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

When would someone give up their

rights/freedom?• Case 1: Inmates vs. Victims Rights• http://www.cbc.ca/archives/categories/politics/rights-fre

edoms/voting-in-canada-how-a-privilege-became-a-right/have-they-forfeited-their-right.html

• What is the position of both sides? • What valid points do they make to back up their

positions?

• Case 2: Rick Sauvé Case – Inmates Right to Vote• http://www.cbc.ca/archives/categories/politics/rights-fre

edoms/voting-in-canada-how-a-privilege-became-a-right/all-inmates-can-vote.html

• Why would inmates want to vote?• Do you agree or disagree with Rick Sauvé?

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