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Evolution of the Charter

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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Evolution of the Charter

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  1. Evolution of the Charter

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

  3. For example - Parliamentary & Legislative Supremacy

  4. Bill of Rights, 1960 CBC Bill of Rights

  5. Trudeau becomes P.M. 1968

  6. Victoria Charter, precursor to Charter P.M. ‘71 gets provinces together Quebec wants increased autonomy

  7. Canada Act 1982 Patriation of Constitution

  8. Canada Act 1982 • BNA Act 1867 became Constitution Act 1867 • plus Constitution Act 1982 (amending formula and Charter of Rights and Freedoms)

  9. Charter of Rights & Freedoms Rights, Freedoms, Enforcement, Notwithstanding Clause

  10. Limits on the Charter 1. s. 32 applies to public sector only, relationship between government & individuals

  11. Limits on the Charter 2. s. 1 rights and freedoms may be limited under this section

  12. Limits on the Charter 3. s. 33 Notwithstanding Clause

  13. 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

  14. 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

  15. Quebec enacts as protest, 1982

  16. Quebec enacts as protection, 1988

  17. 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

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