The Canadian Charter of Rights and Freedoms (CCRF )

The Canadian Charter of Rights and Freedoms (CCRF)

Remember… • The Charter is part of the Canadian Constitution enacted under the Government of Prime Minister Pierre Trudeau. • The Constitution is a set of laws containing the basic rules about how our country operates. • The Charter came into effect on April 17, 1982. It was part of a package of reforms contained in a law called the Constitution Act, 1982. • The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.

Rights and Freedoms – what do they mean? • RIGHT:legal, moral, or social claim that people are entitled to, primarily from their government. • A legal right is something that cannot be given to you one time and then denied another time. If you have a legal right, then some other person has a legal duty to see that this right is honoured. If it isn't, you can rely on the law to see that something is done about the matter. • Example – a person accused of committing an offence is entitled to a fair trial. • FREEDOM: freedom is a right – the right to live your life without interference from the government. • Example – you have the right to seek employment anywhere in Canada. • When would someone give up their rights/freedom? • Rick Sauvé Case -

What do you think are some rights and freedoms that Canadians are entitled to?

Some of the rights and freedoms contained in the Charter are: • freedom of expression • the right to a democratic government • the right to live and to seek employment anywhere in Canada • legal rights of persons accused of crimes • Aboriginal peoples' rights • the right to equality, including the equality of men and women • the right to use either of Canada's official languages • the right of French and English minorities to an education in their language • the protection of Canada's multicultural heritage

The Highest Law in Canada – Constitutional • The Constitution is the supreme law of Canada. • All other laws must be consistent with the rules set out in the Constitution. If they are not, they may not be valid. • Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. This makes the Charter the most important law we have in Canada.

Historical Significance • The movement for human rights and freedoms emerged after World War II - also wanted to adhere to the principles in the Universal Declaration of Human Rights. • Why was this a significant time period for Human Rights Laws and Declarations?

The Bill of Rights • The Charter was preceded (came before) by the Canadian Bill of Rights, which was enacted in 1960. • The Bill of Rights was only a federal statute, rather than a constitutional document - it was limited in scope, was easily changed by Parliament, and it had no application to provincial laws. • The ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. • The Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights. • http://www.youtube.com/watch?v=PytJZLfCJlI Prime Minister Diefenbaker displaying the Bill of Rights of 1958

The Canadian Charter of Rights and Freedoms (CCRF )