Lesson 3
Completion requirements
Challenging the Charter
Target
In this lesson, you will read some imaginary stories about citizens concerned about their rights. You will use what you have learned about the Charter to decide if people in the stories could use the Charter to challenge decisions that had been made by others in their lives.
Introduction
The Charter of Rights and Freedoms was designed to protect Canadians and their values. However, sometimes it does not seem that way.
The old saying goes, ‘The judge speaks the law’. This suggests the law is above people; it is impartial, clearly understood, and holds everyone equally accountable. In this understanding of the rule of law, the judge is invisible. But if humans are the centre of importance, this saying can easily be turned around to this: ‘The law is what the judge says it is’.
Judges make big decisions that can disregard the decision-making authority of governments, groups, or individuals. Therefore, a government may try to appoint judges who will be favourable to the government in the future.
The Supreme Court of Canada, or judges, have made many rules based on Charter since it was placed in the first part of the Constitution in 1982. Rules have been made limiting police power and strengthening individual rights.
Rules have been made strengthening collective rights such as Indigenous land claims.
In 2002, Adil was suspected of terrorism and to be deported. This was because he had several terrorist friends in the past who had harmed other countries. He was also accused of threatening to attack a plane leaving Montreal.
Canadian Security Intelligence Service, Canada's spy organization was required to bring evidence to court of how and why they suspected Adil. Canada's Intelligence Service argued that it should be able to protect its intelligence gathering sources and keep to keep how it gathers evidence secret. But, the law courts ruled accused people should see the evidence and how it was gathered against them.
The government decided not to pursue the case against Adil to protect national security. Adil remains in Canada.
Canadian Security Intelligence Service, Canada's spy organization was required to bring evidence to court of how and why they suspected Adil. Canada's Intelligence Service argued that it should be able to protect its intelligence gathering sources and keep to keep how it gathers evidence secret. But, the law courts ruled accused people should see the evidence and how it was gathered against them.
The government decided not to pursue the case against Adil to protect national security. Adil remains in Canada.