Charter of Rights and Freedoms 1982

Charter of Rights and Freedoms 1982
Name	Charter of Rights and Freedoms 1982
Official name	Canadian Charter of Rights and Freedoms
Adopted	April 17, 1982
Location	Canada
Governing document	Constitution Act, 1982
Jurisdiction	Canada

Charter of Rights and Freedoms 1982 The Charter of Rights and Freedoms 1982 is the constitutional instrument entrenched in the Constitution Act, 1982 that guarantees civil and political rights across Canada. It was patriated under Pierre Trudeau and proclaimed during ceremonies attended by Elizabeth II and other Commonwealth figures, reshaping relationships among provinces such as Quebec, Ontario, and British Columbia. The Charter interacts with institutions including the Supreme Court of Canada, provincial legislatures like the Legislative Assembly of Alberta, and federal bodies such as the House of Commons of Canada.

History and enactment

The Charter emerged from negotiations culminating in the Constitution Act, 1982 and entrenchment by the Canada Act 1982 passed by the Parliament of the United Kingdom and adopted by the Canadian federal cabinet led by Pierre Trudeau. Constitutional conferences, notably the Victoria Charter and the Meech Lake Accord discussions, influenced its drafting alongside provincial responses from premiers including René Lévesque of Quebec and Bill Davis of Ontario. Advocacy by legal scholars like Peter Hogg and civil liberties groups such as the Canadian Civil Liberties Association and the Canadian Bar Association shaped provisions addressing language rights involving Official bilingualism in Canada and Indigenous rights tied to the Constitution Act, 1876 and later litigated by leaders associated with Assembly of First Nations and organizations such as Native Women’s Association of Canada.

Structure and key rights

The Charter, appended to the Constitution Act, 1982, comprises sections addressing fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights, and enforcement mechanisms invoking the Canadian Charter of Rights and Freedoms § Enforcement. Key provisions include protections of freedoms of expression and religion invoked in disputes involving figures like Henry Morgentaler and institutions such as Canadian Broadcasting Corporation. Democratic rights correlate with representations in bodies like the Senate of Canada and electoral statutes administered by Elections Canada. Mobility and equality rights have been applied in contexts involving provinces including Saskatchewan and Nova Scotia and in litigation before the Federal Court of Canada and provincial superior courts.

Interpretation and landmark cases

Judicial interpretation by the Supreme Court of Canada has produced landmark rulings including R v Oakes on burden of proof and proportionality, R v Big M Drug Mart Ltd on freedom of religion, R v Morgentaler on reproductive rights, Vriend v Alberta on sexual orientation discrimination, and R v Sharpe on expression and limits. Decisions in cases such as Reference re Manitoba Language Rights and R v Malmo-Levine have clarified language and criminal law intersections; other notable matters include disputes involving Law Society of British Columbia and appeals from judges formerly of the Court of Appeal for Ontario. International human rights instruments like the Universal Declaration of Human Rights and comparative jurisprudence from the European Court of Human Rights and the Supreme Court of the United States have influenced the Court’s reasoning in Charter cases.

Limitations and reasonable limits (Section 1)

Section 1, the reasonable limits clause, authorizes limits that are "demonstrably justified in a free and democratic society," a test refined in R v Oakes and applied in subsequent rulings such as R v Keegstra and R v Butler. The proportionality analysis balances competing interests involving public safety authorities including the Royal Canadian Mounted Police and policy actors like the Department of Justice (Canada), with legislative measures from assemblies such as the Legislative Assembly of Manitoba tested against Charter guarantees. Academic commentary by jurists such as Bora Laskin and scholars like Kent Roach has debated Section 1’s scope relative to statutes including the Criminal Code and provincial human rights codes such as the Ontario Human Rights Code.

Notwithstanding clause (Section 33)

Section 33, the notwithstanding clause, permits legislatures to override certain Charter rights temporarily, a mechanism invoked historically by provincial governments including Quebec under leaders like René Lévesque and considered in debates involving premiers such as Mike Harris of Ontario. Use of Section 33 has prompted reactions from municipal bodies like the City of Toronto and civil society organizations such as the Canadian Civil Liberties Association and the Canadian Labour Congress. Parliamentary and provincial strategic choices about invoking the clause have been discussed in the context of constitutional politics involving the Charlottetown Accord and public figures such as Jean Chrétien and Stephen Harper.

Impact on Canadian law and society

The Charter has transformed legal practice in institutions such as the Supreme Court of Canada, provincial courts, and the Federal Court of Canada, influencing legislation passed by bodies like the Parliament of Canada and provincial legislatures. It has shaped rights recognition for groups represented by the Assembly of First Nations, advocacy organizations like Egale Canada, and professional associations including the Canadian Medical Association. Social policy debates on issues such as same-sex marriage adjudicated in cases involving parties like Halpern v Canada intersect with federal statutes including the Civil Marriage Act. The Charter’s role in constitutional litigation continues to engage academics at institutions like the University of Toronto and the University of British Columbia and remains central to discussions on federalism, multicultural rights exemplified by connections to Multiculturalism in Canada, and reconciliation efforts involving the Truth and Reconciliation Commission.

Category:Constitution of Canada