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Sarah Aylesworth, Mindy Nevison and Miranda Turenne

Charter Conflict in the Real World  

 

Task: Students will take on the role of political scientists, or social activists to consider the question, “Is the Charter capable of protecting each Canadian’s rights and freedoms equally?”  In groups of two, students will choose a controversial topic where two elements of the Charter are in tension. They will then prepare a position paper with a solid thesis, which takes up the essential question, “In what ways might the decisions made on charter cases, where two aspects of the Charter come into conflict, affect the lives of everyday Canadians?” (For example: freedom of religion vs. individual rights, doctor assisted suicide and treaty rights). This paper will be based around a controversial topic of their choice, and will be expected to address the issue and its impact on individuals and Canadian society.  Following this, students will design a poster to present their position at a ‘conference’ style presentation to their peers and other invitees (public, high school legal studies students, etc.) in which they will present their topic, findings, and position in a powerful way.

Lesson Sequence

 

Stage One:

HOOK: Students arrive in class, and teacher shares with them that their principal is planning on conducting a locker, bag, and person search tomorrow.  As a social studies teacher, you feel compelled to discuss this with your students and get their opinions beforehand.  Lead a discussion on how they feel about this - when they bring up rights, ask them to consider whether this search might be violating their rights and how do they know? Teacher plays the other side of the argument - it is for the overall safety of the school in the event of drug dealing and bomb threats, etc.  Reveal that this is not actually happening, but will show a news clip of it happening elsewhere. In this way, the students will show what they already know about the topic and hopefully make them feel passionate about the Charter and its personal implications. From here the teacher will be able to switch toward a direct instruction approach on the Charter, bringing in the rationale for these laws and their many implications.

 

News clip: “Why school strip searches for drugs are legally troubling - Quebec teen recently strip searched by school officials on suspicion of selling drugs”

http://www.cbc.ca/news/canada/why-school-strip-searches-for-drugs-are-legally-troubling-1.2961468

 

Constitutional Documents - Justice Laws Website - “Canadian Charter of Rights and Freedoms” http://laws-lois.justice.gc.ca/eng/Const/Const_index.html

 

“As teens learn their rights, they’re defending them—and winning”

This article goes into depth about how different complainants have used the Charter to support what they view to be their rights. Teacher can go over aspects of the article with students.  http://www.macleans.ca/society/life/as-teens-learn-their-rights-theyre-defending-them-and-winning/

 

Stage Two: The teacher will then go over the meaning and purpose of the Charter with the whole class in a lecture format. To conclude stage one the teacher will go over all cases briefly making charter connections. The introductory case involves controversy over a recent strip search of  a student that took place at a Quebec high school.  In the past, unlawful searches of student property have been appealed to the supreme court, and found to violate Charter rights (R. v. M.R.M., [1998]).  During this portion students will be asked to demonstrate their understanding by filling out a worksheet where they complete their “charter of me” declaration, the teacher may choose to model an example answer “I have the right to/ I have the freedom to…” in front of the class. This worksheet can be used as a starting point for a Think/Pair/Share activity, and can be taken in so that the teacher may gather feedback about individual student’s understandings of rights and freedoms. The type of feedback is based of off the preference of the instructor and their time. It could be oral or written.

 

Students will individually fill in this worksheet from the parliament of Canada website where students fill in their rights and freedoms:

“Charter of Me” Handout:

http://www.parl.gc.ca/about/parliament/education/ourcountryourparliament/TeacherGuide/pdfs/handout-act05a-e.pdf

 

Students will come together in groups and fill in these two worksheets from the parliament of Canada website, in which they come up with a group charter after comparing and contrasting what they included in their individual charters: 

 

 This handout could be used, questions could be left as-is or modified if necessary:

 

More possible resources to go over with students:

 

Stage Three: Teacher will explain that academics often feature their research at a conference, and that is what the class will be doing.  They will be expected to write a position paper to develop their thoughts on the controversial topic of their choice, and which will take up the question,  “In what ways might the decisions made on Charter cases, where two aspects of the Charter come into conflict, affect the lives of everyday Canadians? (For example: freedom of religion vs. individual rights, doctor assisted suicide and treaty rights.) They will be asked to use relevant evidence to support their thesis, and explore each of the opposing perspectives. The final task of this unit will ask the students to synthesize their position on the topic in the form of a poster, which they present at a public ‘conference’.

