Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms
Canadian Heritage · OGL-C 2.0 · source
Name	Canadian Charter of Rights and Freedoms
Jurisdiction	Canada
Enacted	1982
Documented	Constitution Act, 1982
Related	British North America Act, 1867; Constitution Act, 1982

Contents

Canadian Charter of Rights and Freedoms is a constitutional document protecting individual rights and civil liberties in Canada. It forms part of the Constitution Act, 1982 and transformed Canadian constitutional law, influencing interpretation by the Supreme Court of Canada, provincial courts, and public institutions such as the Royal Canadian Mounted Police and Ontario Human Rights Commission. The Charter interacts with historical instruments like the British North America Act, 1867 and political figures including Pierre Trudeau and events such as the Patriation of the Canadian Constitution.

Background and Enactment

The Charter emerged from the patriation process led by Pierre Trudeau and debates involving premiers such as René Lévesque and Bill Davis, culminating in the Constitution Act, 1982. Negotiations drew on precedents from the Canadian Bill of Rights and models like the United States Bill of Rights and the Universal Declaration of Human Rights. Legal scholars including Peter Hogg and politicians from parties such as the Liberal Party of Canada and the Progressive Conservative Party of Canada shaped drafting. Key events influencing enactment included the Kitchen Accord discussions and the finalization at the Charlottetown Conference (1864) legacy debates, with assent by Queen Elizabeth II in Ottawa.

The Charter enumerates protections including freedom of conscience, expression, assembly, and religion, influencing decisions affecting institutions like the Canadian Broadcasting Corporation and organizations such as the Canadian Civil Liberties Association. Sections guarantee legal rights such as protection against unreasonable search and seizure, the right to counsel, and fair trial standards implicated in cases involving the Royal Canadian Mounted Police and provincial bodies like the Ontario Court of Appeal. Equality rights under the Charter have been invoked by groups including the Canadian Human Rights Commission and litigants from communities represented by organizations such as the Native Women's Association of Canada and the Canadian Bar Association.

Section 1 permits reasonable limits demonstrably justified in a free and democratic society, a principle clarified by the Oakes test established in R v Oakes. The Court applied this framework in disputes involving public safety agencies such as the Ontario Provincial Police and policy measures by federal departments like Department of Justice (Canada). Judicial balancing has referenced comparative jurisprudence from the European Court of Human Rights and cases from the United States Supreme Court while adjudicating issues raised by parties including the Canadian Civil Liberties Association and provincial attorneys general such as those from Alberta and Quebec.

Sections 24–25 provide remedies and protect existing Aboriginal and treaty rights under instruments like the Royal Proclamation of 1763 and agreements involving groups such as the Assembly of First Nations and the Inuit Tapiriit Kanatami. Section 24 allows courts to grant remedies including exclusion of evidence in criminal prosecutions involving the Supreme Court of Canada and provincial courts like the Court of Appeal for Ontario. Section 25 ensures that the Charter does not abrogate rights recognized by historic treaties such as the Numbered Treaties or by statutes like the Indian Act. Enforcement actions have involved federal bodies such as Indigenous and Northern Affairs Canada and litigation before tribunals like the Canadian Human Rights Tribunal.

Decisive rulings include R v Oakes (Oakes test), R v Morgentaler (abortion law), R v Big M Drug Mart Ltd. (Sunday closing laws), R v Sparrow (Aboriginal rights test), and R v Keegstra (hate speech). Other landmark decisions include R v Lavallee (battered woman defence), R v Gladue (sentencing and Indigenous offenders), Reference Re Secession of Quebec (secession framework), and R v Jordan (trial delay). These cases involved actors like the Attorney General of Canada, provincial attorneys general, and advocacy groups such as the Canadian Civil Liberties Association and the National Action Committee on the Status of Women.

The Charter reshaped legislative drafting in federated jurisdictions including Ontario, Quebec, and British Columbia and affected institutions such as the Canadian Armed Forces and municipal councils like the City of Toronto. It influenced policy areas from criminal justice reform debated in the House of Commons and the Senate of Canada to equality legislation inspired by groups like the Canadian Women's Foundation. The Charter catalyzed litigation strategies by organizations such as the Canadian HIV/AIDS Legal Network and civil liberties advocacy from the B'nai Brith Canada and multicultural groups including the Canadian Arab Federation. Internationally, the Charter has been studied alongside instruments like the European Convention on Human Rights and cited in comparative law scholarship by academics linked to universities such as the University of Toronto and McGill University.

Category:Constitution of Canada Category:Human rights in Canada