Charter of Rights and Freedoms

Charter of Rights and Freedoms
Short title	Canadian Charter of Rights and Freedoms
Caption	The first page of the Charter, as part of the Constitution Act, 1982.
Citation	Schedule B to the Canada Act 1982 (UK), c 11
Enacted by	Parliament of the United Kingdom
Royal assent	29 March 1982
Commenced	17 April 1982
Related legislation	Constitution Act, 1982, Canadian Bill of Rights
Status	In force

Charter of Rights and Freedoms is a pivotal part of the Constitution Act, 1982, which forms the supreme law of Canada. It guarantees fundamental political and civil rights to every Canadian citizen and permanent resident, placing enforceable limits on the actions of all levels of government. The Charter was enacted as part of the patriation of the Canadian constitution, a process championed by Prime Minister Pierre Trudeau and finalized with the proclamation of Queen Elizabeth II in Ottawa.

Background and enactment

The movement for a constitutionally entrenched bill of rights gained momentum following the ineffectiveness of the statutory Canadian Bill of Rights of 1960. Key political figures, including Prime Minister Pierre Trudeau and Justice Minister Jean Chrétien, spearheaded the effort, which culminated in intense negotiations known as the Kitchen Accord. This late-night agreement between Jean Chrétien, Saskatchewan’s Attorney General Roy Romanow, and Ontario’s Attorney General Roy McMurtry resolved a final impasse with provincial premiers. The Charter was formally enacted as Schedule B to the Canada Act 1982, passed by the Parliament of the United Kingdom, and was proclaimed into force by Queen Elizabeth II on Parliament Hill in Ottawa on April 17, 1982, completing the patriation of the constitution.

Guarantee of Rights and Freedoms

Section 1 of the Charter guarantees the rights and freedoms set out within it, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This provision has been the subject of landmark interpretation by the Supreme Court of Canada in cases such as R v Oakes, which established the Oakes test for justifying limits on rights. Furthermore, Section 32 states that the Charter applies to the Parliament of Canada, the Government of Canada, and the legislatures and governments of each province and territory.

Fundamental Freedoms

Section 2 guarantees fundamental freedoms for everyone in Canada, including freedom of conscience and religion, freedom of thought, belief, opinion and expression, freedom of peaceful assembly, and freedom of association. These freedoms have been central to numerous Supreme Court decisions, such as R v Big M Drug Mart Ltd on religious freedom and Irwin Toy Ltd v Quebec (Attorney General) on commercial expression. The interpretation of these freedoms often involves balancing them against other Charter rights or societal interests under Section 1.

Democratic Rights

Sections 3 through 5 protect democratic rights, ensuring every citizen has the right to vote in elections for the House of Commons and provincial legislative assemblies, and to be qualified for membership therein. These sections also mandate that no House of Commons or legislative assembly can continue for longer than five years, except in times of real or apprehended war, invasion or insurrection. The right to vote was significantly expanded in cases like Sauvé v Canada (Chief Electoral Officer), which struck down a ban on voting for prisoners.

Mobility Rights

Section 6 enshrines mobility rights for Canadian citizens and permanent residents, granting them the right to enter, remain in, and leave Canada. It also provides the right to move to and take up residence in any province to pursue livelihood, though this right is subject to laws of general application, such as provincial residency requirements for social benefits, as examined in cases like Canadian Egg Marketing Agency v Richardson.

Legal Rights

Sections 7 through 14 outline key legal rights for individuals dealing with the justice system. These include the right to life, liberty and security of the person (Section 7), and protection against unreasonable search or seizure (Section 8). Other protections include rights upon arrest or detention, such as the right to retain and instruct counsel without delay (Section 10(b)), and the right to a fair trial (Section 11(d)). Landmark cases interpreting these rights include R v Morgentaler on Section 7 and R v Collins on Section 8.

Equality Rights

Section 15 came into effect in 1985 and guarantees equality before and under the law and equal protection and benefit of the law without discrimination. The listed grounds include race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. The Supreme Court’s first major interpretation in Andrews v Law Society of British Columbia established an analytical framework for discrimination claims. Subsequent cases, such as Egan v Canada and Vriend v Alberta, have expanded the understanding of analogous grounds like sexual orientation. Category:Canadian law Category:Constitution of Canada Category:Human rights in Canada