 

After the learning activity has been introduced, briefly introduce the possible topics that we have provided below. Have the students break into groups of two based on interest, and sign up for one of the recent case that conflicts with the Charter. Groups may propose their own topic with approval from teacher. Ideally there will be no more than two groups doing each topic, therefore, they must understand that each issue is important even if another group chooses the one they wanted to do. Groups will then look further into the issues as well as address both sides of the argument in order to “negate opposing arguments”.  

 

Possible topics:

  • Individual vs Religious rights: Should people who do not want to live have the right to die with the help of a physician?

Read the newspaper articles,

 “Supreme Court of Canada Strikes Down Ban on Doctor-Assisted Suicide” :

  • Last Right: Assisted Suicide in Canada. Watch documentary that covers the different sides of the issue in a Canadian context. 

                Read the articles:

     

    • Freedom of religion vs individual rights: Should the right to GSAs in school be protected?

                Read the following articles:

    http://www.ismss.ualberta.ca/sites/www.ismss.ualberta.ca/files/GayStraightAlliancesinAlbertaSchoolsWells2006.pdf

    • Treaty rights vs. individual rights: To what extent should individuals be able deny treatment for a possibly curable illness?

    Read the following articles:

        Read the following articles:

     

    Stage Four: Using excellent and poor exemplars, the teacher will develop a rubric for the upcoming paper with class input. Categories to be considered should include required elements of the State, Explain, Support (SES) format for creating a thesis, clarity of expression, use of evidence, etc.  Knowing these requirements will prepare students to research their topic purposefully. Time has been set aside later in the lesson to scaffold position paper writing.

     

    Stage Five:  This will be a research period, either in the computer lab or with laptops in the classroom. The teacher will scaffold research techniques and how to find/assess reliable sources.  Students will need to consider whether articles and websites are based on evidence, whether they are peer-reviewed, what is the author's bias, etc.  Before the class starts researching the teacher will go over what a reliable site and what is not. Teacher will go over why the sources s/he has provided in stage three are good. This includes explaining that the links provided come from a reputable news organization, they show both sides of the story, and they provide detailed information about the case.  Students will be researching the topics with the sources listed in stage three as a starting point.  The intention is to develop and support a thesis that answers the essential question.

     

    Teacher goes over this slide with the students about how to find credible sources online. 

    “I Found It on the Internet”

    http://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CDUQFjAE&url=http%3A%2F%2Fjerz.setonhill.edu%2Fwriting%2Facademic%2FFoundIt%2Findex.ppt&ei=Y0gIVcnhOonWoASQ6IHoBw&usg=AFQjCNH9vivY_0erO5_jnyxOZEr7F-IIcA

     

    Stage Six:  Can continue researching, but also begin developing their thesis and putting it into words.  At the beginning of class, the teacher will show examples of a good thesis by explaining what makes a good thesis and how to write one. The teacher will go over the thesis provided by website below and the thesis tips that the website provides. A good thesis will answer the essential question, have a clear position stated and informs the reader about the intent of the paper.  The webpage provides both good and bad thesis. The teacher can ask the class to evaluate a good and bad thesis using the criteria. Students will then use their research to write a thesis that takes a strong position on their topic. They must get it approved by the teacher before moving on to the rest of their paper.

     

    The webpage “Thesis Statements” provides tips for writing a thesis:

    http://writingcenter.unc.edu/handouts/thesis-statements/

     

    Stage Seven: From here they will write a position paper to support their thesis.  This paper can be quite short, two pages to support their argument.  This will be a good time to instruct students on the proper structure of the paper (intro, thesis, body, and conclusion) and use of evidence.

    Discuss the fact that many conferences require that each participant submit a position paper—an essay detailing the group’s thoughts on the charter cases being discussed. Writing a position paper will help students organize their ideas so that they can share their group’s position with the rest of their peers and other attendees of the event. Suggest that conducting extensive research, should help make their position paper easy to write, and will allow them to better understand both sides of the argument, so that they may be sure about the defensibility of their position. Their position paper should include a brief introduction followed by a comprehensive breakdown of the group’s position on the charter case that they have chosen. A good position paper will not only provide facts but also make proposals for resolutions.  Go over the position paper outline as a class, this will give students an opportunity to ask questions, and uses the paper planning template at the bottom of the document to work on a case study as a class.

