Section 1

Lesson 4: The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms came into force on April 17, 1982 . Section 15 of the Charter ( equality rights ) came into effect three years after the rest of the Charter, on April 17, 1985, to give governments time to bring their laws into line with Section 15.

The Charter recognizes primary fundamental freedoms, such as the following:

1. freedom of expression;

2. freedom to associate with other people;

3. democratic rights (such as the right to vote);

4. mobility rights (the right to live anywhere in Canada);

5. legal rights (e.g. the right to life, liberty and security);

6. equality rights;

7. official language and minority language education rights (the right to be educated in and to speak either or both official languages of Canada - French and English);

8. the rights of the Aboriginal peoples of Canada (treaty rights are protected);

The Canadian Charter versus Alberta's Human Rights, Citizenship and Multiculturalism Act

What is the main difference between the two?

Alberta's Human Rights, Citizenship and Multiculturalism Act protects people from discrimination at the hands of other people.

The Canadian Charter of Rights and Freedoms protects all Canadians from rights violations at the hands of governments and other public organizations.

In other words, it guarantees Canadians certain basic civil rights.

Civil rights: rights guaranteed citizens of a country; in Canada, rights guaranteed by the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is part of the constitution of our country, and as such it takes priority over other laws. If other laws conflict with it, those laws have no force.

Constitution: a document stating the fundamental rules according to which a country is governed and other laws are made.

The Canadian Bill of Rights

The Canadian Bill of Rights was enacted by Parliament in 1960. It applies to legislation and policies of the federal government and guarantees rights and freedoms similar to those found in the Charter (e.g. equality rights, legal rights, and freedom of religion, of speech and of association). The Bill is not, however, part of the Constitution of Canada.