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Evolution of the Charter

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Presentation on theme: "Evolution of the Charter"— Presentation transcript:

1 Evolution of the Charter

2 U.K. Influence - English Common Law, Customs & Traditions

3 For example - Parliamentary & Legislative Supremacy
that the parliament branch (Cabinet, H of C and Senate) and the provincial legislatures are the highest political and law making authorities in the country

4 Bill of Rights, 1960 CBC Bill of Rights Indicates not revolutionary - rights and freedoms we already have by accident of inheritance - to formalize Canadians should define what we mean by freedoms Not entrenched, thus easily changed Useless unless enacted. We are under a constitution but it is what the judges say it is. Applies to Federal jurisdiction only A positive sign.

5 Trudeau becomes P.M. 1968

6 Victoria Charter, precursor to Charter
P.M. ‘71 gets provinces together Quebec wants increased autonomy Quebec declines

7 Canada Act 1982 Patriation of Constitution

8 Canada Act 1982 BNA Act 1867 became Constitution Act 1867 plus Constitution Act 1982 (amending formula and Charter of Rights and Freedoms)

9 Charter of Rights & Freedoms
Rights, Freedoms, Enforcement, Notwithstanding Clause

10 Limits on the Charter 1. s. 32 applies to public sector only, relationship between government & individuals

11 Limits on the Charter 2. s. 1 rights and freedoms may be limited under this section

12 Limits on the Charter 3. s. 33 Notwithstanding Clause

13 How and Why NOTWITHSTANDING?
Trudeau had to contend with skittish provinces To get buy in, allowed them an out, an opportunity to pass legislation notwithstanding (in spite of) the Charter

14 The Details on Notwithstanding
Exception: ss and ss Government needs to specify which section(s) are being circumvented Limit of 5 years

15

16 Quebec enacts as protest, 1982
1985 New Liberal Provincial Party

17 Quebec enacts as protection, 1988
French only signs inside and outside of commercial businesses Revised 1993 after criticism from UN

18 Alberta: The Marriage Amendment Act 2000
tried to define marriage as one man and one woman, SCC said federal jurisdiction thus you can’t invoke s33 for this

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