     

    After their paper outline has been worked through, the teacher provide a time for the groups to fill out their template and ask them to hand it in for formative feedback. Feedback could be oral or written based on what the instructor thinks will be most beneficial and time allows.

     

    “Position Paper Outline,”

    http://www.docstoc.com/docs/81288585/Position-Paper-Outline---Calgary

     

    Stage eight: Teacher shows example poster to students. Go over what makes up a good poster. This includes making sure students connect to the real world artists. Teacher goes over colour, foreground and background, possibly bringing art expertise in order the help develop a better understanding of design and composition. Have them critique examples in order to apply what they have learned go over poster examples as a class.  When they are done students will brainstorm ideas for presenting their papers in a visual way.

     

    Go over the web page with the students

    “13 Tips To Follow For Effective Poster Designing”, http://demortalz.com/2013/02/11/13-tips-for-designing-an-effective-poster/

     

    Poster of the Charter:

    The poster produced by the Canadian government is a poor example.  There is too much text, not eye catching, lack of colour: http://resource.rockyview.ab.ca/t4t/ss302/images/m2/ss30_2_m2_035_opt.jpeg 

     

    Poster for Cinderella (2015) movie:

    Good example, important information is covered: the title, the actors, date it opens and who made the movie. The colors are bright and the image draws the audience in. 

    https://s-media-cache-ak0.pinimg.com/236x/00/50/9f/00509f5dad324e0f8a8ca46701fbcbc1.jpg

     

    Fight Club Poster:

     an example of a poor poster that has content that does not portray the plot of the movie effectively. “Now, soap is a key element of the movie's plot (they use it to make explosions), but it's only mentioned in a handful of scenes, so it's weird that it's been given more promotional importance than, say, the ubiquitous cups of coffee, or Helena Bonham Carter. Also, once again, they use it to make explosions. There's another thing they could have used in the posters instead, right there.” http://www.cracked.com/blog/8-classic-movies-with-shitty-posters/

    http://www.imdb.com/media/rm414231552/tt0137523?ref_=tt_ov_i

     

    Indiana Jones- Raiders of the Lost Ark:

    The Raiders trilogy harked back to a time when men were real men, women were real women, and swarthy racial stereotypes were real swarthy racial stereotypes. This comic-book style poster design by Richard Amsel is a young boy's dream - full of swashbuckling adventure, foreign devils and a splash of romance. http://www.creativebloq.com/movies/iconic-movie-posters-712378

    http://www.imdb.com/media/rm1718654464/tt0082971?ref_=ttmd_md_nxt

     

    Stage Nine: After poster examples and rubric have been discussed, and students have developed a strong understanding of visual design, the group will be asked to create a design plan and rationale that will be submitted to the teacher for feedback, before being given the go ahead to proceed with their design. The type of feedback is based of off the preference of the instructor and their time. It could be oral or written.  Work periods and access to resources will be given.

     

    Stage Ten: As a class go over what students feel are important questions that might be asked during the conference, think about questions like, ‘why they chose the position they did,’ and the ‘potential impact of this case’. Create a list of questions together and have students reflect on and write down their answer/make statements about the poster, and make speaking points on cue cards. This stage may be combined with a in class work period, rather than as a stand alone lesson. It could also be a good opportunity to open up the class to a discussion on individual groups topics, and having a large class discussion about Charter rights as a whole.

     

    Stage Eleven - EVENT: Students display work to fellow grade nine classmates. Have a poster fair/conference in the learning commons. The teacher invites highs school legal studies students to come and talk to the students as well as parents.  Students present their posters based on their point cards but also field ad hoc questions.

     

    Stage Twelve: During the next class review completed project. Ask students the moving forward questions: How would you change the Charter if you had known the conflict you studied would arise?  Did the Charter make any difference in your case? Students will fill out a reflection  in which they identify what they learned, two ways they contributed to their group work and one way they wish they could have improved as well as reflect on if their final product meet their own expectations and why or why not.

