Download Canadian Charter of Rights and Freedoms - Rights and Freedoms - Lecture Notes and more Study notes Law in PDF only on Docsity! 1 Canadian Charter of Rights and Freedoms Overview A right is a legal, moral, or social claim that people are entitled to, primarily from their government. Freedom is a right-the right to live your life without interference by the government. Freedoms do have limitations that are necessary to protect public safety and the fundamental rights and freedoms of others. The Declaration of Independence (United States, 1776) and the Declaration of the Rights of Man (France, 1789) declared that all people have inalienable rights to equality and freedom. The first attempt to codify rights and freedoms across Canada was the Canadian Bill of Rights a statute enacted in 1960 under the leadership of Prime Minister John Diefenbaker. The Bill of Rights had limitations, however, because it was a federal statute and it applied only to matters under federal jurisdiction. In addition, the statute had the same status as other statutes. It did not take precedence over any other statute. It could also be amended, or even eliminated by a majority vote in the House of Commons. When Canada’s Constitution was patriated in 1982, the Constitution Act included the Canadian Charter of Rights and Freedoms. Having rights and freedoms entrenched in the Constitution ensures that they are protected, regardless of the government in power. It also means that these rights and freedoms become constitutional law, which overrides all other laws. Not all premiers agreed with entrenching rights and freedoms in the Constitution. Some felt that entrenching certain rights and freedoms would reduce the law-making powers of Canadian governments. Agreement on the terms of patriation was finally reached in 1981, but only on condition that a clause be added that allow the provinces some power to override or legislate around the Charter. Consequently, s. 33 of the Charter, known as the notwithstanding clause, gives the federal and provincial governments limited power to pass laws that may violate freedoms or rights in the Charter. One of the early uses of the notwithstanding clause took place in 1988 when the Supreme Court of Canada ruled that Quebec’s Bill 101, which required all public signs to be in French only, was invalid because it infringed on freedom of expression. The Quebec government responded by bring in another bill and invoking the notwithstanding clause to allow the “French only” law to stand. Jurisdiction, Enforcement, and Guarantee The Canadian Charter of Rights and Freedoms has 34 sections that define the relationship between people, organizations, and companies in Canada and the government. The Charter does not have jurisdiction to protect your rights if discrimination occurs in situations that do not involve the government. For example, if a superintendent refuses to rent you an apartment because she doesn’t like your looks, you cannot rely on the protection of the Charter. Protection in this situation should be sought under a provincial human rights code. The Supreme Court of Canada has often been called the “guardian of the Constitution,” because the nine justices that make up the Supreme Court are responsible for interpreting and enforcing the Charter. Today in many cases appealed to the Supreme Court of Canada, the issue of whether a right has been violated is paramount. Docsity.com
