4.1

The Canadian Charter of Rights and Freedoms

Introduction

  • Date: 1/3/2023

  • Course: LAW 101

  • Context: Constitution Act, 1982

What Will Be Covered in This Lecture

  • Definition of the Canadian Charter of Rights and Freedoms

  • Origin of the Canadian Charter of Rights and Freedoms

  • Functionality of the Canadian Charter of Rights and Freedoms

Definition of the Canadian Charter of Rights and Freedoms

  • The Canadian Charter of Rights and Freedoms is a critical document that is part of Part 1 of the Constitution Act, 1982, which is Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11.

  • Sections of the Charter

    • Contains a total of 34 sections that outline various rights and limitations.

    • Rights Limitation: Section 1 establishes the framework for the limitations of rights.

    • Fundamental Freedoms: Section 2 lists the fundamental freedoms such as freedom of expression, freedom of assembly, etc.

    • Democratic Rights: Sections 3 to 5 cover the democratic rights of citizens, including the right to vote.

    • Legal Rights: Sections 7 to 15 detail rights related to legal matters, including the right to life, liberty, and security.

    • Equality Rights: Section 15 protects individuals from discrimination.

    • Notwithstanding Clause: Section 33 allows Parliament to pass laws that operate notwithstanding the Charter, effectively exempting them from certain provisions of the Charter.

Purpose of the Charter

  • The Canadian Charter of Rights and Freedoms is described as a purposive document. Its main goals include:

    • Guaranteeing and protecting the rights and freedoms it enshrines, within reasonable limits.

    • Constraining government action that contradicts these rights and freedoms.

Definition by the Supreme Court of Canada

  • The Supreme Court of Canada remarks on the Charter's purpose in the case Hunter v Southam Inc, [1984] 2 SCR 145, emphasizing its role in ensuring the protection of individual rights against government encroachment.

Historical Context of the Charter

  • Legalized Racism in Canada: The development of the Charter can be contextualized within historical instances of legalized racism, including the portrayal of government actions such as the Royal Canadian Navy officer questioning a fisherman during a confiscation event.

Origins of the Charter

  • Key historical documents and events leading to the Charter:

    • Universal Declaration of Human Rights, 1948: A foundational treaty that inspired many Canadian human rights laws.

    • Canadian Bill of Rights, 1960: A preliminary federal document aimed at protecting rights.

    • Constitutional Negotiations (1980-1981): Discussions that eventually resulted in the Charter's inclusion in the Constitution Act.

Application of the Charter

  • Section 32(1) outlines the applicability of the Charter:

    • The Charter applies to:

    • The Parliament and government of Canada regarding all matters under its authority, including the Yukon Territory and Northwest Territories.

    • The legislatures and governments of each province concerning matters within their respective legislative authorities.

Judicial Review under the Charter

  • The Charter facilitates judicial review, allowing courts to assess and regulate the legality of laws and government actions against the Charter's provisions.

  • Source: Supreme Court of Canada

Closing Notes

  • Background image credits and music acknowledgments include "Pictures of the Floating World" by Pale Tussuck, licensed under CC BY-SA 4.0, and photography by Steve Johnson from Pexels, edited by Anna Priemaza.