grant, and assign to you and your heirs and successors, kings of Castile and Leon, forever, all islands and main lands found and to be found, discovered and to be discovered towards the west and south, ... from the Arctic pole ... to the Antarctic pole ... And we make, appoint, and depute you and your said heirs and successors lords of them with full and free power, authority, and jurisdiction of every kind. SCROLL B The Royal Proclamation of 1763 hereby confirms that Aboriginal nations have title to their lands, and that consensual treaty-making with the crown is the only way that land can be ceded from Aboriginal peoples.
SCROLL C
(Part 1) Now hear this! According to the Indian Act of 1876 and the British North America Act of 1867, you and all of your territories are now under the direct control of the Canadian federal government. You will now be placed on reserves. Please fold your blankets in half. (Part 2) You may not leave your reserve without a permit. You may not vote. You may not gather to discuss your rights. You may not practice your traditional spirituality or your traditional forms of government. To do any of these things is to face prosecution and imprisonment.
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SCROLL D Meanwhile, we continue to allow large companies to set up shop on Indigenous territories, generate huge profits from natural resources and often pollute and deplete the land, without regard to aboriginal or treaty rights, and without any benefits flowing to Indigenous peoples.
SCROLL E When the Declaration was adopted by the U.N., then Minister of Indian Affairs Chuck Strahl said it was his job to protect the rights of non-Indigenous people. The Government also implied that as an international human rights instrument for Indigenous peoples, the Declaration would threaten the rights of non- Indigenous peoples.
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INDIGENOUS PEOPLES IN CANADA STATISTICS

