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Encyclopedia > Canadian Charter of Rights and Freedoms
The Charter, signed by Prime Minister Pierre Trudeau in 1981.

The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply The Charter) is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political and civil rights of people in Canada from the policies and actions of all levels of government. It is designed to unify Canadians around a set of principles that embody those rights. Image File history File links Charter. ... Image File history File links Charter. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... “Trudeau” redirects here. ... Bill of Rights refers to documents important to the history and constitution of several countries. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Constitution of Canada is the supreme law in Canada. ... The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ... Canada is a constitutional monarchy and a Commonwealth Realm (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ...


The Charter was preceded by the Canadian Bill of Rights, which was enacted in 1960. However, the Bill of Rights was only a federal statute, rather than a constitutional document. As a federal statute, it was limited in scope, it was easily amendable by Parliament and it had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative.[1] The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The movement for human rights and freedoms that emerged after World War II also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.[2] The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the Government of Prime Minister Pierre Trudeau. John Diefenbaker holds the Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbakers government on August 10, 1960. ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights. ... Wikisource has original text related to this article: Canada Act 1982 The Canada Act 1982 (1982 c. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... “Trudeau” redirects here. ...


One of the most notable effects of the adoption of the Charter was to greatly expand the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights. The courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was primarily concerned with resolving issues of federalism. However, the Charter granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's mother country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the Canadian electorate and criticisms by opponents of increased judicial power. The Charter only applies to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. It has been suggested that Judicial Review in English Law be merged into this article or section. ... The Court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. ... The Canadian legal system has its foundation in the British common law system, inherited from being a part of the Commonwealth. ... Canadian federalism is one of the three pillars of the constitutional order, along with responsible government and the Canadian Charter of Rights and Freedoms. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Parliamentary sovereignty or Parliamentary supremacy is the concept in British constitutional law that a parliament has sovereignty. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...

Contents

Features

Canadian Charter
of Rights and Freedoms
v  d  e ]
Preamble
Guarantee of Rights and Freedoms
1
Fundamental Freedoms
2
Democratic Rights
3, 4, 5
Mobility Rights
6
Legal Rights
7, 8, 9, 10, 11, 12, 13, 14
Equality Rights
15
Official Languages of Canada
16, 16.1, 17, 18, 19, 20, 21, 22
Minority Language Education Rights
23
Enforcement
24
General
25, 26, 27, 28, 29, 30, 31
Application of Charter
32, 33
Citation
34

Under the Charter, persons physically present in Canada have numerous civil and political rights. Most of the rights can be exercised by any legal person, (the Charter does not define the corporation as a "legal person"),[3] but a few of the rights belong exclusively to natural persons or to citizens of Canada. The rights are enforceable by the courts through section 24 of the Charter, which allows courts discretion to award remedies to those whose rights have been denied. This section also allows courts to exclude evidence in trials if the evidence was acquired in a way that conflicts with the Charter and might damage the reputation of the justice system. Section 32 confirms that the Charter is binding on the federal government, the territories under its authority, and the provincial governments. The rights and freedoms enshrined in the Charter include: Image File history File links Charter. ... The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence (preamble) to the Constitution of Canadas Charter of Rights and Constitution Act, 1982. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... The Canadian Charter of Rights and Freedoms. ... 3. ... Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. ... Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. ... The right to live and work anywhere in Canada. ... Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individuals autonomy and personal legal rights from actions of the government. ... Section 8 - SEARCH OR SEIZURE. 8. ... Section Nine of the Canadian Charter of Rights and Freedoms, found under the Legal rights heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. ... 10. ... crap ... Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individuals freedom from cruel and unusual punishments in Canada. ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the Legal rights heading in the Charter. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canadas two official languages, English and French. ... Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... Enforcement Enforcement of guaranteed rights and freedoms 24. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... Section Thirty-four of the Canadian Charter of Rights and Freedoms is the last section of Canadas Charter of Rights, which is entrenched in the Constitution Act, 1982. ... Canadian citizenship is obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian citizen, or can be granted to a permanent resident who lives in Canada for three out of four years before applying for... Enforcement Enforcement of guaranteed rights and freedoms 24. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ...

fundamental freedoms (section 2), namely freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, and freedom of association.
democratic rights: generally, the right to participate in political activities and the right to a democratic form of government:
Section 3: the right to vote and to be eligible to serve as member of a legislature.
Section 4: a maximum duration of legislatures is set at five years.
Section 5: an annual sitting of legislatures is required as a minimum.
mobility rights: (section 6): the right to enter and leave Canada, and to move to and take up residence in any province, or to reside outside Canada.
legal rights: rights of people in dealing with the justice system and law enforcement, namely:
Section 7: right to life, liberty, and security of the person.
Section 8: right from unreasonable search and seizure (only if the authorities believe someone is a threat to another, to society or to themselves, is such a search justified).
Section 9: freedom from arbitrary detainment or imprisonment.
Section 10: The right to legal counsel and the guarantee of habeas corpus.
Section 11: rights in criminal and penal matters such as the right to be presumed innocent until proven guilty.
Section 12: Right not to be subject to cruel and unusual punishment.
Section 13: rights against self-incrimination (this is most seen during plea bargains between the accused and the crown)
Section 14: rights to an interpreter in a court proceeding.
equality rights: (section 15): equal treatment before and under the law, and equal protection and benefit of the law without discrimination.
language rights: generally, the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws enshrined in the Charter include:
Section 16: English and French are the official languages of Canada and New Brunswick.
Section 16.1: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions.
Section 17: the right to use either official language in Parliament or the New Brunswick legislature.
Section 18: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages.
Section 19: both official languages may be used in federal and New Brunswick courts.
Section 20: the right to communicate with and be served by the federal and New Brunswick governments in either official language.
Section 21: other constitutional language rights outside the Charter regarding English and French are sustained.
Section 22: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the Charter. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the Charter.)
minority language education rights: (Section 23): rights for certain citizens belonging to French or English-speaking minority communities to be educated in their own language.

