CHARTER OF RIGHTS AND FREEDOMS Part of the Constitution in 1982 - Rights and Responsibilities
http://www.cic.gc.ca/english/resources/publications/discover/section-04.asp Example of Rights under our Charter Democratic rights Language rights Equality rights Legal rights Mobility rights Freedom of religion Freedom of expression Responsibilities - Obeying the law - Taking responsibility for oneself and one s family - Serving on a jury - Voting in elections - Helping others in the community - Helping others in the community - Protecting and enjoying our heritage and environment Freedom of assembly and association
Advantages/Disadvantages - Supreme law - Has some limitations - Difficult to amend or repeal + Parliament and 2/3 of provinces with 50% of the population - Judiciary (collective of judges) has more say than legislatures (Parliament)
SECTION 1 REASONABLE LIMITS CLAUSE - Rights and freedoms are not absolute + Freedom of expression + Freedom of association
SECTION 33 NOTWITHSTANDING CLAUSE - Federal or provincial governments may establish a law that overrides a right or freedom in the Charter + Bill 101 in Quebec
SECTION 33 NOTWITHSTANDING CLAUSE Section 33. + (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15. + (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. + (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. + (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1). + (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
GENERAL PURPOSE OF CHARTER - To expand rather than remove right and freedoms - Rights given in the past to Natives, French Canadians, Catholics, multicultural groups, males and females, cannot be interfered with in the future
PREAMBLE (introductory sentence) Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law. Does this pertain to everyone in Canada?
CLOSING STATEMENT We must now establish the basic principles, the basic values and beliefs, which hold us together as Canadians so that beyond our regional loyalties there is a way of life and a system of values that has given us such freedom and such immeasurable joy. Does this do an adequate job of summarizing what the Charter is setting out to do for us?
EVOLUTION OF THE CHARTER
1) English Common Law Customs, traditions inherited from the UK Parliamentary branch is the highest political and law making body in the country
2) Canadian Bill of Rights - 1960 Recognition that Canadians needed protection from the government PM Diefenbaker introduced legislation, and the Canadian Bill of Rights was born from it Precursor to the Charter It was a reminder to Canadians of the rights they had and still have However, many limitations to the Bill of Rights (could be interpreted, provinces did not agree to it)
3) The Victoria Charter - 1971 Pierre Trudeau wanted changes to the Constitution (more modern) Was held in Victoria, BC with provincial premiers Anglophone provinces wanted changes such as patriation from the UK and an amending formula Quebec wanted legislative and fiscal autonomy No agreement reached as Quebec would not agree to the terms in 1980 talks resumed and compromise was made (except Quebec)
4) The Charter of Rights and Freedoms (Constitution Act) - 1982 Many Canadians feel that the Charter is the most important part of our Constitution Section 1 Reasonable Limits Limits imposed on rights and freedoms by Section 1: 1) the limit must be important 2) the limit must be reasonable and justified for the benefit of society as a whole The benefits must be greater than the harm The law must interfere as little as possible with the right or freedom in question
Rights and Freedoms The main rights and freedoms that form the centre of the Charter are: Fundamental Freedoms (s.2) Democratic Rights (s. 3-5) Mobility Rights (s. 6) Legal Rights (s. 7-14) Equality Rights (s. 15) Official Language Rights (s. 16-22) Minority Language Rights (s. 23)