The average life expectancy for Indigenous people in Canada is 54 years. For non-Indigenous people its 72 years. The number of new housing units built on reserves is about half of whats needed, and the homes that are built are often of low quality. Indigenous people in Canada are 200 to 300 times more likely to share a room with another person than the overall Canadian population. Seventeen per cent of inmates in Canada are Indigenous, although Indigenous people make up only three per cent of the population. The Supreme Court has recently said this high rate of incarceration is unacceptable. Fifty-six per cent of the current Aboriginal population in Canada is below 25 years of age. Two- thirds of these are below 15 years old. Indigenous youth between 15 and 24 years of age are SIX TIMES more likely to commit suicide than non- Indigenous youth. This is the highest rate of suicide of any group of people IN THE WORLD. Five per cent of on-reserve housing is without adequate water supply and sewage disposal. About 10 per cent dont have electricity. Many reserves have only improved their water, electrical and sewage systems in the last ten years. Only 43 per cent of Indigenous people in Canada have full-time jobs. Many work at seasonal or part- time jobs. Aboriginal people are twice as likely to get kidney disease and half as likely to receive a kidney transplant as Canadians. The rate of diabetes is two to five times higher among the Aboriginal people, and increasing. The disability rate for Aboriginal adults is 30 per cent higher than the national average. Aboriginal women between the ages of 25 and 44 are five times more likely than other women in the same age bracket to die as a result of violence. Thirty-four per cent of Indigenous families live on less than $20,000 per year, twice as many families as in the overall Canadian population. In the last ten years, family incomes in Indigenous communities have dropped. This has increased the economic gap between Indigenous and nonIndigenous peoples. The Government of Canada and the United Nations have repeatedly identified the condition of First Nations, Inuit and Mtis peoples as Canadas most pressing human rights problem. According to the UN, Canada is consistently ranked one of the ten best places in the world to live. However, by the same measure, the living conditions of Indigenous peoples compares to those of nations ranked in the high 60s.
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THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES: SIMPLIFIED VERSION
Preamble The Preamble lists some of the reasons which led the United Nations to develop a declaration on indigenous peoples rights. The Declaration sets out the rights of indigenous peoples. The language of "peoples" is important. Indigenous peoples do not want to be treated simply as numerical populations. They want recognition of their rights as distinct peoples, including the right to self-determination and the right to control development of their societies: Racism: Rejection of the view that some peoples are better than others as racist and wrong. Colonisation: Recognition that indigenous peoples have been deprived of their human rights and freedoms and that this has led to their colonisation and the taking of their land. Respect: Recognition of the urgent need to respect the rights of indigenous peoples, particularly their rights to their land and resources. Indigenous Organizations: Recognition that indigenous peoples are getting together to end discrimination and oppression. Environment: Recognition that respect for indigenous peoples' knowledge can contribute to fair and lasting development and better management of the environment.
Part I: Fundamental Rights Article 1: Indigenous peoples have the right to all the human rights and freedoms recognised in international law. Article 2: Indigenous peoples are equal to all other peoples. They must be free from discrimination. Article 3: Indigenous peoples have the right of self-determination. This means they can choose their political status and the way they want to develop. Article 4: Indigenous peoples have the right to keep and develop their distinct characteristics and systems of law. They also have the right, if they want, to take part in the life of the rest of the country. Article 5: Every indigenous person has the right to be a citizen of a country.
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Part II: Life and Security Article 6: Indigenous peoples have the right to live in freedom, peace and security. They must be free from genocide and other acts of violence. Their children must not be removed from their families and cornmunities, for any reason at all. Article 7: Indigenous peoples shall be free from cultural genocide. Governments shall prevent:(a) actions which take away their distinct cultures and identities;(b) the taking of their land and resources;(c) their removal from their land;(d) measures of assimilation; (e) propaganda against them. Article 8: Indigenous peoples have the right to their distinct identities. This includes the right to identify themselves as indigenous. Article 9: Indigenous peoples have the right to belong to indigenous communities and nations, in accordance with their traditions and customs. Article 10: Indigenous peoples shall not be removed from their land by force. They shall not be relocated without their agreement. Where they agree, they should be given compensation and the possibility to return. Article 11: Indigenous peoples shall have protection in time of war. Governments shall respect international law and must not:(a) force indigenous people to enter the army, particularly if they have to fight against other indigenous people;(b) allow indigenous children to join the army;(c) force indigenous people to leave their land; (d) force indigenous people to work for the army under discriminatory conditions.
Part III: Culture, Religion and Language Article 12: Indigenous peoples have the right to their cultural traditions and customs. This includes aspects of their culture such as sacred sites, designs, ceremonies, technologies and performances. Their cultural property shall be returned to them, if it was taken without their permission. Article 13: Indigenous peoples have the right to their spiritual and religious traditions, their customs and their ceremonies. They have the right to their sacred sites, ceremonial objects and the remains of their ancestors. Governments shall assist indigenous peoples to preserve and protect their sacred places. Article 14: Indigenous peoples have the right to their histories, languages, oral traditions, stories, writings and their own names for people and places. Governments shall ensure that in courts and other proceedings indigenous peoples can understand and be understood through interpreters and other appropriate ways.