These rights are generally subject to the limitations clause (section 1) and the notwithstanding clause (section 33). The limitations clause in section 1 allows governments to justify certain infringements of Charter rights. Every case in which a court discovers a violation of the Charter would therefore require a section 1 analysis to determine if the law can still be upheld. Infringements are upheld if the purpose for the government action is to achieve what would be recognized as an urgent or important objective in a free society, and if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as hate speech (e.g., in R. v. Keegstra) and obscenity (e.g., in R. v. Butler). Section 1 also confirms that the rights listed in the Charter are guaranteed. The Canadian Charter of Rights and Freedoms. ... Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold a viewpoint, or thought, regardless of anyone elses view. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... Freedom of thought (also called freedom of conscience and freedom of ideas) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, regardless of anyone elses view. ... This article is about the general concept. ... Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... For other uses, see Democracy (disambiguation). ... 3. ... Voting is a method of decision making wherein a group such as a meeting or an electorate attempts to gauge its opinion—usually as a final step following discussions or debates. ... This is a list of the Legislative Assemblies of Canadas provinces and territories. ... Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. ... Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. ... The right to live and work anywhere in Canada. ... Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individuals autonomy and personal legal rights from actions of the government. ... Section 8 - SEARCH OR SEIZURE. 8. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... Section Nine of the Canadian Charter of Rights and Freedoms, found under the Legal rights heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. ... 10. ... In common law countries, habeas corpus () (Latin: [We command that] you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. ... crap ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individuals freedom from cruel and unusual punishments in Canada. ... “Cruel And Unusual” redirects here. ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the Legal rights heading in the Charter. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... The English language is a West Germanic language that originates in England. ... French (français, langue française) is one of the most important Romance languages, outnumbered in speakers only by Spanish and Portuguese. ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Motto: Spem reduxit (Hope restored) Capital Fredericton Largest city Saint John Official languages English, French (the only constitutionally bilingual province in the country) Government - Lieutenant-Governor Herménégilde Chiasson - Premier Shawn Graham (Liberal) Federal representation in Canadian Parliament - House seats 10 - Senate seats 10 Confederation July 1, 1867 (1st... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... Bonhomme Carnaval, mascot of the Quebec winter carnival. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Senate Chamber of Parliament Hill in Ottawa. ... Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canadas two official languages, English and French. ... Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Aboriginal people in Canada are Indigenous Peoples recognized in the Canadian Constitution Act, 1982, sections 25 and 35, respectively, as Indians (First Nations), Métis, and Inuit. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... Hate speech is a controversial term for speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, sexual orientation, gender identity, disability, language ability, moral or political views, socioeconomic class, occupation or appearance... R. v. ... Obscenity in Latin obscenus, meaning foul, repulsive, detestable, (possibly derived from ob caenum, literally from filth). The term is most often used in a legal context to describe expressions (words, images, actions) that offend the prevalent sexual morality of the time. ... Bad Attitude is a lesbian magazine featuring stories of mild sado-masochism and published in the USA, which came to prominence as the first publication to fall foul of feminist-inspired pornography laws in Canada, in 1993. ...


The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, and some have speculated that its use would be politically costly. In the past, the notwithstanding clause was invoked routinely by the province of Quebec (which did not support the enactment of the Charter but is subject to it nonetheless). The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to end a strike and to protect an exclusively heterosexual definition of marriage,[4] respectively. (Note that Alberta's use of the notwithstanding clause is of no force or effect, since the definition of marriage is federal not provincial jurisdiction.[5]) The territory of Yukon also passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force.[6] , Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... Motto: Multis E Gentibus Vires (Latin: The Strength of Many Peoples) Capital Regina Largest city Saskatoon Official languages English Government - Lieutenant-Governor Gordon Barnhart - Premier Lorne Calvert (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation September 1, 1905 (Split from NWT) (9th (province)) Area  Ranked... Motto: Fortis et liber(Latin) Strong and free Capital Edmonton Largest city Calgary Official languages English (see below) Government - Lieutenant-Governor Norman Kwong - Premier Ed Stelmach (PC) Federal representation in Canadian Parliament - House seats 28 - Senate seats 6 Confederation September 1, 1905 (split from Northwest Territories) (8th [Province]) Area Ranked... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ...


Other sections help clarify how the Charter works in practice. These include,

Section 25, which states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982.
Section 26, which clarifies that other rights and freedoms in Canada are not invalidated by the Charter.
Section 27, which requires the Charter to be interpreted in a multicultural context.
Section 28, which states all Charter rights are guaranteed equally to men and women.
Section 29, which confirms the rights of religious schools are preserved.
Section 30, which clarifies the applicability of the Charter in the territories.
Section 31, which confirms that the Charter does not extend the rights of legislatures.

Finally, section 34 states that the first 34 sections of the Constitution Act, 1982 may be collectively referred to as the "Canadian Charter of Rights and Freedoms". Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... // Overview The Constitution Act, 1982 is Schedule B to the Canada Act 1982. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the... The multicultural national representation of the countries of origin at the student union of San Francisco City College. ... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Education in Canada is provided, funded and overseen by federal, provincial, and local governments. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... Section Thirty-four of the Canadian Charter of Rights and Freedoms is the last section of Canadas Charter of Rights, which is entrenched in the Constitution Act, 1982. ...


History

Many of the rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus and the presumption of innocence,[7] have their roots in a set of Canadian laws and legal precedents sometimes known as the Implied Bill of Rights. Many of these rights were also included in the Canadian Bill of Rights, which the Canadian Parliament enacted in 1960. However, the Canadian Bill of Rights had a number of shortcomings. Unlike the Charter, it was an ordinary Act of Parliament, which could be amended by a simple majority of Parliament, and it was applicable only to the federal government. The courts also chose to interpret the Bill of Rights conservatively, only on rare occasions applying it to find a contrary law inoperative. This came as a disappointment to liberals. The Bill of Rights did not contain all of the rights that are now included in the Charter, omitting, for instance, the right to vote and freedom of movement within Canada. Neither the Canadian Bill of Rights nor the Implied Bill of Rights established official bilingualism. This was first established on the federal level by the Official Languages Act in 1969. New Brunswick, having its own large French-speaking minority, also adopted official bilingualism by statute that year and would strengthen this new policy by agreeing to its inclusion in the Charter. Image File history File links John_Diefenbaker_holding_Canadian_Bill_of_Rights. ... Image File history File links John_Diefenbaker_holding_Canadian_Bill_of_Rights. ... John George Diefenbaker, CH, PC, QC, BA, MA, LL.B, LL.D, DCL, FRSC, FRSA, D.Litt, DSL, (18 September 1895 – 16 August 1979) was the 13th Prime Minister of Canada (1957 – 1963). ... John Diefenbaker holds the Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbakers government on August 10, 1960. ... This article is about the general concept. ... In common law countries, habeas corpus () (Latin: [We command that] you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada. ... John Diefenbaker holds the Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbakers government on August 10, 1960. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Senate Chamber of Parliament Hill in Ottawa. ... Liberalism has been a strong force in Canadian politics since the late 18th Century. ... Elections Part of the Politics series Politics Portal This box:      Suffrage (from the Latin suffragium, meaning vote) is the civil right to vote, or the exercise of that right. ... Title page of a European Union member state passport. ... An official language is a language that is given a unique legal status in the countries, states, and other territories. ... The Official Languages Act of 1969 is an Act of Parliament which recognizes English and French as the official languages of Canada. ...


