I then distributed the Government of Canada's official guide to the Charter and we clarified some of the sections of it. We discovered some interesting things about the Charter including:
The Canadian Charter of Rights and Freedoms is a set of laws containing the basic rules about how our country operates. For examples, it contains the powers of the federal government and the powers of the provincial governments of Canada.
The Charter also sets out the Rights and Freedoms that Canadians believe are necessary in a free and democratic society including:
- Freedom of Expression
- Our right to live and seek employment anywhere in Canada
- Our right to a democratic government
- The rights of anyone accused of crimes
- Aboriginal Peoples' rights
- The right to equality, including the equality of women and men
- Our right to use either of Canada's official languages (French, English)
- The right of linguistic minorities to an education in their own language
- The protection of Canada's multicultural heritage
WHY is it important that the Charter is part of our Constitution?
The Constitution is the supreme law of Canada and all other laws must be consistent with the rules set out in the Constitution - if they are not they may not be valid. Because 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.
The Charter does, however, allow governments to put some limits on some Charter rights. This is set out in Section 1 which says that other laws may limit the rights and freedoms in the Charter so long as those laws are reasonable and justified in a free and democratic society. So, a law that limits a Charter right is still valid if it confirms with Section 1.
Also, the federal Department of Justice must make sure that new laws proposed by the federal government comply with the Charter.
How Long has the Charter been in Force?
The Charter came into effect on April 17, 1982 as part of a package of reforms contained in The Constitution Act, 1982.
Are All of Your Rights contained in the Charter?
No. The Charter contains those rights and freedoms that Canadians believe are essential in a free and democratic country. Many other laws create rights too. The federal, provincial and territorial governments all have laws that provide rights and freedoms: laws against discrimination in employment and accommodation, consumer protection laws, environmental laws, and, in the area of criminal law, laws that give rights to witnesses, victims and those accused of crimes. There are many more as well.
Who Enjoys Charter Rights?
Generally, any person in Canada, whether a Canadian citizen, a permanent resident or a newcomer, has the rights and freedoms contained in the Charter. There are some exceptions as follows:
Some rights are limited only to Canadian citizens: the right to vote (s.3) and the right to enter, remain in and leave Canada (s.6).
What Can I Do If My Charter Rights Have Been Denied?
The Charter allows for three kinds of actions to those whose rights have been denied. They are called, "legal remedies."
1. A person can ask a court for a remedy that is "appropriate and just in the circumstances." For example a court may stop proceedings against a person charged with an offence if his or her right to a trial within a reasonable time has been denied.
2. A second remedy is available when persons carrying out investigations for the government (e.g. police officers) violate a person's Charter rights. This may happen when the police improperly search for evidence on a private property and violate a person's right to privacy. In this situation a person can ask a court to order that the evidence not be used against the person in a trial. A court would make an order like this if the evidence at a trial would "bring the administration of justice into disrepute." (s.24)
3. Finally, if a court finds that a law violates Charter rights, it can rule that the law has no force (s.52of the Constitution Act, 1982).
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