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Part IV: Education, Media and Employment Article 15: Indigenous children have the right to the same education as all other children. Indigenous peoples also have the right to their own schools and to provide education in their own languages. Indigenous children who do not live in indigenous communities shall be able to learn their own culture and language. Article 16: All forms of education and public information shall reflect the dignity and diversity of indigenous cultures, traditions and aspirations. In consultation with indigenous peoples, governments shall take measures to promote tolerance and good relations between indigenous and other peoples. Article 17: Indigenous peoples have the right to their own media in their languages. They shall also have equal access to non-indigenous media. Government-owned media must reflect indigenous culture. Article 18: Indigenous peoples have rights under international labour law and under national labour laws. Indigenous peoples must not be discriminated against in matters connected with employment.
Part V: Participation and Development Article 19: Indigenous peoples have the right to participate in decisions that affect them. They can choose their own representatives and use their own decision-making procedures. Article 20: Indigenous peoples have the right to participate in law and policy-making that affects them. Governments must obtain the consent of indigenous peoples before adopting these laws and policies. Article 21: Indigenous peoples have the right to their own economic and social systems and to pursue their own traditional and other economic activities. Where indigenous peoples have been deprived of means of subsistence, they are entitled to compensation. Article 22: Indigenous peoples have the right to special measures to improve their economic and social conditions. This includes in the areas of employment, education, housing, health and social security. Article 23: Indigenous peoples have the right to determine priorities and strategies for their development. They should determine health, housing and other economic and social programs and, as far as possible, deliver these programs through their own organizations. Article 24: Indigenous peoples have the right to their traditional medicines and health practices. The plants, animals and minerals used in medicines shall be protected. Indigenous peoples shall have access to all medical institutions and health services without discrimination.
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Part VI: Land and Resources ArticIe 25: Indigenous peoples have the right to keep and strengthen their distinctive spiritual relationship with their land and waters. Article 26: Indigenous peoples have the right to own and control the use of their land, waters and other resources. Indigenous 1aws and customs shall be recognized. Article 27: Indigenous peoples have the right to return of land and resources taken without their consent. Where this is not possible, they shall receive just compensation in the form of land and resources. Article 28: Indigenous peoples shall receive assistance in order to restore and protect the environment of their land and resources. Army activities shall not take place on the land of indigenous peoples without their consent. Hazardous material shall not be stored or disposed of on the land of indigenous peoples. Governments shall take measures to assist indigenous peoples whose health has been affected by such material. Article 29: Indigenous peoples have the right to own and control their cultural and intellectual property. They have the right to special measures to control and develop their sciences, technologies, seeds, medicines, knowledge of flora and fauna, oral traditions, designs, art and performances. Article 30: Indigenous peoples have the right to determine strategies for the development of their land and resources. Governments must obtain the consent of indigenous peoples before giving approval to activities affecting their land and resources, particularly the development of mineral, water and other resources. Just compensation must be paid for such activities.
Part VII: Self-government and Indigenous Laws Article 31: As a form of self-determination, indigenous peoples have the right to selfgovernment in relation to their own affairs. These include culture, religion, education, media, health, housing, employment, social security, economic activities, land and resources management, environment and entry by non-members. Article 32: Indigenous peoples have the right to determine who are their own citizens. They have the right to decide upon the structures and membership of their organizations. Article 33: Indigenous peoples have the right to their own legal customs and traditions, as long as they accord with international human rights law. Article 34: Indigenous peoples can decide the responsibilities of individuals to their communities.
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Article 35: Indigenous peoples separated by international borders have the right to maintain relations and undertake activities with one another. Article 36: Governments shall respect treaties and agreements entered into with indigenous peoples. Disputes should be resolved by international bodies.
Part VIII: Implementation Article 37: In consultation with indigenous peoples, governments shall take measures to give effect to this Declaration. This includes making the rights recognized in the Declaration into national law so that they can be enforced by indigenous peoples. Article 38: Indigenous peoples have the right to financial and other assistance from governments and international organizations in order to exercise the rights recognized in this Declaration. Article 39: Governments shall establish fair procedures for resolution of disputes with indigenous peoples. These procedures must take account of indigenous customs and traditions. Article 40: The United Nations and other international organizations shall provide financial and other assistance in order to give effect to the rights recognized in this Declaration. Article 41: The United Nations shall create a special international body in order to give effect to this Declaration. Indigenous peoples shall participate directly in this body.
Part IX: Understanding the Declaration Article 42: This Declaration contains only minimum standards for indigenous peoples. Article 43: The rights recognized in this Declaration apply equally to indigenous men and women. Article 44: Nothing in this Declaration affects other rights indigenous peoples presently hold or may get in the future. Article 45: Nothing in this Declaration allows any action against the Charter of the United Nations.
~prepared by the Aboriginal and Torres Strait Islander Commission, Canberra, Australia~
http://www.gcc.ca/archive/article.php?id=70
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CASE STUDY
INDIGENOUS PEOPLES PROPERTY RIGHTS

