194. CCA Study Notes: Abuse, Client Rights, and the Canadian Charter of Rights and Freedoms

The Big Picture

Abuse happens when someone deliberately causes physical or mental harm to another person. Abuse involves a relationship where the person causing harm has power and control over the person being harmed.

Every person has the right to safe, respectful treatment. A support worker must know how to recognize and report suspected abuse.

The Canadian Charter of Rights and Freedoms protects basic rights and freedoms in Canada. It covers areas such as equality, legal rights, movement within Canada, language, and freedom of belief and expression.

Look for Nova Scotia CCA Notes throughout this page for current provincial guidance.

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Course Notes: Key Ideas You Need to Know

What Abuse Means

Abuse is deliberate physical or mental harm caused by another person or persons.

Abuse differs from a random act of violence. Abuse involves a relationship between the person causing harm and the person being harmed. The person causing the abuse has power and control over the other person.

Abuse can involve:

• one person
• two or more people
• a family member
• a friend or partner
• a classmate or co-worker
• a supervisor
• a caregiver

Abuse can happen in private or in public. It can also happen through communication methods such as phones or the Internet.

Abuse can occur in:

• workplaces
• homes
• community settings
• health care facilities

It can affect people of any age or gender and people from different social, economic, cultural, and community groups.

In some situations, the person being abused depends on the abuser physically, emotionally, or financially.

Abuse and Client Rights

Every person has the right to safe and respectful treatment.

Respecting clients and accepting differences are important parts of support work. When a client’s rights are ignored, the client can become a victim of abuse.

Support worker responsibility: A support worker must know how to recognize and report suspected abuse.

The Canadian Charter of Rights and Freedoms

Since 1982, the Canadian Charter of Rights and Freedoms has been the most important protection against abuse and discrimination. The Charter is the foundation for Canada’s laws that make abuse illegal.

The Charter reflects the values of equality and diversity. No one should be abused or treated unfairly. Knowingly failing to comply with the Charter is illegal and can be considered abuse.

Sorrentino states that the Charter requires everyone to respect the basic human rights of others, including:

• government
• police
• courts
• all Canadians

The Charter protects Canadians, new immigrants, and visitors to Canada. Some specific mobility rights apply to particular groups such as Canadian citizens and permanent residents ⓘ.

Fundamental Freedoms

Fundamental Freedoms include several important freedoms.

People have freedom of:

• conscience and religion
• thought
• belief
• opinion
• expression
• the press and other communication media
• peaceful assembly
• association

People can practise the religion of their choice and express their views without fear of punishment.

They can express opinions through methods such as print, in person, online, radio, or television.

People also have the right to choose who they communicate with or do not communicate with. They can join together peacefully to express their opinions.

Equality Rights

Equality Rights protect equal treatment before and under the law. They also protect equal benefit and protection of the law.

The Charter protects against discrimination based on:

• race
• national or ethnic origin
• colour
• religion
• gender
• age
• mental disability
• physical disability

In 1985, other grounds of discrimination were recognized, including sexual orientation and marital status.

Key fact: People are considered equal and should not receive poorer or special treatment because of their differences.

Democratic Rights

Democratic Rights include:

• the right to vote
• the right to run for public office
• rules concerning the maximum duration of legislative bodies ⓘ

Mobility Rights

Mobility Rights deal with moving within Canada and entering or leaving Canada.

They include:

• the right to move from place to place within Canada
• the right of Canadian citizens to enter and leave Canada
• the right of Canadian citizens and permanent residents to move to and live in any province

Legal Rights

Legal Rights protect people in their dealings with the justice system. They support fair treatment during legal proceedings, especially for people charged with criminal offences.

These rights include:

• life, liberty, and security of the person
• protection from unreasonable search and seizure
• freedom from unnecessary detention or imprisonment
• prompt information about the reason for an arrest or detention
• the right to retain and instruct counsel ⓘ after arrest or detention
• a trial within a reasonable time before an impartial tribunal ⓘ
• the presumption of innocence
• protection against self-incrimination ⓘ
• freedom from cruel and unusual treatment or punishment
• the assistance of an interpreter

Language Rights

Language Rights confirm that English and French are the official languages of Canada.

These rights support equality between English and French in particular situations.

They include the right to use English or French:

• in Parliament
• in courts established by Parliament
• in the Supreme Court of Canada

Federal laws must be published in both English and French.

Minority Language Education Rights

Minority Language Education Rights deal with English-language and French-language minority education.

Provincial governments must provide certain minority-language education rights when enough eligible children are present to justify schooling in that language.

Common Mix-Ups

Wrong Idea	Better Idea
Abuse means any random act of violence.	Abuse involves a relationship where the abuser has power and control over the person being harmed.
Charter rights deal only with legal proceedings.	The Charter covers several areas, including freedoms, equality, democracy, mobility, legal rights, and language rights.
Every mobility right applies to every person in Canada in the same way.	Some mobility rights specifically apply to Canadian citizens or to citizens and permanent residents.
English is the only official language of Canada.	English and French are both official languages of Canada.