The centennial of Canadian Confederation in 1967 aroused greater interest within the government in constitutional reform. Such reforms would include improving safeguards of rights, as well as patriation of the Constitution, meaning the British Parliament would no longer have to approve constitutional amendments. Subsequently, Attorney General Pierre Trudeau appointed law professor Barry Strayer to research a potential bill of rights. While writing his report, Strayer consulted with a number of notable legal scholars, including Walter Tarnopolsky. Strayer's report advocated a number of ideas that were later incorporated into the Charter, including protection for language rights. Strayer also advocated excluding economic rights. Finally, he recommended allowing for limits on rights. Such limits are included in the Charter's limitation and notwithstanding clauses.[8] In 1968, Strayer was made the Director of the Constitutional Law Division of the Privy Council Office and in 1974 he became Assistant Deputy Minister of Justice. During those years, Strayer played a role in writing the bill that was ultimately adopted. We dont have an article called Canadian-confederation Start this article Search for Canadian-confederation in. ... Look up Patriation in Wiktionary, the free dictionary. ... Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... An amendment is a change to the constitution of a nation or a state. ... The Attorney General of Canada is the top prosecuting officer in Canada. ... “Trudeau” redirects here. ... The Honourable Barry Lee Strayer (born August 13, 1932) is a Justice on the Canadian Federal Court of Appeal. ... Justice Walter Surma Tarnopolsky (1932 – 15 September, 1993) was a Canadian judge, legal scholar, and pioneer in the development of human rights law and civil liberties in Canada. ...


Meanwhile, Trudeau, who had become Liberal leader and prime minister in 1968, still very much wanted a constitutional bill of rights. The federal government and the provinces discussed creating one during negotiations for patriation, which resulted in the Victoria Charter in 1971. This never came to be implemented. However, Trudeau continued with his efforts to patriate the Constitution, and promised constitutional change during the 1980 Quebec referendum. He would succeed in 1982 with the passage of the Canada Act 1982. This enacted the Constitution Act, 1982. The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... Regions Political culture Foreign relations Other countriesAtlas  Politics Portal      Canada is a federation which consists of ten provinces that, with three territories, make up the worlds second largest country in total area. ... The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. ... The 1980 Quebec referendum was the first referendum in Quebec on the role of Quebec within Canada and whether Quebec should pursue a path toward sovereignty. ... Wikisource has original text related to this article: Canada Act 1982 The Canada Act 1982 (1982 c. ...

With Queen Elizabeth II's approval, the Charter was brought into effect in Ottawa on April 17, 1982. Trudeau stands front, second left to the Queen; Attorney General Jean Chrétien stands left to Trudeau.

The inclusion of a charter of rights in the Constitution Act was a much-debated issue. Trudeau spoke on television in October 1980 [2], and announced his intention to constitutionalize a bill of rights that would include fundamental freedoms, democratic guarantees, freedom of movement, legal rights, equality and language rights. He did not want a notwithstanding clause. While his proposal gained popular support, provincial leaders opposed the potential limits on their powers. The federal Progressive Conservative opposition feared liberal bias among judges, should courts be called upon to enforce rights. Additionally, the British Parliament cited their right to uphold Canada's old form of government. At a suggestion of the Conservatives, Trudeau's government thus agreed to a committee of Senators and MPs to further examine the bill of rights as well as the patriation plan. During this time, 90 hours were spent on the bill of rights alone, all filmed for television, while civil rights experts and interest groups put forward their perceptions on the Charter's flaws and omissions and how to remedy them. As Canada had a parliamentary system of government, and as judges were perceived not to have enforced rights well in the past, it was questioned whether the courts should be named as the enforcers of the Charter, as Trudeau wanted. Conservatives argued that elected politicians should be trusted instead. It was eventually decided that the responsibility should go to the courts. At the urging of civil libertarians, judges could even now exclude evidence in trials if acquired in breach of Charter rights in certain circumstances, something the Charter was not originally going to provide for. As the process continued, more features were added to the Charter, including equality rights for people with disabilities, more sex equality guarantees and recognition of Canada's multiculturalism. The limitations clause was also reworded to focus less on the importance of parliamentary government and more on justifiability of limits in free societies; the latter logic was more in line with rights developments around the world after World War II.[9] Image File history File linksMetadata Ouellet_approaches_to_sign_the_Constitution. ... Image File history File linksMetadata Ouellet_approaches_to_sign_the_Constitution. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born 21 April 1926) is Queen of sixteen sovereign states, holding each crown and title equally. ... This article is about the capital city of Canada. ... is the 107th day of the year (108th in leap years) in the Gregorian calendar. ... Year 1982 (MCMLXXXII) was a common year starting on Friday (link displays the 1982 Gregorian calendar). ... The Attorney General of Canada is the top prosecuting officer in Canada. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ... Social equality is a social state of affairs in which certain different people have the same status in a certain respect, minimally at least in voting rights, freedom of speech and assembly, and property rights. ... This article does not cite any references or sources. ... The Senate of Canada (French: Le Sénat du Canada) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the House of Commons. ... An interest group (also called an advocacy group, lobbying group, pressure group (UK), or special interest) is a group, however loosely or tightly organized, doing advocacy: those determined to encourage or prevent changes in public policy without trying to be elected. ... A civil libertarian is one who is actively concerned with the protection of individual civil liberties and civil rights. ... The multicultural national representation of the countries of origin at the student union of San Francisco City College. ...