CASE STUDY: THE NISGAA LANDHOLDING TRANSITION ACT
SUMMARY A northwestern B.C. First Nation has approved a revolutionary land reform deal, making it the first in Canada to approve private property rights. After years of discussion and debate, the Nisga'a Lisims government quietly passed the Nisga'a Landholding Transition Act. The move meant that in 2010, Nisga'a citizens had the chance to own their own homes on what used to be collectively owned native land in B.C.'s Nass River Valley, north of Terrace. The bill passed third reading in the Wilp Si'ayuukhl Nisga'a, the legislative body of Nisga'a Lisims government, at its October 2009 sitting. CONTEXT A significant factor that explains indigenous poverty is the lack of enforceable property rights on First Nations reserves. Canadas Indian Act of 1876 recognizes the unique land ownership systems of its indigenous peoples. While the act preserved a scarce land base for First Nations inhabitants, it locked these communities out of the modern economy by denying them access to commercial credit. The Indian Act states that the Crown (federal and provincial governments) holds title in trust and benefit to reserve lands, which are under federal jurisdiction under Canadas Constitution for Indians. Leasing arrangements on reserve lands exist, but these do not generate as much value as fully transferable property rights. Observers long recognized that the Indian Act land system reduced land values and promoted low value land use. Peruvian economist Hernando de Soto said Canadas indigenous people face a problem common to many developing countries: the indigenous people possess land, but it is dead capital, meaning it cannot be leveraged in the wider economy. LANDHOLDING T RANSITION ACT The Nisgaa Nation is an indigenous community in rural northwest British Columbia. There are reportedly 6,400 Nisgaa citizens, although a small proportion of that number lives on Nisgaa territory. Nisgaa Nation consists of four villages, which are regional governments, and a central government named Nisgaa Lisims Government (NLG) that is based in the community of New Aiyansh. Unlike much of Canada, most of British Columbia did not sign historic treaties. As a result, the Nisgaa sought a negotiated settlement over land and governance for over 100 years. The
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CASE STUDY
Nisgaa, the federal government, and British Columbia signed the Nisgaa Final Agreement in 1999. The Nisgaa are signatories to a modern treaty, Nisgaa Treaty, that came into effect in 2000. WHATS HAPPENING ? Nisgaa Nation made history when, in a voluntary move, it passed a law granting property rights to its members. Nisgaa citizens who obtain fee simple title to their residential property under the law will be able to mortgage their property as security for a loan. They also may transfer, bequeath, lease, or sell their property to any person, whether they be Nisgaa or not, or even indigenous or not. In October 2009, the Wilp Siayuukhl Nisgaa (WSN), the legislative body of NLG, passed the Nisgaa Landholding Transition Act. The NLG dealt with concerns about the potential erosion of the Nisgaa land base by including an important caveat. Although Nisgaa citizens who obtain fee simple title to their property under the act will be able to transfer their property to any person, the property will always remain part of the Nisgaa Lands and be subject to Nisgaa laws under the Nisgaa Final Agreement. This means fee simple holders will be subject to zoning and land-use regulations adopted by Nisgaa governments. Although the Nisgaa government shows interest in future expansion into commercial property, at the moment the legislation only applies to residential properties. The move is not as radical as some claim and is in fact quite limited. Fee simple ownership only applies to residential properties. The lands affected are lots within Nisgaa villages zoned for residential use and are less than 0.2 hectare (approximately half an acre) in size. The total amount of land affected is approximately 100 hectares, or .05 percent of Nisgaa Lands. The legislation recognizes two means of obtaining fee simple. The first is a Nisgaa village entitlement to a lot for a citizen at no charge. This meant if the lot qualified did not have a mortgage, met size requirements, and was residential the entitlement holder could accept or decline the offer. The second method is for an entitlement holder to request a lot. The village is required reasonably to consider the request, and appeals are available if the request is denied. IMPLICATIONS As a result of the Nisgaa move, other Canadian First Nation communities are engaging in a substantive discussion about property rights for their own reserves. Manny Jules, an indigenous leader from British Columbia, has engaged other native communities in a discussion about a First Nations Property Ownership Act, which the Nisgaa move inspired. This proposed voluntary legislation would allow participating Indian bands to opt-into a legislative regime in which land title could be transferred from the Crown to a willing First Nation government, which could then choose to transfer that land to individuals. While some indigenous scholars and activists have directed intense criticism toward the Nisgaa move, other First Nations bands are monitoring the change. The Assembly of First Nations (AFN), the body purporting to represent on-reserve Indians, has been cool towards the idea, not expressing a clear opinion on the matter. At a conference on the topic of Aboriginal property rights held in Vancouver, British Columbia in October 2010, several First Nations bands expressed an interest in opting into the First Nations Property Ownership Act.
Study conducted by Kyle A. Jackson, 2010 Hernando de Soto Fellow
93
DEMOCRACY
ACTIVITY
DEMOCRACY IN CANADA
ACTIVITY
OBJECTIVE Non-governmental organizations contribute to the development of civil society which, in turn, is an essential element in a democracy. The idea of civil society proceeds from the view that community building is best done with grass-roots participation and that only the people themselves in their small groups -- households, firms, religious communities, organized citizens can best articulate and work for their economic, political, social, cultural and spiritual aspirations. NGOs can assist such organizing, and thus supply foundations for a durable democracy, as is increasingly the case in emerging and re-emerging democracies. Such groups do not pursue power as political parties do, but they do take on functions sometimes perceived as government domain and concern themselves with a wide array of issues: housing, health, labour, the environment, the urban poor, land reform, rural poverty, etc. In this activity, participants will: Appreciate that the development of democracy will be the work of many agents Observe that the right to participate in organizations is a human right and is constitutionally guaranteed in modern constitutional democracies Determine the definition of democracy and the state of democracy in Canada
