Charter of Rights and Freedoms

Charter of Rights and Freedoms 1982: Introduced as part of the Constitution Act Gave the Canadian government (not the British) the authority to make changes to the Constitution. Serves as the ‘rule book’ for responsible government, and a clear statement of the basic rights to which ALL Canadians are entitled.

The Amending Formula Trudeau needed the approval of the provinces to include the Charter Most provincial premiers opposed to Charter. Felt that courts would become more powerful than the legislature. Quebec feared Charter would override language laws or any other legislation that protected Quebec’s distinct society. The Kitchen Compromise: Deal stated that in order to change the Constitution: “seven out of 10 provinces representing 50% of Canada’s population must agree”.

The Notwithstanding Clause Added to the Constitution Act so that provinces would agree to sign it Clause allows the federal government or any of the provinces to override certain sections of the Charter for a period of five years. E.G. Bill 178 (Quebec, 1977): Law passed to override freedom of expression