In its decision in the Patriation Reference (1981), the Supreme Court of Canada had ruled there was a tradition that some provincial approval should be sought for constitutional reform. As the provinces still had doubts about the Charter's merits, Trudeau was forced to accept the notwithstanding clause to allow governments to opt out of certain obligations. The notwithstanding clause was accepted as part of a deal called the Kitchen Accord, negotiated by the federal Attorney General Jean Chrétien, Ontario's justice minister Roy McMurtry and Saskatchewan's justice minister Roy Romanow. Pressure from provincial governments (which in Canada have jurisdiction over property) and from the country's left wing, especially the New Democratic Party, also prevented Trudeau from including any rights protecting private property. Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a leading opinion of the Supreme Court of Canada where the Court affirmed the existence of an unwritten dimension to the Constitution and held that constitutional convention did not... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ... Roy McMurtry (right) accompanied by his wife, daughter, and a sample of his art work Roland Roy McMurtry (born May 31, 1932) is a judge and former politician in Ontario, Canada. ... Roy John Romanow, PC , OC , SOM , QC , LL.B , DU, (born August 12, 1939 in Saskatoon, Saskatchewan) is a Canadian politician and former Premier of Saskatchewan (1991–2001). ... “Leftism” redirects here. ... This article is about the Canadian political party. ...


Nevertheless, Quebec did not support the Charter (or the Canada Act 1982), with "conflicting interpretations" as to why. The opposition could have owed to the Parti Québécois leadership being allegedly uncooperative, because it was more committed to gaining sovereignty for Quebec. It could have owed to Quebec leaders being excluded from the negotiation of the Kitchen Accord, which they saw as being too centralist. It could have owed to provincial leaders' objections to the Accord's provisions relating to the process of future constitutional amendment.[10] They also opposed the inclusion of mobility rights and minority language education rights.[11] The Charter is still applicable in Quebec because all provinces are bound by the Constitution. However, Quebec's opposition to the 1982 patriation package has led to two failed attempts to amend the Constitution (the Meech Lake Accord and Charlottetown Accord) which were designed primarily to obtain Quebec's political approval of the Canadian constitutional order. Ironically, the only Non-Quebecer to sign the Charter into law was Queen Elizabeth II. The Parti Québécois (PQ) is a political party that advocates national sovereignty for the Canadian province of Quebec and secession from Canada, as well as social democratic policies and has traditionally had support from the labour movement. ... Patriation is a legal term particularly used in Canada, to describe a process of constitutional change also known as bringing home the constitution. ... The Meech Lake Accord was a set of failed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and the provincial premiers, including Robert Bourassa, premier of Quebec. ... Headline on October 27, 1992 Globe and Mail. ...


While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.

Place d'Armes in Montreal, historic heart of French Canada.
Place d'Armes in Montreal, historic heart of French Canada.

The Charter has been amended since its enactment. Section 25 was amended in 1983 to explicitly recognize more rights regarding Aboriginal land claims, and section 16.1 was added in 1993. A proposed Rights of the Unborn Amendment in 1986–1987, which would have enshrined fetal rights, failed in the federal Parliament. Other proposed amendments to the Constitution, included in the Charlottetown Accord of 1992, were never passed. These amendments would have specifically required the Charter to be interpreted in a manner respectful of Quebec's distinct society, and would have added further statements to the Constitution Act, 1867 regarding racial and sexual equality and collective rights, and about minority language communities. Though the Accord was negotiated among many interest groups, the resulting provisions were so vague that Trudeau, then out of office, feared they would actually conflict with and undermine the Charter's individual rights. He felt judicial review of the rights might be undermined if courts had to favour the policies of provincial governments, as governments would be given responsibility over linguistic minorities. Trudeau thus played a prominent role in leading the popular opposition to the Accord.[12] Image File history File links Size of this preview: 450 × 600 pixelsFull resolution (600 × 800 pixel, file size: 138 KB, MIME type: image/jpeg) Place dArmes and Cathedral Notre Dame. ... Image File history File links Size of this preview: 450 × 600 pixelsFull resolution (600 × 800 pixel, file size: 138 KB, MIME type: image/jpeg) Place dArmes and Cathedral Notre Dame. ... Aboriginal land claims are claims of Native or Aboriginal peoples (also referred to as Indigenous peoples) about their ownership of land before the arrival of settlers, primarily Europeans. ... Since the Constitution of Canada was patriated in 1982, there have been a number of failed attempts to amend the document under the new amending formula. ... The term fetal rights can refer either to legal rights accorded to fetuses or to the moral rights that some people ascribe to them. ... Headline on October 27, 1992 Globe and Mail. ... Distinct society (in French la société distincte) was a political neologism used during a constitutional debate in Canada, in the second half of the 1980s and in the early 1990s. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ... A minority language is a language spoken by a minority of the population of a country. ...


Interpretation and enforcement

The task of interpreting and enforcing the Charter falls to the courts, with the Supreme Court of Canada being the ultimate authority on the matter. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ...


With the Charter's supremacy confirmed by section 52 of the Constitution Act, 1982, the courts continued their practice of striking down unconstitutional statutes or parts of statutes as they had with earlier case law regarding federalism. However, under section 24 of the Charter, courts also gained new powers to enforce creative remedies and exclude more evidence in trials. Courts have since made many important decisions, including R. v. Morgentaler (1988), which struck down Canada's abortion law, and Vriend v. Alberta (1998), in which the Supreme Court found the province's exclusion of homosexuals from protection against discrimination violated section 15. In the latter case, the Court then read the protection into the law. Holding Section 251 of the Criminal Code violates a womans right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. ... Abortion in Canada is not limited by law. ... Vriend v. ... Homosexuality refers to sexual interaction and / or romantic attraction between individuals of the same sex. ...


Courts may receive Charter questions in a number of ways. Rights claimants could be prosecuted under a criminal law that they argue is unconstitutional. Others may feel government services and policies are not being dispensed in accordance with the Charter, and apply to lower-level courts for injunctions against the government (as was the case in Doucet-Boudreau v. Nova Scotia (Minister of Education)). A government may also raise questions of rights by submitting reference questions to higher-level courts; for example, Prime Minister Paul Martin's government approached the Supreme Court with Charter questions as well as federalism concerns in the case Re Same-Sex Marriage (2004). Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the Provincial Judges Reference by asking its provincial Supreme Court a question on judicial independence under section 11. Criminal law in Canada is a matter of law in the exclusive jurisdiction of the federal government. ... Holding Section 24(1) of the Canadian Charter of Rights and Freedoms provides responsive and effective remedies for those whose Charter rights are violated; remedies may be creative, compared to traditional judicially-awarded remedies. ... A Reference Question in Canada is a submission by the federal or a provincial government to the Supreme Court of Canada or the provinces respective Court of Appeal in which the submitting government would like the court to answer a legal question regarding the Constitution Acts, the constitutionality of... Paul Edgar Philippe Martin, PC, MP, BA, LLB, LLD (h. ... Re Same-Sex Marriage [2004] 3 S.C.R. 698 was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. ... This article is about the Canadian province. ... Holding There is a constitutional norm that protects the judicial independence of all judges. ... Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ...

