Law Unit 2

The Charter
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms
set out in it subject only to such reasonable limits prescribed by law as can
demonstrably justified in a free and democratic society.

There are limits for everyone’s RIGHTS and FREEDOMS. If we can prove the limitation
is fair to society( ex. killing babies is bad an you can’t do it even if it is a part of your
religion), then you will be limited. You can’t do whatever you want at the expense of
others.

Origin of the Charter

Pierre Trudeau wanted to PATRIATE the constitution

all provincial leaders agreed on patriation in 1981 (except for Quebec)

Canada can now change the Constitution without Britain

The Charter is ENTRENCHED!!

any amendments to the charter must require all of the following:

the approval of the House of Commons

the approval of the Senate

the approval of the Legislative Assemblies of at least 66% of all provinces (7/50
rule)

The Charter is so hard to change so that future governments can’t change it up

arbitrarily

protects the rights and freedoms of minority groups and keeps Canada free and
democratic

Notwithstanding Clause - Section 33

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 an Act of Parliament or of a Provincial legislature to operate notwithstanding certain
sections of the Charter

notwithstanding without being affected by

governments don’t need to justify their reasons from using the

notwithstanding clause

it is very unpopular and has never been used by the federal government, and
has only been used on a few occasions by some provinces

For example

Quebec (2019): Quebec government used it to pass Bill 21, banning public sector
employees from wearing religious symbols

Ontario (2022) Doug Ford threatened to use it to stop the education workers’ strike

Charter Law
a right is an entitlement for all human beings (ex. right to life)

a freedom is the ability to do something without being stopped by the law

freedoms have limits

the judicial (court) system is responsible for hearing charter challenges

regulates government behavior

meant to stop the government from acting in ways that violate the rights and
freedoms of individuals

does not regulate people-to-people interactions

Examples
Do people have the right to make these choice

A man wants to join a women’s only gym

depends on the policies of the gym, and whether or not the man identifies as a
female

very controversial topic

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 a 16 year old wants to vote in a federal election

might be to young or influenced by their parents

a woman demands a job so she can receive money to live her life

she might not be fit for the job, and would affect many other people

Which freedoms are being restricted

a person is denied service at a restaurant because of her race

freedom of discrimination

a person is denied of renting an apartment because of their gender and age

freedom of discrimination

a person’s Hijab was ripped off at the airport

freedom of religion

a person is denied into Ontario, because they won’t have a job when they arrive

right to mobility

Types of Rights
natural rights

(life, freedom, safety)

human rights

(education, expression)

civil rights

(voting, discrimination)

right to retain and instruct counsel without delay and to be informed of that right
(during arrest)

Privilege: the idea that some groups or individuals have an easier time navigating
society based on a part of their lived identity
Section 1 : Charter is justified in restricting rights if necessary

ex. jail, school etc.

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 Affirmative Action
Every individual is equal before and under the law and has the right to the equal
protection and equal benefit of the law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin, color, religion, sex, age, or
mental or physical disability

does not preclude any law, program or activity that has as its object the amelioration
of conditions of disadvantaged individuals or groups

(boosting disadvantaged groups)

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