Evolution of the charter
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Evolution of the Charter. U.K. Influence - English Common Law, Customs & Traditions. For example - Parliamentary & Legislative Supremacy. Bill of Rights, 1960. CBC Bill of Rights. Trudeau becomes P.M. 1968. Victoria Charter, precursor to Charter. P.M. ‘71 gets provinces together

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Bill of rights 1960
Bill of Rights, 1960

CBC Bill of Rights



Victoria charter precursor to charter
Victoria Charter, precursor to Charter

P.M. ‘71 gets provinces together

Quebec wants increased autonomy


Canada act 1982
Canada Act 1982

Patriation of Constitution


Canada act 19821
Canada Act 1982

  • BNA Act 1867 became Constitution Act 1867

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


Charter of rights freedoms
Charter of Rights & Freedoms

Rights, Freedoms, Enforcement, Notwithstanding Clause


Limits on the charter
Limits on the Charter

1.

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


Limits on the charter1
Limits on the Charter

2.

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


Limits on the charter2
Limits on the Charter

3.

s. 33 Notwithstanding Clause


How and why notwithstanding
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
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




Alberta the marriage amendment act 2000
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