Summary of the Charter of Rights and Freedoms

Charter of Rights and Freedoms Overview

  • Established by the British North America Act, 1867.

  • Renamed in the Constitution Act, 1982.

  • Protects Canadians' rights; allows challenges against government abuses.

Supreme Constitution

  • Section 52 (1982): Constitution as supreme law; inconsistent laws are invalid.

  • Remedies for unconstitutional laws: strike down, read down, read in.

Section 1 - Reasonable Limits Clause

  • Rights and freedoms are not absolute; limitations must be justified in a democratic society.

Application of the Charter

  • Applies to federal and provincial governments only, not private entities.

  • Involves public interactions, government entities, and actions.

Standing in Charter Claims

  • Private: direct personal impact.

  • Public: must meet three criteria related to legislation validity.

Charter Rights and Freedoms

  • Sections 2-5: Basic freedoms and democratic rights (e.g. free expression, voting).

  • Sections 7-11: Rights related to criminal law and fair trial processes.

Criminal Law Provisions

  • Sections 12-14: Rights concerning treatment and self-incrimination.

  • Section 15: Equality before the law; provisions for affirmative action.

R. v. Kapp Case

  • Test for discrimination under Section 15 includes evaluating distinctions based on enumerated grounds.

  • Group disadvantage can be upheld even if some members are not personally disadvantaged.

Oakes Test (Section 1 Analysis)

  • Governments must justify Charter infringements based on clarity, pressing objectives, and proportional means.

Carter v. Canada Case

  • Challenges to Criminal Code provisions regarding physician-assisted dying violation of rights under Section 7.

  • Laws must be justified through Section 1 analysis.

The Notwithstanding Clause (Section 33)

  • Allows governments to bypass Charter rights under certain conditions; requires review every 5 years.

Remedies for Charter Violations

  • Section 24(1): Right to remedy in cases of rights infringement, may include damages.

  • Section 24(2): Allows exclusion of wrongfully obtained evidence in court to uphold justice integrity.

Analyzing a Charter Case

  • Key questions: Is the Charter applicable? Has a right been infringed? Is the law using the notwithstanding clause? Does Section 1 justify the infringement?