THE CHARTER:THE CHARTER:

Lesson OneLesson One

History of the CharterHistory of the Charter Before 1982, Canada had the Before 1982, Canada had the Canadian Bill of Canadian Bill of

Rights. Rights. Although it was a step in the right direction, Although it was a step in the right direction, the the Bill of RightsBill of Rights did not protect people completely. did not protect people completely. Under the Under the Bill of Rights, Bill of Rights, a person could challenge a person could challenge another piece of legislature, however nothing another piece of legislature, however nothing prevented government officials from amending, prevented government officials from amending, appealing or simply overriding the bill. Also, no appealing or simply overriding the bill. Also, no new legislation (before 1982) had to follow this bill, new legislation (before 1982) had to follow this bill, protecting the rights of those involved.protecting the rights of those involved.

Enter Charter…Enter Charter… The The Canadian Charter of RightsCanadian Charter of Rights and and

FreedomsFreedoms was introduced to Canadian law in was introduced to Canadian law in 1982 under the reign of Prime Minister of 1982 under the reign of Prime Minister of Pierre Elliot Trudeau. As a part of Canada’s Pierre Elliot Trudeau. As a part of Canada’s new formal new formal ConstitutionConstitution, every law in the , every law in the country, past, present or future, had to country, past, present or future, had to conform to the provisions in the Charter.conform to the provisions in the Charter.

LogisticsLogistics The Charter is split into 12 The Charter is split into 12

sections which we will go over sections which we will go over in a 4 day span. The 12 in a 4 day span. The 12 sections relate to rights that sections relate to rights that every Canadian citizen has. every Canadian citizen has. They include everything from They include everything from basic rights to language rights basic rights to language rights to legal rights. If these rights to legal rights. If these rights are infringed upon or violated, are infringed upon or violated, there are legal repercussions there are legal repercussions that can be taken.that can be taken.

The Charter: first few sectionsThe Charter: first few sections

1.1. The The Canadian Charter of Rights and Canadian Charter of Rights and FreedomsFreedoms guarantees the rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable set out in it subject only to such reasonable limits prescribed by law as can be limits prescribed by law as can be demonstrably justified in a free and demonstrably justified in a free and democratic society.democratic society.

Translation:Translation:There is little to nothing above this documentThere is little to nothing above this document

Fundamental FreedomsFundamental Freedoms

2.2. Everyone has the following fundamental freedoms:Everyone has the following fundamental freedoms:a. freedom of conscience and religiona. freedom of conscience and religionb. freedom of though, belief, opinion and b. freedom of though, belief, opinion and

expression, including freedom of the expression, including freedom of the press and other media of press and other media of communicationcommunication

c. freedom of peaceful assembly; c. freedom of peaceful assembly; andand

d. freedom of associationd. freedom of association

Democratic RightsDemocratic Rights

3.3. Every citizen of Canada has the right to vote Every citizen of Canada has the right to vote in an election of members of the House of in an election of members of the House of Commons or of a legislative assembly and to Commons or of a legislative assembly and to be qualified for membership therein.be qualified for membership therein.

Translation:Translation:Everyone over a certain age can Everyone over a certain age can both vote and run for government.both vote and run for government.

Democratic Rights Cont’edDemocratic Rights Cont’ed4.4. (1) No House of Commons and no legislative assembly shall (1) No House of Commons and no legislative assembly shall

continue for longer than five years from the date fixed for continue for longer than five years from the date fixed for the return of the writs of a general election of its members.the return of the writs of a general election of its members.

4.4. (2) In time of real or apprehended war, invasion or (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuance is notthe legislature beyond five years if such continuance is notopposed by the votes of more opposed by the votes of more than one third of the members of the than one third of the members of the House of Commons or legislative House of Commons or legislative assembly, as the case may be.assembly, as the case may be.

Democratic Rights Cont’edDemocratic Rights Cont’ed

Translation:Translation:4(1). The government has a limited term of 5 years. 4(1). The government has a limited term of 5 years. This means that 5 years after that government gets in, This means that 5 years after that government gets in, they have to call an election.they have to call an election.

4(2). In drastic times, the government may run 4(2). In drastic times, the government may run longer. An example of this would be during war longer. An example of this would be during war time. It is not a good idea to hold an election in the time. It is not a good idea to hold an election in the middle of a world war.middle of a world war.

Democratic Rights Cont’edDemocratic Rights Cont’ed

5.5. There shall be a sitting of Parliament and There shall be a sitting of Parliament and each legislature at least once every twelve each legislature at least once every twelve monthsmonths

Translation: The government must sit in the Translation: The government must sit in the House of Commons at least once a year.House of Commons at least once a year.

Mobility RightsMobility Rights

6(1). Every citizen of Canada has the right to 6(1). Every citizen of Canada has the right to enter, remain in and leave Canada.enter, remain in and leave Canada.

6(2). Every citizen of Canada and every persons 6(2). Every citizen of Canada and every persons who has the status of a permanent residence of who has the status of a permanent residence of Canada has the right:Canada has the right:

a. to move and take up residence in any a. to move and take up residence in any province; andprovince; and

b. to pursue the gaining of a livelihood in b. to pursue the gaining of a livelihood in any province.any province.

Mobility Rights Cont’edMobility Rights Cont’ed(3) The rights specified in subsection (2) are (3) The rights specified in subsection (2) are

subject to:subject to:a. any laws or practices of general application in a. any laws or practices of general application in force in a province other than those that force in a province other than those that discriminate among persons primarily on the discriminate among persons primarily on the basis of province of present or previous basis of province of present or previous residence; andresidence; andb. any laws providing for reasonable residency b. any laws providing for reasonable residency requirements as a qualification for the receipt of requirements as a qualification for the receipt of publicly provided social services.publicly provided social services.

Mobility Rights Cont’edMobility Rights Cont’ed

(4). Subsections (2) and (3) do not preclude any (4). Subsections (2) and (3) do not preclude any law, program, or activity that has as its object law, program, or activity that has as its object the amelioration in a province of conditions of the amelioration in a province of conditions of individuals in that province who are socially or individuals in that province who are socially or

economically disadvantaged economically disadvantaged if if the rate of employment in that the rate of employment in that

province is below the rate of province is below the rate of employment in Canada.employment in Canada.

Mobility Right’s Cont’edMobility Right’s Cont’edTranslation of section 6:Translation of section 6:

-every Canadian citizen/permanent resident has the -every Canadian citizen/permanent resident has the right to move inside of Canada to other provinces and right to move inside of Canada to other provinces and may work theremay work there-there are 3 limitations on this right that are related to -there are 3 limitations on this right that are related to the idea of provincial programs (eg. you have to live the idea of provincial programs (eg. you have to live in a province for so long before accepting social in a province for so long before accepting social services or the workplace can hire a specific kind of services or the workplace can hire a specific kind of person before another if they are disadvantaged in person before another if they are disadvantaged in comparison to the overall rate in Canada.)comparison to the overall rate in Canada.)