     

    Curricular Outcomes Addressed by This Lesson

    Big Idea: The Canadian Government states, “in some respects, (the Charter) Canada's most important law because it can render invalid or inoperative any laws that are inconsistent with its provisions. For more than 25 years, the Charter has been the driving force of change, progress and the affirmation of our society's values.” It is important to understand their rights, who the are protected and what they can do. http://www.pch.gc.ca/eng/1355260548180/1355260638531

     

    Skills and Processes Addressed By This Inquiry: 

     

    9.S.1 Develop skills of critical thinking and creative thinking:

    • determine the validity of information based on context, bias, source, objectivity, evidence or

    • reliability to broaden understanding of a topic or an issue

    • evaluate, critically, ideas, information and positions from multiple perspectives

    • demonstrate the ability to analyze current affairs from multiple perspectives

    • re-evaluate personal opinions to broaden understanding of a topic or an issue

    • generate creative ideas and strategies in individual and group activities

      • access diverse viewpoints on particular topics by using appropriate technologies

      • assemble and organize different viewpoints in order to assess their validity

    9.S.7 Apply the research process:

    • reflect on changes of perspective or opinion based on information gathered and research conducted

    • integrate and synthesize concepts to provide an informed point of view on a research question or an issue

    • develop a position supported by information gathered during research

    • draw conclusions based upon research and evidence

    • determine how information serves a variety of purposes and that the accuracy or relevance may need verification

    • organize and synthesize researched information

    • formulate new questions as research progresses

    • practise responsible and ethical use of information and technology

    • include and organize references as part of research

    9.S.8 Demonstrate skills of oral, written and visual literacy:

    • communicate in a persuasive and engaging manner through speeches, multimedia

    • presentations and written and oral reports, taking particular audiences and purposes into

    • < >

      use skills of informal debate to persuasively express differing viewpoints regarding an issue

    • elicit, clarify and respond appropriately to questions, ideas and diverse points of view

    • presented in discussions

    • make reasoned comments relating to the topic of discussion

    • listen to others to understand their perspectives

    9.S.4. Demonstrate skills of decision making and problem solving:

    • take appropriate action and initiative when required in decision-making and problem-solving scenarios

    • participate in and predict outcomes of problem-solving and decision-making scenarios

    • propose and apply strategies or options to solve problems and deal with issues

    • propose and apply new ideas and strategies, supported with facts and reasons, to contribute to

    • problem solving and decision making

      • articulate clearly a plan of action to use technology to solve a problem

      • identify the appropriate materials and tools to use in order to accomplish a plan of action

      • evaluate choices and the progress in problem solving, then redefine the plan of action as appropriate

     

    Knowledge and  Understandings Addressed By This Inquiry:   

     

    9.1.6 Assess, critically, the impact of the Canadian Charter of Rights and Freedoms on the

    legislative process in Canada by exploring and reflecting upon the following questions and

    issues:

    • In what ways has the Canadian Charter of Rights and Freedoms fostered recognition of individual rights in Canada? (PADM, I)

    • How does the Canadian Charter of Rights and Freedoms support individuals in exercising

    • their rights? (PADM, C, I)

    • What is the relationship between the rights guaranteed in the Canadian Charter of Rights and Freedoms and the responsibilities of Canadian citizens? (PADM, C)

    9.1.7 Assess, critically, how the increased demand for recognition of collective rights has

    impacted the legislative process in Canada by exploring and reflecting upon the following

    questions and issues:

    • In what ways has the Canadian Charter of Rights and Freedoms fostered recognition of collective rights in Canada? (PADM, I)

    • In what ways does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in minority settings? (I, PADM)

    • To what extent does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in Québec? (PADM, I, C)

    • To what extent should federal and provincial governments support and promote the rights of official language minorities in Canada? (PADM, I, C)

     

    Values and Ideas Addressed By This Inquiry: 

     

    9.1.1 Appreciate the impact of the Canadian Charter of Rights and Freedoms on rights and

    governance in Canada (C, I, PADM)

    • < >

      Anglophone vs. Francophone preservatives: Should we be forced to learn French?To what extent are minority languages protected?

  • “Andrew Coyne: Supreme Court Euthanasia Ruling Marks the Death of Judicial Restraint,”

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