Charter Of Rights And Freedoms

Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms, guarantee of rights and freedoms granted to Canadians, incorporated as part of the Constitution of Canada in 1982. The charter protects rights of free speech, free expression, and free assembly; guarantees the right to participate in democratic elections; acknowledges the rights of minority groups; and limits the power of the state. The Canadian Charter of Rights and Freedoms is similar in some respects to the Bill of Rights of the United States.

As part of the Canadian constitution, the provisions of the charter cannot be superseded by other laws. Any federal or provincial law that conflicts with the charter can be invalidated by Canadian courts in a process called judicial review. The charter significantly changed the Canadian political system. Prior to the charter's implementation in 1982, Canada followed the British tradition of parliamentary sovereignty, meaning that provincial legislatures or the Canadian Parliament could make or unmake any law. (1)

Charter of Rights and Freedoms in this Section: Charter of Rights and Freedoms, Charter of Rights and Freedoms Rights Protected, Charter of Rights and Freedoms Limitations, Charter of Rights and Freedoms Origins and Charter of Rights and Freedoms Comparisons With Laws in Other Countries.

Charter of Rights and Freedoms

Definition of Charter of Rights and Freedoms by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: That part of the Constitution Act, 1982, that guaranteed fundamental freedoms and rights legal, democratic, linguistic, mobility, egalitarian, and limited Aboriginal to individual Canadian citizens.

Definition of Charter of Rights and Freedoms

The Canada social science dictionary [1] provides the following meaning of Charter of Rights and Freedoms: Part of the Constitution Act of 1982 the Charter came into effect in April of 1982. The Charter provides protection for a wide range of individual rights typical of liberal democracies but until this time not constitutionally protected in Canada. As a part of the Constitution of Canada the Charter can not be changed without the consent of both Parliament and the provincial legislatures.. The Charter includes provisions to protect mobility rights and minority language rights. The legislature of the Province of Quebec did not support the Constitution Act of 1982 and its adoption without this consent has increased nationalist support for sovereignty in Quebec. Several efforts have subsequently been made to make constitutional changes and achieve consensus with Quebec. See: CHARLOTTETOWN AGREEMENT / MEECH LAKE ACCORD / CONSTITUTION / BILL OF RIGHTS related information in this encyclopedia, in the legal dictionary or in the world encyclopedia of law.

Charter of Rights and Freedoms: Resources

Notes and References

1. Drislane, R., & Parkinson, G. (2016). (Concept of) Charter of Rights and Freedoms. Online dictionary of the social sciences. Open University of Canada

Canadian Charter of Rights and Freedoms in Canada

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Canadian Charter of Rights and Freedoms in French

In the French language, Canadian Charter of Rights and Freedoms means: Charte canadienne des droits et libertés (there is related information on Charte canadienne des droits et libertés in the legal Encyclopedia in French, about Canadian law, French law and other legal systems – the link is to the Encyclopedia).

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See Also

1. Politics
2. Political Science

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Notes and References

1. Encarta Online Encyclopedia

See Also

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This entry was last updated: February 23, 2017