MATERIALS Case Study: Democracy in Canada
PROCEDURES
Facilitator Backgrounder: Defining Democracy Give the following definition of democracy to the group: According to Democracy Watch, democracy can be defined as: A society in which citizens (adults) have easily accessible, meaningful, and effective ways:
To participate in the decision-making processes of every organization that makes decisions or takes actions that affect them, and; To hold other individuals, and those in these organizations who are responsible for making decisions and taking actions, fully accountable if their decisions or actions violate fundamental human rights, or are dishonest, unethical, unfair, secretive, inefficient, unrepresentative, unresponsive or irresponsible; So that all organizations in the society are citizen-owned, citizen-controlled, and citizendriven, and all individuals and organizations are held accountable for wrongdoing.
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DEMOCRACY
ACTIVITY
1. Ask participants, as a large group, to brainstorm the following question: What is democracy? Record ideas on a flip chart. 2. Ask for participants responses to this definition. Do you agree? Do you think anything is missing? 3. Divide participants into small groups. In small groups, ask participants to discuss the following questions. You can offer questions one at a time, giving a few minutes to discuss each. What do you think is the state of democracy in Canada? How do you feel the voter turnout in Canada reflects the state of democracy in Canada? Is voter turnout in elections a clear indicator for democracy? What is your opinion of the Occupy Movement that began in 2011? How does the Occupy Movement and its outcomes relate to democracy? How do you feel the current federal government and its decisions relate to democracy?
4. Ask participants to remain in their small groups and hand out the case study: Democracy in Canada. Ask participants to read the case study. 5. In small groups, ask participants to discuss the following question: Is Canada a democracy? 6. Ask each group to debrief their small group discussion to the large group.
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DEMOCRACY
CASE STUDY
DEMOCRACY IN CANADA
CASE STUDY: A MADE IN CANADA PEACE MOVEMENT
SUMMARY A 1981 solidarity tour to Nicaragua by unionists, fisherman, church and community activists from the Lower Mainland of British Columbia catalyzed the birth of Tools for Peace. Hundreds of individuals, solidarity groups, union, community, church, and womens organizations, as well as non-governmental agencies and institutions from across Canada were galvanized into action. The very practical nature of collecting and organizing material aid acted as a glue to hold together a veritable sea of personalities, political agendas and regional tensions, without which the campaign would almost certainly have foundered.
CONTEXT In July 1979, a dynamic grass roots movement emerged in Canada in support of the Nicaraguan people. Out of this solidarity movement evolved a nation-wide campaign called Tools for Peace. At its height, Tools for Peace involved 126 committees located throughout Canada, from St. Johns to Victoria. Its mobilization of $12 million in people-to-people aid effectively challenged the Canadian government to assume an independent foreign policy stance towards Nicaragua at a time when Ronald Reagan, the President of the United States, was applying pressure on all western nations to support its war against Communism in Nicaragua.
TOOLS FOR PEACE Throughout the 1980s, Tools for Peaces annual collection of material aid became a rallying point for thousands of Canadians from all walks of life who wanted to support the Nicaraguan people, and express their opposition to the U.S.s economic blockade and military intervention. The event that catalyzed the birth of Tools for Peace was the 1981 solidarity tour to Nicaragua by unionists, fishermen, church and community activists from the Lower Mainland of British Columbia. While in Nicaragua, tour members were deeply moved by the desperate situation of the Nicaraguan people. The energetic educational work carried out by the tour members after they returned home resulted in the collection of $25,000 aid in the form of tools for peace: fishing equipment, carpentry tools, saws, hammers, agricultural tools, day care supplies and other basic equipment
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DEMOCRACY
CASE STUDY
which was sent to Nicaragua in the fall of 1981 aboard a ship, the Monimbo. When activists from other parts of B.C. heard about the shipment, they immediately set about collecting another $70,000 in aid. For the next ten years, increasingly large quantities of aid were raised in towns and cities across Canada, then sent by truck and rail to Vancouver, and shipped to the port of Corinto in Nicaragua. By 1985, $3 million dollars in aid had been collected and the number of Tools for Peace committees had grown to sixty. The movement became an effective lever for pressuring the Canadian government to provide more generous development aid to Nicaragua and to more energetically apply its diplomatic influence to end U.S. intervention. One factor that strengthened the campaign, at a time when many felt alienated by the politics of the Left, was the openness of Tools for Peace to anyone who wished to participate. Tools for Peace had a task for everyone. And it welcomed anyone who wanted to do something for the Nicaraguan people. Its richness as an experiment in solidarity came not from any central point of control, but rather from its varied manifestations as expressed by each committee, each community and each region. Beyond the campaigns nationally-set political goals and the basic infrastructure required to run a national campaign, Tools for Peaces activities were, for the most part, defined at the local level, by local people. People set aside their differences in order to attend to the endless tasks of gathering medical supplies, building wooden crates, distributing posters, finding warehousing, preparing packing slips, arranging trucking, soliciting union support, organizing music concerts, writing letters of thanks, translating labels and preparing bills of lading. The defeat of the Sandinistas in the 1990 Nicaraguan elections came as a major blow to Tools for Peace and its volunteers gradually shifted their focus to other peace and social justice causes. The national offices of Tools for Peace in Vancouver and Toronto closed in 1991 followed by the Managua office in 1992.
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JOHN HUMPHREY CENTRE FOR PEACE AND HUMAN RIGHTS
THE JOHN HUMPHREY CENTRE FOR PEACE AND HUMAN RIGHTS