The building of the Supreme Court of Canada, the chief authority on the interpretation of the Charter
The building of the Supreme Court of Canada, the chief authority on the interpretation of the Charter

In several important cases, judges developed various tests and precedents for interpreting specific provisions of the Charter. These include the Oakes test for section 1, set out in the case R. v. Oakes (1986), and the Law test for section 15, developed in Law v. Canada (1999). Since Re B.C. Motor Vehicle Act (1985), various approaches to defining and expanding the scope of fundamental justice (the Canadian name for natural justice or due process) under section 7 have been adopted. (For more information, see the articles on each Charter section). Supreme Court of Canada Building, August 2004, Ottawa, ON, CDN, File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Supreme Court of Canada Building, August 2004, Ottawa, ON, CDN, File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Holding Section 8 of the Narcotic Control Act violates the right to presumption of innocence under section 11(d) of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. ... Law v. ... Re B.C. Motor Vehicle Act 1985 SCC 72 was a reference submitted to the Supreme Court of Canada regarding the contitutionality of the B.C. Motor Vehicles Act. ... Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...


In general, courts have embraced a purposive interpretation of Charter rights. This means that since early cases like Hunter v. Southam (1984) and R. v. Big M Drug Mart (1985), they have concentrated not on the traditional, limited understanding of what each right meant when the Charter was adopted in 1982, but rather on changing the scope of rights as appropriate to fit their broader purpose. This is tied to the generous interpretation of rights, as the purpose of the Charter provisions is assumed to be to increase rights and freedoms of people in a variety of circumstances, at the expense of the government powers. Constitutional scholar Peter Hogg has approved of the generous approach in some cases, although for others he argues the purpose of the provisions was not to achieve a set of rights as broad as courts have imagined.[13] Indeed, this approach has not been without its critics. Alberta politician Ted Morton and political scientist Rainer Knopff have been very critical of this phenomenon. Although they feel the basis for the approach, the living tree doctrine (the classical name for generous interpretations of the Canadian Constitution), is sound, they argue Charter case law has been more radical. When the living tree doctrine is applied right, the authors claim, "The elm remained an elm; it grew new branches but did not transform itself into an oak or a willow." The doctrine can be used, for example, so a right is upheld even when a government threatens to violate it with new technology, as long as the essential right remains the same; but the authors claim that the courts have used the doctrine to "create new rights." As an example, the authors note that the Charter right against self-incrimination has been extended to cover scenarios in the justice system that had previously been unregulated by self-incrimination rights in other Canadian laws.[14] Purposive theory is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the legislation. ... Hunter v. ... Holding The Lords Day Act violates section 2 of the Charter and is invalid. ... Peter Wardell Hogg, C.C., Q.C., Ph. ... Frederick Lee (Ted) Morton, PhD. (born 1949, Los Angeles, California) is a former university professor, an Albertan politician and currently a Member of the Legislative Assembly of Alberta. ... Rainer Knopff is a writer and professor of political science at the University of Calgary and part of a group known as the Calgary School. ... The living tree doctrine is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and liberal manner so as to adapt it to the changing times. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ...


Another general approach to interpreting Charter rights is to consider legal precedent regarding the United States Bill of Rights, which influenced the text of the Charter and has generated a great deal of thoughts on the extent of rights in a common law, democratic system and how bills of rights should be enforced by courts. However, American precedent is not considered infallible. The Canadian Supreme Court has referred to the Canadian and American bills as being "born to different countries in different ages and in different circumstances."[15] Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ...


Public interest groups frequently intervene in cases to make arguments on how to interpret the Charter. Some examples are the Canadian Civil Liberties Association, the Canadian Mental Health Association, the Canadian Labour Congress, the Women's Legal Education and Action Fund (LEAF), and REAL Women of Canada. The purpose of such interventions is to assist the court and to attempt to influence the court to render a decision favourable to the legal interests of the group. In law, an intervener (or intervenor) is a person, group, or other entity that has been granted permission to make submissions to a court or tribunal hearing a particular proceeding. ... The Canadian Civil Liberties Association or CCLA, is a non-governmental organization in Canada that is devoted to the defense of civil liberties and civil rights. ... The Canadian Mental Health Association (CMHA) was founded on January 26, 1918, by Dr. Clarence M. Hincks and Clifford W. Beers and was first named the Canadian National Committee for Mental Hygiene. ... The Canadian Labour Congress, or CLC (in French le Congrès du travail du Canada or CTC) is the central labour body in Canada to which most Canadian labour unions are affiliated. ... Womens Legal Education and Action Fund, popularly known as LEAF, is a Canadian legal organization that performs legal research and intervenes in appellate and Supreme Court cases on womens issues. ... REAL Women of Canada is a socially conservative lobby group in Canada. ...


A further approach to the Charter, taken by the courts, is the dialogue principle, which involves greater participation by elected governments. This approach involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged. In Canadian constitutional law, the dialogue principle is an approach to the interpretation of the Canadian Charter of Rights and Freedoms where judicial review of legislation is said to be part of a dialogue between the legislatures and the courts. ...


Comparisons with other human rights instruments

The United States Bill of Rights influenced the text of the Charter, but its rights provisions are interpreted more conservatively. Canadian and American cases nevertheless sometimes have similar outcomes because the broader Charter rights are limited by section 1 of the Charter.
The United States Bill of Rights influenced the text of the Charter, but its rights provisions are interpreted more conservatively. Canadian and American cases nevertheless sometimes have similar outcomes because the broader Charter rights are limited by section 1 of the Charter.

