 The Charter was significantly inspired by documents such as the 1948 United Nations Universal Declaration of Human Rights  Passed by the United Nations  Recognized inalienable rights and fundamental freedoms  See Pages 38-43

 Guaranteed the freedoms of: Thought Opinion Expression Conscience Religion Peaceful Assembly and Association  It also declared: Equal rights for Men and Women Equality before the Law Innocent until Proven Guilty Education Rights Freedom from Torture or Inhumane Punishment

 Canada's original Constitution, the British North America Act, was passed in 1867 by British Parliament.  This Act, also known as the Constitution Act, 1867, founded Canada as a nation.  It made elected governments the highest political and legal institutions in the country.  Canada's Constitution did not have a "Bill of Rights" that governments had to follow.

 The Canadian Parliament attempted to codify rights and freedoms across Canada

 A statute law enacted by Prime Minister John Diefenbaker, the Canadian Bill of Rights recognized: ◦ The right of individuals to life, liberty, personal security and enjoyment of property ◦ Freedom of religion, speech, assembly and association ◦ Freedom of the press ◦ The right to counsel and the right to a fair hearing

 The Bill of Rights had limitations:  It was a federal statute and it applied only to matters under federal jurisdiction  Had the same status as other statutes: ◦ It did not take precedence over any other statutes ◦ It could also be amended, or even eliminated by a majority vote in the House of Commons.

 People including PM Pierre Trudeau believed the Bill of rights did not offer Canadians sufficient protection  Sought to entrench rights and freedoms into the Canadian Constitution  Entrench – to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution

 When Canada's Constitution was patriated(brought home) in 1982, the Constitution Act included the Canadian Charter of Rights and Freedoms: ◦ Ensures that people are protected, regardless of the government in power ◦ Also means that these rights and freedoms became constitutional law, which overrides all other laws ◦ Any federal or provincial law must be consistent with the terms of the Constitution

 Some of the rights and freedoms contained in the Charter are:  freedom of expression  the right to a democratic government  the right to live and to seek employment anywhere in Canada  legal rights of persons accused of crimes  Aboriginal peoples' rights  the right to equality, including the equality of men and women  the right to use either of Canada's official languages  the right of French and English linguistic minorities to an education in their language  the protection of Canada's multicultural heritage.

 The Charter shifted the power from the supremacy of Parliament and legislatures towards supremacy of the Constitution  Not all premiers agreed with entrenching rights and freedoms in the Constitution ◦ Some felt that entrenching certain rights and freedoms would reduce the law-making powers of Canadian governments

 Premiers only agreed to the Charter on the condition they had limited power to override (to prevail over) it  Section 33 of the Charter grants the federal government and provincial governments limited power to pass laws that may violate freedoms or rights in the Charter (s 2 and s 7 to 15 of the Charter)  When invoked (to put into effect), the particular law must specify what sections of the Charter are being overridden  Expires every 5 years and rarely used

 Quebec Bill 101  Required all public signs to be in French only  The Supreme Court of Canada ruled that Quebec's Bill 101 was invalid because it infringed on freedom of expression  The Quebec government responded by bringing in another bill and invoking the notwithstanding clause to allow the "French only" law to stand.

 Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed.  The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights.

 This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as hate speech (e.g., in R. v. Keegstra) and obscenity (e.g., in R. v. Butler).  It has also been used to protect from the unreasonable interference of government in the lives of people in a free and democratic society by defining these limits.

 Any person in Canada, whether Canadian citizen, a permanent resident or a newcomer, has the rights and freedoms contained in the Charter.  There are some exceptions: ◦ The right to vote( Section 3) ◦ The right to enter, remain in and leave Canada (Section 6)

 To make a change to the Charter, the federal Parliament and seven of the 10 provincial legislatures must agree to it.  The population of those seven provinces must also make up at least 50 per cent of the total population of Canada.  The Charter has been amended only twice since 1982 –  HWK: find out the 2 amendments….