Named for John Peters Humphrey, the principle drafter of the United Nations Universal Declaration of Human Rights, the John Humphrey Centre (JHC) was created based on the belief that the struggle for human rights is never conclusively won, and therefore requires continuous reinforcement of these rights. The goal of the JHC is to see the universal implementation of human rights through teaching and education of all people, focusing specifically on children and youth. Using the Universal Declaration of Human Rights as a framework, the Centre seeks for universal recognition, understanding, promotion and protection of human rights, essential to maintaining and advancing peace, ultimately for the purpose of creating an everlasting culture of peace and human rights.
OUR VISION
A world that manifests a culture of peace and human rights in which the dignity of every person is respected, valued and celebrated.
OUR MISSION
The John Humphrey Centre for Peace and Human Rights advances a culture of peace and human rights through educational programs and activities, community collaboration and relationship building guided by the principles of the Universal Declaration of Human Rights.
OUR WORK The John Humphrey Centre is dedicated to programming that fosters a sense of dignity, responsibility and justice. We have undertaken projects in partnership with organizations throughout Edmonton and Alberta that have worked to build communities where everyone belongs and lives in dignity.
One of our key areas of work has been to bring youth to new levels of engagement and awareness about their role in the world. We are known projects such as the Ignite Change Now! Global Youth Assembly, our educational resources and our youth leadership programs. The Youth Guide to the Canadian Charter of Rights and Freedoms, supplemented by the Youth Guide to the Universal Declaration of Human Rights, is one of the leading Grade 7 social studies resources across the country. Youth as far away as Rwanda have garnered the confidence and skills to implement projects in their home communities and even return to Canada to share their experiences. Youth in Edmonton have learned about the issues we care about here at home and the incredible organizations and people that work tirelessly to build their community out of passion and pride. We have also lead Edmonton in becoming the first Human Rights City in North America as part of an international movement initiated by PDHRE, The Peoples Movement for Human Rights Learning. The Rights in the Sun human rights education program is one of the signature initiatives of the John Humphrey Centre. As a long-standing program, Rights in the Sun has reached nearly 40,000 children in Alberta and is a legacy of the international conference Universal Rights and Human Values: A Blueprint for Peace, Justice and Freedom held in commemoration of the 50th Anniversary of the Universal Declaration of Human Rights in 1998. This conference brought leaders together to reflect on the values and principles of the Universal Declaration and was attended by over 700 delegates representing 32 countries including the Most Reverend Desmond M. Tutu, Archbishop
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JOHN HUMPHREY CENTRE FOR PEACE AND HUMAN RIGHTS
Emeritus and Nobel Laureate, Her Excellency Mary Robinson, United Nations High Commissioner for Human Rights, The Right Honourable Antonio Lamer, Chief Justice of Canada and of the Supreme Court of Canada, and Francine Fournier, Assistant Director General of UNESCO. The population we work with is large and diverse. Our international work outreaches to youth, especially those in developing countries, who are leaders of their communities and have experience and expertise to share. The Global Youth Assemblies have brought young leaders from more than 30 countries to Edmonton. Locally, we work with the community-at-large, but also target outreach to marginalized groups, for example the LGBT community, newcomers to Canada, and Aboriginal peoples. As we continue to develop strong relationships with schools and other youth serving organizations, teachers and youth workers are also connecting us to youth living in care or experiencing disability two other critically underserved populations. For more information on our work, our upcoming programs, or to access our resources, please find us online, like us on Facebook, and follow us on twitter (@jhcentre): www.jhcentre.org www.youthassembly.ca www.circlealberta.ning.ca
2nd Floor, 10575 114 Street Edmonton, Alberta T5H 3J6 780.453.2638 info@jhcentre.org
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INTRODUCTION