Some Canadian Members of Parliament saw the movement to entrench a charter as contrary to the British model of Parliamentary supremacy. Others would say that the European Convention on Human Rights has now limited British parliamentary power to a greater degree than the Canadian Charter limited the power of the Canadian Parliament and provincial legislatures. Hogg has speculated that the British adopted the European Convention partly because they were inspired by the similar Canadian Charter.[16] Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... Image File history File linksMetadata Download high resolution version (4318x4592, 1500 KB) Description: THE BILL OF RIGHTS Credit: NARA [1] Usage: File links The following pages link to this file: United States Constitution United States Bill of Rights Metadata This file contains additional information, probably added from the digital camera... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... A Member of Parliament, or MP, is a representative elected by the voters to a parliament. ... Parliamentary sovereignty or Parliamentary supremacy is the concept in British constitutional law that a parliament has sovereignty. ... “ECHR” redirects here. ...


The Canadian Charter bears a number of similarities to the European Convention, specifically in relation to the limitations clauses contained in the European document. The underlying reason for these similarities is that the Canadian Charter and the European Convention are both inspired by the Universal Declaration of Human Rights. Because of this similarity with European human rights law, the Supreme Court of Canada turns not only to the Constitution of the United States case law in interpreting the Charter, but also to European Court of Human Rights cases. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...


The core distinction between the United States Bill of Rights and Canadian Charter is the existence of the limitations and notwithstanding clauses. Canadian courts have consequently interpreted each right more expansively. However, due to the limitations clause, where a violation of a right exists, the law will not necessarily grant protection of that right. In contrast, rights under the US Bill of Rights are absolute and so a violation will not be found until there has been sufficient encroachment on those rights. The sum effect is that both constitutions provide comparable protection of many rights. Fundamental justice (in section 7 of the Canadian Charter) is therefore interpreted to include more legal protections than due process, which is its US equivalent. Freedom of expression in section 2 also has a more wide-ranging scope than the First Amendment to the United States Constitution's freedom of speech.[17] In RWDSU v. Dolphin Delivery Ltd. (1986), the Canadian Supreme Court considered picketing of the kind the US First Amendment did not permit, as it was disruptive conduct (though there was some speech involved that the First Amendment might otherwise protect). The Supreme Court, however, ruled the picketing, including the disruptive conduct, were fully protected under section 2 of the Charter. The Court then relied on section 1 to find the injunction against the picketing was just.[18] The limitations clause has also allowed governments to enact laws that would be considered unconstitutional in the US. The Supreme Court of Canada has upheld some of Quebec's limits on the use of English on signs and has upheld publication bans that prohibit media from mentioning the names of juvenile criminals. Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... “First Amendment” redirects here. ... Holding The Charter applies to all codified law but only common law when it is the basis of government action. ... Employees of the BBC form a picket line during a strike in May 2005. ... The English language is a West Germanic language that originates in England. ... A publication ban is a court order which prohibits the public or media from disseminating certain details of an otherwise public judicial procedure. ...


Section 28 of the Charter performs a function similar to that of the unratified Equal Rights Amendment in the US. While that proposed amendment had many critics, there was no comparable opposition to the Charter's section 28.[19] Still, Canadian feminists had to stage large protests to demonstrate support for the inclusion of the section. The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that was intended to guarantee equal rights under the law for Americans regardless of sex. ...


The International Covenant on Civil and Political Rights has several parallels with the Canadian Charter, but in some cases the Covenant goes further with regard to rights in its text. For example, a right to legal aid has been read into section 10 of the Charter (the right to counsel), but the Covenant explicitly guarantees the accused need not pay "if he does not have sufficient means."[20] Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ...


The Canadian Charter has little to say, explicitly at least, about economic and social rights. On this point, it stands in marked contrast with the Quebec Charter of Human Rights and Freedoms and with the International Covenant on Economic, Social and Cultural Rights. There are some who feel economic rights ought to be read into section 7 rights to security of the person and section 15 equality rights to make the Charter similar to the Covenant. The rationale is that economic rights can relate to a decent standard of living and can help the civil rights flourish in a livable environment. Canadian courts, however, have been hesitant in this area, stating that economic rights are political questions and adding that as positive rights, economic rights are of questionable legitimacy.[21] The Quebec Charter of Human Rights and Freedoms (French: Charte des droits et libertés de la personne) is a statutory bill of rights adopted by the National Assembly of Quebec on June 27, 1975. ... This page is a candidate to be moved to Wikisource. ... Security of person or security of the person is a human right guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. ... The standard of living refers to the quality and quantity of goods and services available to people and the way these services and goods are distributed within a population. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there... Within the philosophy of human rights, some philosophers and political scientists see a distinction between positive and negative rights. ...


The Charter itself influenced the Bill of Rights in the Constitution of South Africa.[21] The current and official Constitution of the Republic of South Africa was adopted on 8 May 1996. ...


The Charter and national values

The "March of Hearts" rally for same-sex marriage equality under the Charter in 2004.
The "March of Hearts" rally for same-sex marriage equality under the Charter in 2004.

The Charter was intended to be a source for national values and national unity. As Professor Alan Cairns noted, "The initial federal government premise was on developing a pan-Canadian identity."[22] Trudeau himself later wrote in his Memoirs that "Canada itself" could now be defined as a "society where all people are equal and where they share some fundamental values based upon freedom," and that all Canadians could identify with the values of liberty and equality.[23] Image File history File linksMetadata Download high resolution version (896x592, 84 KB) Summary Author: en:User:Montrealais Description: The March of Hearts on Parliament Hill for same-sex marriage in Canada Date: March 6, 2004 Source: Uploaded as en:Image:March-of-hearts. ... Image File history File linksMetadata Download high resolution version (896x592, 84 KB) Summary Author: en:User:Montrealais Description: The March of Hearts on Parliament Hill for same-sex marriage in Canada Date: March 6, 2004 Source: Uploaded as en:Image:March-of-hearts. ... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ... “Value” redirects here. ... Alan C. Cairns (born 1930) is a Canadian retired political science professor. ...


The Charter's unifying purpose was particularly important to the mobility and language rights. According to author Rand Dyck, some scholars believe section 23, with its minority language education rights, "was the only part of the Charter with which Pierre Trudeau was truly concerned."[24] Through the mobility and language rights, French Canadians, who have been at the centre of unity debates, are able to travel throughout all Canada and receive government and educational services in their own language. Hence, they are not confined to Quebec (the only province where they form the majority and where most of their population is based), which would polarize the country along regional lines. The Charter was also supposed to standardize previously diverse laws throughout the country and gear them towards a single principle of liberty.[25] Neil McGraw with Dr. Rand Dyck at 14th Annual Model Parliament, Jan. ... French Canadian is a term that has several different connotations. ...


