1. The Canadian Charter of Rights and Freedoms:
The Enactment of the Charter

2. 1948 UN adopts Universal Declaration of Human Rights
1960 Canadian Bill of Rights
1968 Pierre Trudeau elected Prime Minister
1971 Victoria Charter
1980
May - Quebec Referendum
October Charter Tabled in the House of Commons

3. 1980 – 82 Debate First ministers and Government
Transfer of power from the hands of elected officials to “unelected and unaccountable” judges
Notwithstanding clause
Undermine parliamentary sovereignty & Role of Monarchy
Autonomy of the provinces

4. Interest Groups and Activists
Wanted to strengthen and expand rights guaranteed in Charter
: campaigned at Parliamentary Committee meetings
Amendments to sections 1 -15

5. Instrument of Nation building
Common values of citizenship
Entrenchment of rights enjoyed by all Canadians
Bridging of regionalism
Common reference point for all Canadians
A collective political identity

6. First 25 years of the Charter
Positive contribution to law and politics
35% success rate for cases
Meaningful and substantial limit on government authority
Social and economic policy
Language rights

7. The Judiciary
Cases mainly deal with the enforcement of rights in Criminal law and procedure
Section 91(27) of CA, 1867
Sections 7 – 14 (Legal Rights)
Invalid statutes
section 1
Substitute alternative policy or laws

8. Outcomes Seen as a good thing all over Canada
Has not weakened the provinces’ power
Managed to balance the rights of the individual with collective welfare

9. Questions:
Does the Notwithstanding clause have a place in the Charter?
In 1997, Dean Peter Hogg and Allison Bushell wrote an article on ‘Charter Dialogue’. Do you believe that there is a ongoing dialogue between the judiciary and legislative? In Charter Dialogue, does one side have more power?

10. THANK YOU!!