DCHP-2

Charter DCHP-2 (October 2016)

• n. — abbreviation, Law

  the Canadian Charter of Rights and Freedoms; a part of the Canadian Constitution.

  Type: 1. Origin — The Canadian Charter of Rights and Freedoms is part of the Canadian Constitution, which includes the amended British North America Act. The Charter covers the principal rights and freedoms such as democratic rights, mobility rights, legal rights, equality rights, official language rights, and minority language education rights.
  The Charter aims to balance competing legal interests by a number of means. The reasonable limits clause states that Charter rights are not absolute, though limitations must be prescribed by law and must be demonstrably justifiable. The notwithstanding clause gives provincial legislatures or Parliament the power to override certain portions of the Charter for five years. As the Charter is written in general language, it allows for judicial interpretation. These three features allow and encourage dialogue between the courts and legislatures in the precise application of the Charter in certain cases.
  See also Canadian Encyclopedia and Maple Leaf Web references.
  See also Gage-5. s.v. "Charter of Rights and Freedoms", which is marked as "Cdn.", and ITP Nelson, s.v. "Charter" (2b).

  See also: British North America Act  equality rights  sign law  notwithstanding clause  Bill 101  official language  

  • 1978  At a minimum, Mr. Trudeau needs to win agreement for his proposed Canadian Charter of Rights and Freedoms, which includes constitutional guarantees of minority language rights. The federal Government is so anxious to have this charter entrenched in the constitution before the referendum in Quebec that it is prepared to allow provinces to opt in later. But to make even an opt-in charter worth anything, federal officials concede, it would need the support now of at least four or five provinces representing half or more of the population. 
  • 1982  The dust has barely settled from the 16-month constitutional wrangle between Ottawa and the provinces and new battle lines are already being drawn. Commented New Brunswick Premier Richard Hatfield, one of two premiers to support the federal stand: "Well, we've patriated the Constitution and we've got a Charter of Rights. Now we have to do something about the Indians." What did he think of Prime Minister Pierre Trudeau's reference to Canadians of aboriginal ancestry in his speech at the Proclamation ceremony? "Condescending, didn't you think?" sniffed Hatfield. 
  • 1989  Other observers say the Charter is flawed because then-Prime Minister Pierre Elliott Trudeau, to bring nine provinces (Quebec balked) on side in November 1981, agreed to a clause that gives governments the power to override fundamental freedoms and legal rights. 
  • 1996  By far the greatest gift ever bestowed by any Canadian lawyer on his fellow lawyers was Trudeau's Charter of Rights and Freedoms. Its very name condemns as a fascist and traitor anyone who would dare speak against it. 
  • 2008  The charter's unrestricted universality remains a veritable boon to a growing industry of people-smugglers and continues to serve as a powerful magnet to all comers. 
  • 2014  Because despite everything, there's a sense of pride and belonging, and a tradition of mutual recognition. For a "foreign body," Canada is surprisingly inclusive. French, which has been a parliamentary language since 1848, was in the Constitution Act of 1867 and has been formally recognized as an official language since 1969. In 1982, the key elements of the Official Languages Act were enshrined in the Canadian Charter of Rights and Freedoms.