Former premier of Ontario Bob Rae has stated that the Charter "functions as a symbol for all Canadians" in practice because it represents the core value of freedom. Academic Peter Russell has been more skeptical of the Charter's value in this field. Cairns, who feels the Charter is the most important constitutional document to many Canadians, and that the Charter was meant to shape the Canadian identity, has also expressed concern that groups within society see certain provisions as belonging to them alone rather than to all Canadians.[16] It has also been noted that issues like abortion and pornography, raised by the Charter, tend to be controversial.[25] Still, opinion polls in 2002 showed Canadians felt the Charter significantly represented Canada, although many were unaware of the document's actual contents.[26] The Premier of Ontario is the first minister for the Canadian province of Ontario. ... Hon. ... Peter Russell (born May 7, 1946) is a British author of books on consciousness, spiritual awakening and their role in the future development of humanity. ... Porn redirects here. ... Opinion polls are surveys of opinion using sampling. ...


The only values mentioned by the Charter's preamble are recognition for the supremacy of God and the rule of law, but these have been controversial and of minor legal consequence. In 1999, MP Svend Robinson brought forward a failed proposal before the Canadian House of Commons that would have amended the Charter by removing the mention of God, as he felt it did not reflect Canada's diversity. The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence (preamble) to the Constitution of Canadas Charter of Rights and Constitution Act, 1982. ... This article discusses the term God in the context of monotheism and henotheism. ... The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ... Svend Robinson Svend Johannes Robinson (born March 4, 1952) is a Canadian politician and prominent activist for gay rights. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ...


Section 27 also recognizes multiculturalism, which the Department of Canadian Heritage argues is prized among Canadians.[27] The Department of Canadian Heritage, also referred to as Heritage Canada or simply Department of Heritage, is the department of the government of Canada with responsibility for policies regarding the arts, culture, media, communications networks, and sports and multiculturalism. ...


Criticism

While the Charter has enjoyed a great deal of popularity, with 82% of Canadians describing it as a "good thing" in opinion polls in 1987 and 1999,[16] the document has also been subject to published criticisms from both sides of the political spectrum. One left-wing critic is Professor Michael Mandel, who wrote that in comparison to politicians, judges do not have to be as sensitive to the will of the electorate, nor do they have to make sure their decisions are easily understandable to the average Canadian citizen. This, in Mandel's view, limits democracy. Mandel has also asserted that the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights. He has argued that there are several rights that should be included in the Charter, such as a right to health care and a basic right to free education.[28] Hence, the perceived Americanization of Canadian politics is seen as coming at the expense of values more important for Canadians. The union movement has been disappointed in the reluctance of the courts to use the Charter to support various forms of union activity, such as the "right to strike". Michael Mandel is a Canadian legal academic. ... Individual rights represent the moral rights of individuals in society prior to government. ...


Right-wing critics Morton and Knopff have raised several concerns about the Charter, notably by alleging that the federal government has used it to limit provincial powers by allying with various rights claimants and interest groups. In their book The Charter Revolution & the Court Party, Morton and Knopff express their suspicions of this alliance in detail, accusing the Trudeau and Chrétien governments of funding litigious groups. For example, these governments used the Court Challenges Program to support minority language educational rights claims. Morton and Knopff also claim that crown counsel have intentionally lost cases in which the government was taken to court for allegedly violating rights, particularly gay rights and women's rights.[29] Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ... Crown Attorney or Crown Counsel are the public prosecutor in the legal system of Canada. ... The gay rights movement is a collection of loosely aligned civil rights groups, human rights groups, support groups and political activists seeking acceptance, tolerance and equality for non-heterosexual, (homosexual, bisexual), and transgender people - despite the fact that it is typically referred to as the gay rights movement, members also... The term women’s rights typically refers to freedoms inherently possessed by women and girls of all ages, which may be institutionalized or ignored and/or illegitimately suppressed by law or custom in a particular society. ...


Political scientist Rand Dyck, in observing these criticisms, notes that while judges have had their scope of review widened, they have still upheld most laws challenged on Charter grounds. With regard to litigious interest groups, Dyck points out that "the record is not as clear as Morton and Knopff imply. All such groups have experienced wins and losses."[30]


The political philosopher Charles Blattberg has criticized the Charter for contributing to the fragmentation of the country, at both the individual and group levels. In encouraging discourse based upon rights, the Charter is said to inject an adversarial spirit into Canadian politics, making it difficult to realize the common good. Blattberg also claims that the Charter undercuts the Canadian political community since it is ultimately a cosmopolitan document. Finally, he argues that people would be more motivated to uphold individual liberties if they were expressed with terms that are much "thicker" (less abstract) than rights.[31] Charles Blattberg Charles Blattberg (born 1967 in Toronto, Canada) is a professor of political philosophy at the Université de Montréal. ...


See also

Wikisource has original text related to this article:

Image File history File links Wikisource-logo. ... The original Wikisource logo. ... The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vicitims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. ... John Diefenbaker holds the Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbakers government on August 10, 1960. ... The Veterans Bill of Rights is a bill of rights in Canada for veterans of the Canadian Forces and Royal Canadian Mounted Police. ... The Quebec Charter of Human Rights and Freedoms (French: Charte des droits et libertés de la personne) is a statutory bill of rights adopted by the National Assembly of Quebec on June 27, 1975. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... This is a chronological list of notable cases decided by the Supreme Court of Canada from Brian Dicksons appointment as Chief Justice on April 18, 1984 to his retirement on June 30, 1990. ... This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. ... This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Beverley McLachlin as Chief Justice of Canada. ...

