Canadian Charter of Rights and Freedoms

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| label1 = Original title | data1 = | label2 = Created | data2 = 1980–1981 | label3 = Presented | data3 = | label4 = Ratified | data4 = April 17, 1982 | label5 = Date effective | data5 = | label6 = Revised | data6 = | label7 = Repealed | data7 = | label8 = Superseded | data8 = | label9 = Location | data9 = | label10 = Commissioned by | data10 = | label11 = Author(s) | data11 = Government of Canada | label12 = Signatories | data12 = Queen Elizabeth II | label13 = Media type | data13 = | label14 = Subject | data14 = | label15 = Purpose | data15 = Constitutional protection of individual rights and freedoms

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The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés) is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights to everyone in Canada from the policies and actions of all areas and levels of government.

History

The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Constitution Act, 1982. The Charter was a significant addition to the Canadian constitution, as it provided a constitutional guarantee of rights and freedoms that could not be easily overridden by legislation.

Key Provisions

The Charter is divided into several sections, each addressing different types of rights and freedoms:

• Fundamental Freedoms (Section 2): Includes freedom of conscience, religion, thought, belief, expression, peaceful assembly, and association.
• Democratic Rights (Sections 3-5): Includes the right to vote and the maximum duration of legislative bodies.
• Mobility Rights (Section 6): Includes the right to enter, remain in, and leave Canada.
• Legal Rights (Sections 7-14): Includes rights related to life, liberty, security, and fair legal proceedings.
• Equality Rights (Section 15): Guarantees equality before and under the law and equal protection and benefit of the law without discrimination.
• Official Languages of Canada (Sections 16-22): Addresses the status of English and French as the official languages of Canada.
• Minority Language Educational Rights (Section 23): Provides rights to education in a minority language.
• Enforcement (Section 24): Allows individuals to apply to the courts if they believe their rights have been infringed.
• General (Sections 25-31): Includes various provisions such as the rights of Aboriginal peoples and the application of the Charter.

Impact

The Charter has had a profound impact on Canadian society and law. It has been used to challenge and change laws and government actions that are seen as infringing on the rights and freedoms it guarantees. The Supreme Court of Canada has played a crucial role in interpreting the Charter and shaping its application.

Criticism and Controversy

While the Charter is widely celebrated, it has also faced criticism. Some argue that it gives too much power to the judiciary to interpret and strike down laws, which can be seen as undemocratic. Others believe that certain rights and freedoms are not adequately protected or that the Charter does not go far enough in addressing social and economic rights.

Related Pages

• Constitution of Canada
• Supreme Court of Canada
• Human rights in Canada
• Canadian Bill of Rights
• Constitution Act, 1982
• Fundamental justice
• Section Thirty-three of the Canadian Charter of Rights and Freedoms

See Also

• List of Canadian constitutional documents
• Judicial review in Canada
• Canadian federalism
• Civil liberties in Canada