John Humphrey Centre Human Rights Facilitator Training Program

John Humphrey Centre Human Rights Facilitator Training Manual

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

NEEDS, RIGHTS AND HUMAN DIGNITY

John Humphrey Centre Human Rights Facilitator Training Manual

NEEDS, RIGHTS AND HUMAN DIGNITY

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

John Humphrey Centre Human Rights Facilitator Training Manual

NEEDS, RIGHTS AND HUMAN DIGNITY

UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) PREAMBLE

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

A SIMPLIFIED VERSION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

John Humphrey Centre Human Rights Facilitator Training Manual

NEEDS, RIGHTS AND HUMAN DIGNITY

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

John Humphrey Centre Human Rights Facilitator Training Manual

NEEDS, RIGHTS AND HUMAN DIGNITY

~ United Nations Cyber School Bus ~

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

NEEDS, RIGHTS AND HUMAN DIGNITY

THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

WHAT IS THE PURPOSE OF THE CHARTER ?

John Humphrey Centre Human Rights Facilitator Training Manual

NEEDS, RIGHTS AND HUMAN DIGNITY

WHAT DOES THE CHARTER GUARANTEE ?

H OW DOES THE CHARTER PROTECT ME AGAINST DISCRIMINATION?

John Humphrey Centre Human Rights Facilitator Training Program

NEEDS, RIGHTS AND HUMAN DIGNITY

H UMAN RIGHTS COMMISSIONS

~ United Nations Association in Canada ~

John Humphrey Centre Human Rights Facilitator Training Manual

RIGHTS AND RESPONSIBILITIES

RIGHTS AND RESPONSIBILITIES IN CANADA

MATERIALS Case Study: Rights and Responsibilities

John Humphrey Centre Human Rights Facilitator Training Program

RIGHTS AND RESPONSIBILITIES

John Humphrey Centre Human Rights Facilitator Training Manual

RIGHTS AND RESPONSIBILITIES

RIGHTS AND RESPONSIBILITIES IN CANADA

John Humphrey Centre Human Rights Facilitator Training Program

RIGHTS AND RESPONSIBILITIES

John Humphrey Centre Human Rights Facilitator Training Manual

LAWS AND PROTECTION

LAWS AND PROTECTION IN CANADA

John Humphrey Centre Human Rights Facilitator Training Program

RIGHTS AND RESPONSIBILITIES

John Humphrey Centre Human Rights Facilitator Training Manual

LAWS AND PROTECTION

LAWS AND PROTECTION IN CANADA

John Humphrey Centre Human Rights Facilitator Training Program

RIGHTS AND RESPONSIBILITIES

John Humphrey Centre Human Rights Facilitator Training Manual

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

UDHR ARTICLE 9: FREEDOM FROM ARBITRARY ARREST

John Humphrey Centre Human Rights Facilitator Training Program

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

John Humphrey Centre Human Rights Facilitator Training Manual