Notes

  1. ^ Only one federal law was declared inoperative by the Supreme Court of Canada: R. v. Drybones (1969), [1970] S.C.R. 282. For an example of the narrow interpretation of the Supreme Court of Canada see Attorney General of Canada v. Lavell, [1974] S.C.R. 1349.
  2. ^ Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 689.
  3. ^ Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 741–742
  4. ^ Marriage Act, R.S.A. 2000, c. M-5. Accessed URL on March 10, 2006.
  5. ^ McKnight, Peter. "Notwithstanding what?" The Vancouver Sun, January 21, 2006, pg. C.4.
  6. ^ Library of Parliament, Parliamentary Information and Research Service, The Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Accessed August 7, 2006.
  7. ^ "Sources of Canadian Law", Department of Justice Canada. URL accessed on March 20, 2006.
  8. ^ Strayer, Barry L. "My Constitutional Summer of 1967", Reflections on the Charter, Department of Justice Canada. URL accessed on March 18, 2006.
  9. ^ Weinrib, Lorraine Eisenstat. "Trudeau and the Canadian Charter of Rights and Freedoms: A Question of Constitutional Maturation." In Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau. Edited by Andrew Cohen and JL Granatstein. Vintage Canada, 1998, pages 269–272.
  10. ^ "The Night of Long Knives", Canada: A People's History. CBC. URL accessed on April 8, 2006.
  11. ^ CBC evening news broadcast, November 5, 1981. Online at CBC Archives, [1], beginning at timepoint 4:04 of the clip. Accessed August 8, 2006.
  12. ^ Behiels, Michael D. "Who Speaks for Canada? Trudeau and the Constitutional Crisis." In Trudeau's Shadow: The Life and Legacy of Pierre Elliott Trudeau, page 346.
  13. ^ Hogg, Constitutional Law of Canada, 2003 Student Ed., pages 722 and 724–725.
  14. ^ Morton, F.L. and Ranier Knopff. The Charter Revolution & the Court Party. Toronto: Broadview Press, 2000, pages 46–47.
  15. ^ Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 732; the case quoted was R. v. Rahey (1987) by Gérard La Forest.
  16. ^ a b c Saunders, Philip. "The Charter at 20", CBC News Online, April 2002. URL accessed on March 17, 2006.
  17. ^ Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 732–733.
  18. ^ Manfredi, Christopher P. "The Canadian Supreme Court and American Judicial Review: United States Constitutional Jurisprudence and the Canadian Charter of Rights and Freedoms." The American Journal of Comparative Law, vol. 40, no. 1. (Winter, 1992), pages 12–13.
  19. ^ Women's International Network News, "Women on the Move in Canada." Summer 1993, Vol. 19 Issue 3, page 71.
  20. ^ Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 733–734.
  21. ^ a b Lugtig, Sarah and Debra Parkes, "Where do we go from here?" Herizons, Spring 2002, Vol. 15 Issue 4, page 14.
  22. ^ Quoted by Saunders.
  23. ^ Trudeau, Pierre Elliott. Memoirs, Toronto: McClelland & Stewart, 1993, pages 322–323.
  24. ^ Dyck, Rand. Canadian Politics: Critical Approaches. Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000, page 442.
  25. ^ a b Hogg, Constitutional Law of Canada. 2003 Student Ed., pages 704–705.
  26. ^ Byfield, Joanne. "The right to be ignorant." Report/Newsmagazine (National Edition); December 16, 2002, Vol. 29, Issue 24, page 56.
  27. ^ Guide to the Canadian Charter of Rights and Freedoms. Human Rights Program. Canadian Heritage. URL accessed on March 25, 2006.
  28. ^ Dyck, page 446, summarizing Mandel, Michael, The Charter of Rights and the Legalization of Politics in Canada (Toronto: Wall and Thompson, 1989; revised edition, 1994)
  29. ^ Morton and Knopff, 95. They complain about crown counsels on page 117.
  30. ^ Dyck, page 448.
  31. ^ Blattberg, Charles. Shall We Dance? A Patriotic Politics for Canada. Montreal and Kingston: McGill-Queen's University Press, 2003, especially pages 83–94

March 10 is the 69th day of the year (70th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Vancouver Sun is a daily newspaper first published in the Canadian province of British Columbia on February 12, 1912. ... Court membership Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest Reasons given Plurality by: Lamer J. Joined by: Dickson C.J. Concurrence by: Wilson J. Joined by: Estey J. Concurrence by: Le Dain... The Honourable Gérard Vincent La Forest (born April 1, 1926) was a Puisne Justice of the Supreme Court of Canada from January 16, 1985 to September 30, 1997. ...

References

  • G.-A Beaudoin and E. Ratushny, The Canadian Charter of Rights and Freedoms 2nd ed., Carswell, Toronto, 1989.
  • P.W. Hogg, Constitutional law of Canada, 4th ed., Carswell: Scarborough with Supplement to Constitutional Law of Canada (2002-)
  • J.P. Humphrey, Human Rights and the United Nations: A Great Adventure, New York: Transnational Publishers, 1984.
  • Leishman, Rory, Against Judicial Activism: The Decline of Freedom and Democracy in Canada, McGill-Queen's University Press, 2006, ISBN 0773530541
  • J.E. Magnet, Constitutional Law, 8th ed. (2001).

Carswell is a Canadian law publishing house. ...

External links


Constitution of Canada
v  d  e
Constitution Act, 1867
Division of powers | Peace, order and good government | Criminal law power | Trade and Commerce clause | Works and Undertakings (Declaratory Power) | Property and civil rights | Disallowance and reservation

Canada Act 1982
Constitution Act, 1982
Canadian Charter of Rights and Freedoms | Aboriginal Rights clause | Amending formula

List of Canadian constitutional documents

History of the Constitution
Royal Proclamation of 1763 | Quebec Act | Constitutional Act of 1791 | Act of Union 1840 | British North America Acts | Statute of Westminster 1931
Constitutional debate
Fulton-Favreau formula | Victoria Charter | Meech Lake Accord | Charlottetown Accord | Calgary Declaration | Other unsuccessful amendments
Interpretation of the Constitution
Pith and substance | Double aspect | Paramountcy | Living tree | Implied Bill of Rights | Dialogue principle | Interjurisdictional immunity

  Results from FactBites:
 
ca_ph_blair_law_1|Canadian Charter of Rights and Freedoms|Summary (933 words)
Freedoms do have limitations that are necessary to protect public safety and the fundamental rights and freedoms of others.
Rights under the Charter include democratic rights (the right to vote, for example), mobility rights (the right to move in and out of the country and between provinces), legal and equality rights, and language and general rights.
Language rights in the Charter affirm that Canada is a bilingual country and French and English have equal rights as official languages in Parliament and federal government agencies.
  More results at FactBites »

 
 

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