1. The Canadian Charter of Rights and Freedoms
CLN4U

2. Recall… Charter is entrenched in the Constitution
Included as part of the patriation process in 1982
As a constitutional document, the Charter takes precedence over all legislation
Over the last 30 years, it has been somewhat common for legislation struck down because it contravenes the Charter

3. Fundamental Freedoms The Charter guarantees four fundamental freedoms
Religion
Expression
Peaceful Assembly
Association
These rights apply to everyone

4. Other rights protected under Charter
Some rights don’t apply to everyone (for example only to citizens)
Democratic rights
Mobility rights
Legal rights
Equality rights
Language rights
Aboriginal and multicultural heritage rights

5. Can these rights be violated?
Yes
There are two legal ways for the government to violate our Charter rights:
Section 1
Section 33

6. Section 1: The Reasonable Limits Clause
“1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

7. Section 1: The Reasonable Limits Clause
R. v. Oakes established a two-part test, often referred to as the Oakes test.
Can a limit be justified?
Is objective of legislation important enough in terms of societal concerns to warrant overriding a right?
Proportionality test
Rational connection between the limitation of rights and the objective of the legislation?
Aka rational connection
Does the limitation impair rights or freedoms as little as possible?
Aka minimal impairment
Are the effects of the limitation proportional to the objective?

8. Section 33: The Notwithstanding Clause
33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter

9. Section 33: The Notwithstanding Clause
Basically: a Provincial legislature can pass a law that is inconsistent with the Charter
Legislation must be reviewed every 5 years
Open to great use, but used very rarely:
Quebec (language laws)
Saskatchewan (back-to-work legislation in 1986)