Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, known as the Charter, is a constitutional document that forms part of the Constitution of Canada. It was enacted as Schedule B to the Canada Act 1982 (UK), which forms part of the Constitution Act, 1982, which also includes the Canada Act 1982 (UK). The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights. This united the nation's previously granted rights in a single document.
The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Canada Act 1982, which was a prerequisite for the United Kingdom to grant Canada full sovereignty. The process was initiated by the Patriation Reference, which ruled that the Constitution of Canada could not be unilaterally amended by the Canadian parliament and that a constitutional amendment requires the consent of the provincial governments.
Content
The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights. This united the nation's previously granted rights in a single document.
The Charter protects several rights and freedoms, including:
Fundamental Rights and Freedoms
- Equality Rights: The right to equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
- Democratic Rights: The right to participate in political activities, including the right to vote and the right to be a candidate for elected office.
- Mobility Rights: The right to enter, remain in and leave Canada, and the right to move and take up residence in any province or territory.
- Legal Rights: The right to be presumed innocent until proven guilty, the right to remain silent, and the right to a fair and public trial.
Legal and Judicial Rights
- Right to Counsel: The right to be informed of the right to counsel, the right to be represented by a lawyer, and the right to have a lawyer present during interrogation.
- Freedom from Arbitrary Detention: The right to be detained only on reasonable grounds, and the right to be informed of the reason for detention.
Other Rights and Freedoms
- Freedom of Expression: The right to freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
- Freedom of Assembly and Association: The right to peaceful assembly and association, including the right to form and join trade unions and other associations.
- Freedom of Religion: The right to freedom of conscience and religion, including the right to practice any religion.
The Charter also includes several other rights and freedoms, such as the right to life, liberty and security of the person, the right to property, and the right to education. These rights are protected by law, and any infringement of these rights must be justified in accordance with the principles of fundamental justice.
The Charter is interpreted and enforced by the courts, and any person whose rights or freedoms have been infringed may apply to the courts for a remedy. The courts have the power to declare any law or government action that is inconsistent with the Charter to be of no force or effect.
Impact
The Charter has had a profound impact on Canadian society, politics and law. It has been used by the courts to strike down laws and government actions that are inconsistent with its provisions, and has been cited in many court cases to support arguments about individual rights and freedoms.
The Charter has also influenced the development of human rights law in other countries, and has been used as a model for other constitutional documents around the world.
Challenges and Criticisms
Despite its successes, the Charter has faced criticism and challenges. Some critics argue that it has been used to unduly restrict the power of government to regulate and legislate in the public interest, and that it has been interpreted in ways that are overly expansive and have the effect of undermining other important rights and freedoms.
Significance
The Canadian Charter of Rights and Freedoms is a cornerstone of Canadian democracy and the rule of law. It reflects Canada's commitment to protecting the rights and freedoms of its citizens and promoting the values of equality, democracy and human dignity.
