The Canadian Charter of Rights & Freedoms

Question 1

What is the Canadian Charter of Rights & Freedoms, and when was it enacted?

Answer 1

Enacted in 1982 as part of the Canadian Constitution, the Charter of Rights & Freedoms is a collection/outline of constitutionally guaranteed rights for Canadians that cannot be infringed, unless the government can show that an infringement is demonstrably justified in a free and democratic society

Question 2

What are the 6 fundamental elements/pillars of the Charter?

Answer 2

1. Fundamental freedoms (conscience and religion, opinion and expression, assembly and association)
2. Legal rights (search and seizure, arrest, criminal procedure, detention and imprisonment)
3. Equality rights
4. Rights of minority language education and denominational schools
5. The reasonable limits clause
6. Democratic rights

Question 3

What does Section 1 of the Charter state?

Answer 3

“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”

Section 1 can be used to justify a limitation on a person’s Charter rights – also known as the reasonable limits clause

Simultaneously protects rights by ensuring that the government cannot limit them without justification

Question 4

What is the Section 1 analysis?

Answer 4

The process used to determine whether or not a law that infringes a Charter right can be saved (i.e. whether or not the law can still be enacted)

Looks at:
1. Limits prescribed by law
2. The justification of the limits applied (via the Oakes Test) – evaluating pressing/substantial objectives and proportionality (rational connection, minimal impairment, proportionate effect)

Question 5

What is Section 24 of the Charter?

Answer 5

Section 24 provides people who believe that their Charter rights have been infringed/violated by the government or its agencies with the right to challenge the government in court

Question 6

What is Section 33 of the Charter?

Answer 6

Section 33 was included in the Charter as a compromise to convince the leaders of all of the provinces to sign the Canadian Constitution

It is known as the notwithstanding clause, and it enables federal and provincial governments to limit the application of the Charter

Section 33 applies to Section 2 (Fundamental Freedoms) and Sections 7-15 (Legal and Equality Rights) of the Charter

Laws enacted with the use of Section 33 must be reviewed every 5 years

Question 6

What is Section 32 of the Charter?

Answer 6

Section 32 outlines that the Charter only applies to situations between the government and individuals, not private issues between individuals, which are regulated by provincial human rights codes

Section 32 states that some rights guaranteed by the Charter apply to Canadian citizens, tourists, visitors, permanent residents, etc (e.g. Fundamental Freedoms), whereas others only apply to Canadian citizens (e.g. Democratic and Mobility Rights)