Canadian Charter and constitution acts

Backbone of Canada’s constitutional structure

S. 91-101, 121 and 132 In constitution 1867

S. 91 in Canada’s constitution act 1867

Federal powers (criminal law, trade and commerce, defence and banking)

S. 92 Canadian constitution act 1867

Provincial powers (property and civil rights, local matters, municipalities)

S. 93 in constitution act 1867

Education - no law can effect these rights

S.94-95 in constitution act 1867

Concurrent powers (agriculture and immigration) - any provincial law in these areas can be overridden by a conflicting federal law.

S.96-101 in Canadian constitution act 1867

Judicial system (pointement of judges, creation of courts)

96: mandates federal governments appointment of provincial superior court judges

97 & 98: address the selection of judges from the respective provincial bars

99: establishes their tenure (occupation of role) during good behaviour

100: details federal parliament’s responsibility for fixing salaries, allowances and pensions of judges

101: empowers the federal parliament to create a general court of appeal and additional federal courts for administration of justice.

S. 121 In Canadian Constitution act 1867

Free movement of goods within Canada, ensures interprovincial free trade- without tariffs or other direct charges.

S. 132 Canadian Constitution act 1867

Implementation of treaties - gives parliament and government of Canada the power to fulfill obligations to foreign countries that arise from treaties (made by British empire on behalf of Canada.)

Constitution Act 1982

Charter of rights and Freedoms

The ‘big’ charter sections

S.1-33

Other key provisions

S. 35-52

Section 1 charter of rights and freedoms

Reasonable limits clause - charter rights are not absolute and may be limited by law if limits are reasonable.

Section 2 charter of rights and freedoms

fundamental freedoms (4):

A)freedom of conscience and religion

B) freedom of thought, belief, opinion and expression

C) freedom of peaceful assembly (peaceful protest and gathering)

D) freedom of association (right of employment to join or leave and form unions)

S. 3-5 charter of rights and freedoms

Democratic Rights (vote, elections, legislatures)

S.6 Charter of rights and freedoms

Mobility Rights (to enter/to leave Canada, to move between provinces)

S.7-14 charter of rights and freedoms

Legal rights - life, liberty, security

7: security against search and seizure

8: rights upon arrest or detention

9-10: rights for those charges with an offence; trial rights

11: guarantees a range of rights for people charged with an offense. Right to be informed without delay, to be tried within a reasonable time, to be presumed innocent until proven guilty, to reasonable bail.

12: right from cruel/unusual punishment

13: self incrimination - a witness cannot be forced to give evidence that can incriminate them

14: right to an interpreter

S. 15 charter of rights and freedoms

Equality rights - ensures that every individual is equal before and under the law without discrimination based on race, religion, sex, age or disability.

S.21-22 charter of rights and freedoms

Official languages - focuses on french and English but does not diminish other language rights or traditions.

S.23 charter of rights and freedoms

Minority language and Education - Gives Canadian citizens the right to have their children educated in English or french in provinces where their language is minority.

S. 24 charter of rights and freedoms

Enforcement and remedies - empowers courts to provide remedies when charter rights are violated

S. 24 (1) allows appropriate and just remedies

S. 24 (2) exclusion of evidence obtained in violation of charter rights

S.33 of the charter

Notwithstanding clause - allows parliament or a provincial legislature to declare than an Act or provision of it will operate notwithstanding certain charter rights EXCEPT mobility rights, for a maximum of 5 years.

S. 35 charter of rights and freedoms

Aboriginal and treaty rights - acknowledges prior occupation of Canada by indigenous peoples.

And affirms the existing aboriginal treaty rights of Indian, inuit and métis peoples of Canada.

S. 36 constitution act 1982

Equalization and regional fairness - commitment by federal and provincial governments to promote equal opportunities and ensure essential public services for all Canadians.

S. 38 constitution act 1982

Amending formulas - 7/50 rule. Requires approval from the federal parliament and a minimum of seven provinces representing at least 50% of population

Also covered through to S.38-49

S.52 constitution act 1982

Constitution is the supreme law of canada, any law that is inconsistent with the provisions of the constitution