Charter Rights & Freedoms in Canada

The Canadian Charter of Rights and Freedoms defines the privileges of Canadian citizenship. It is binding by law. Before the Charter, Canadians' rights were enumerated by the British North America Act and then the Canadian Bill of Rights. Both were established by Britain.
  1. History

    • The Charter of Rights and Freedoms was established in 1982. The Charter of Rights and Freedoms is part of the Canadian Constitution. In 1982, Canada gained complete independence from Britain when the British Parliament approved the Canada Act, allowing Canada to write its own Constitution.

    Kitchen Accord

    • The Canadian provinces had trouble agreeing on what should be included in the Charter of Rights and Freedoms. In 1981, in the kitchen of the Ottawa Chateau Laurier hotel, the federal justice minister and two attorneys general came up with a plan that would give provinces a way of temporarily avoiding some clauses. This made it easier for the provinces to agree on the Charter. This plan was nicknamed the Kitchen Accord.

    Function

    • According to Jay Makarenko, staff writer for the Maple Leaf Web, the Charter includes constitutional rights and freedoms, fundamental freedoms, democratic and legal rights, equality rights and language rights.

    Rights and Freedoms

    • Some basic freedoms include: freedom of religion; freedom of thought, belief, opinion and expression (including freedom of the press and other media of expression); freedom of peaceful assembly; and freedom of association.

      Rights include the right to vote and to run as a candidate, the right to move around the country and enter and leave the country, and the right not to be subjected to cruel and unusual treatment or punishment.

    Laws

    • Canadian laws must comport with the Charter of Rights and Freedoms.

    Violation

    • If your privileges under the Charter of Rights and Freedoms have been violated or denied, you can go to court and asked that the situation be remedied. You must prove that your rights have been violated.

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