Canadian Charter of Rights and Freedoms
Rights and Freedoms A right is an entitlement that belongs to all people simply because they are humans- legal, moral or social Ex: We have free will so we should have freedom of expression A freedom relates to conducting our lives as we see fit, secure in the knowledge that we are protected by laws
Historical Documents Magna Carta- establishing basic individual rights for the people of England Bill of Rights- signed in 1869 that gave British parliament supremacy over the monarchy, and extended civil and political rights All types of human rights documents address inalienable rights
Inalienable rights are guaranteed entitlements that cannot be transferred because they are a part of our nature The United Nations passed the Universal Declaration of Human Rights in 1948 that recognizes human rights on an international level
These rights include men and women equally and allows freedom of thought, opinion, expression, religion, etc. Up until this point, Canada has not done so well with the human rights
Canadian Bill of Rights After WWII and the UN s declaration, Canada spent the following 15 years dealing with significant human rights issues towards nonpersons during this period The Bill of Rights was the right attempt to codify rights and freedoms in Canada in 1960 by Prime Minister John Diefenbaker
This document included: The rights of individuals to life, liberty, security of the person and enjoyment of property Freedom of religion, speech, assembly and association Freedom of the press The right to counsel and the right to a fair hearing
Problems? 1. The Bill of Rights was a federal statute, it applied only under federal jurisdiction 2. As a statute, the Bill of Rights had no precedence over any other statute 3. It could be amended by a majority vote in the House of Commons, so provisions could be changed at any time
Charter of Rights and Freedoms Pierre Trudeau patriated the Constitution and entrenched the Canadian Charter of Rights and Freedoms in 1982 This meant that the Charter was protected and guaranteed under the Constitutional law in Canada This meant that the power shifted from statute law to Constitutional law
The Charter applies to all branches and levels of government, companies, corporations, etc. But the Charter does not have jurisdiction in situations that do not involve the government The Charter gives any person the right to challenge the government in court if their rights have been violated
The Charter applies to all branches and levels of government, companies, corporations, etc. But the Charter does not have jurisdiction in situations that do not involve the government The Charter gives any person the right to challenge the government in court if their rights have been violated
Supreme Court Before the Charter, the Supreme Court interpreted existing laws to uphold individual rights Now, the Supreme Court is called the guardian of the Constitution
The Supreme Court has to ask 3 questions in cases regarding human rights: Was the right infringed or violated by a government or its agencies? Is the right in question covered under the Charter? Is the violation or infringement within a reasonable limit? Once the Supreme Court decides a right or freedom has been infringed or violated, they may strike down the offending legislation