Evolution of the Charter

U.K. Influence - English Common Law, Customs & Traditions

For example - Parliamentary & Legislative Supremacy

Bill of Rights, 1960CBC Bill of Rights

Trudeau becomes P.M. 1968

Victoria Charter, precursor to Charter

P.M. ‘71 gets provinces together

Quebec wants increased autonomy

Canada Act 1982

Patriation of Constitution

Canada Act 1982

1.BNA Act 1867 became Constitution Act 1867

2. plus Constitution Act 1982 (amending formula and Charter of Rights and Freedoms)

Charter of Rights & Freedoms

Rights, Freedoms, Enforcement, Notwithstanding Clause

Limits on the Charter

1. s. 32 applies to public sector only, relationship between government & individuals

Limits on the Charter

2. s. 1 rights and freedoms may be limited under this section

Limits on the Charter

3. s. 33 Notwithstanding Clause

How and Why NOTWITHSTANDING?● Trudeau had to contend with skittish

provinces

● To get buy in, allowed them an out, an opportunity to pass legislation notwithstanding (in spite of) the Charter

The Details on Notwithstanding● Exception: ss 3 - 6 and ss. 16 - 23● Government needs to specify which

section(s) are being circumvented● Limit of 5 years

Quebec enacts as protest, 1982

Quebec enacts as protection, 1988

Alberta: The Marriage Amendment Act 2000

● tried to define marriage as one man and one woman, SCC said federal jurisdiction thus you can’t invoke s33 for this