Search for "the Charter"

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timeline event

Quebec Superior Court Rules Parts of MAID Laws are Unconstitutional

A Quebec Superior Court judge ruled that both federal and provincial laws governing medical assistance in dying (MAID) are unconstitutional. Since the assistance is only available to people facing “reasonably foreseeable death,” the laws were deemed too restrictive. Justice Christine Baudouin ruled that the laws violate Section 7 of the Charter of Rights and Freedoms, as well as the right to equality, because “The reasonably foreseeable natural death requirement deprives both individuals and claimants of their autonomy and their choice to end their lives at the time and in the manner desired.” Both governments were given six months to revise the law.

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Ontario Premier Doug Ford Invokes the Notwithstanding Clause

After the Ontario legislature passed Bill 5, the Better Local Government Act, on 14 August to reduce the number of Toronto city councillors from 47 to 25, Justice Edward P. Belobaba ruled on 10 September that reducing the size of council in the middle of an election was unconstitutional. On 12 September, the legislature introduced Bill 31, the Efficient Local Government Act, which invoked Section 33 of the Charter of Rights and Freedoms to override Belobaba’s ruling. On 19 September, the Court of Appeal for Ontario ruled that Belobaba’s decision “invalidates legislation duly passed by the legislature” and granted a stay, allowing the province to implement a 25-councillor election in Toronto on 22 October.

timeline event

Quebec Will Make Immigrants Take “Values Test”

Quebec’s CAQ government unveiled examples of questions from its new “values test,” which prospective immigrants will be required to take beginning 1 January 2020. New immigrants will have 90 minutes to take the 20-question test and must score at least 75 per cent to pass. Quebec Premier François Legault said, “If you compare our test to the test that already exists in Canada about knowing Canada, it’s not very different. I think it’s important in Quebec because we are a nation, we are a distinct society, we have our values, we have our charter.” However, Quebec Liberal leader Pierre Arcand said, “the question for us is how necessary it is at this particular stage. This values test doesn’t seem to serve any need right now.”

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Emergencies Act

In July 1988, the War Measures Act was repealed and replaced by the Emergencies Act. The Emergencies Act authorizes “the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.” In contrast to the sweeping powers and violation of civil liberties authorized by the War Measures Act, the Emergencies Act created more limited and specific powers for the federal government to deal with security emergencies of five different types: national emergencies; public welfare emergencies; public order emergencies; international emergencies; and war emergencies. Under the Act, Cabinet orders and regulations must be reviewed by Parliament, meaning the Cabinet cannot act on its own, unlike under the War Measures Act. The Emergencies Act outlines how people affected by government actions during emergencies are to be compensated. It also notes that government actions are subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

Editorial

Editorial: Newfoundland’s Contribution to the Patriation of the Constitution

In the decades since 1982, politicians and the media have recounted the same story about the patriation of Canada’s constitution and the adoption of the Charter of Rights and Freedoms. Most of the credit in this version goes to Prime Minister Pierre Trudeau. Three others are credited with breaking an impasse in the 1981 negotiations: federal justice minister Jean Chrétien, Saskatchewan attorney general Roy Romanow, and Ontario attorney general Roy McMurtry. But in his memoirs, former Newfoundland PremierBrian Peckford argues that the key intervention in the patriation process came from Peckford and the members of the Newfoundland delegation.

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Saskatchewan Bill of Rights

The Saskatchewan Bill of Rights came into force on 1 May 1947. Written primarily by lawyer and human rights advocate Morris Shumiatcher, it was enacted by the CCF government led by Premier Tommy Douglas. While critics have debated its efficacy, it remains important because it was Canada’s first bill of rights; it predated the Canadian Bill of Rights (1960), Quebec’s Charter of Human Rights and Freedoms (1975) and the Canadian Charter of Rights and Freedoms (1982).

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Canadian Citizenship

Canadian citizenship was first created in 1947 by the Canadian Citizenship Act. Today's version of the law says both Canadian-born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen. In 2014, the Strengthening Canadian Citizenship Act brought about the first significant amendments to the Citizenship Act since 1977. However, these changes were repealed or amended by legislation passed in 2017.

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Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms is known as the notwithstanding clause. Also known as the override clause, it is part of the Constitution of Canada. The clause allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. These overrides are subject to renewal after five years. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the clause.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Constitution of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. In the words of the Supreme Court of Canada, “Constitutional convention plus constitutional law equal the total constitution of the country.” The Constitution provides Canada with the legal structure for a stable, democratic government.

Editorial

Editorial: The Canadian Constitution Comes Home

In April 1982, as an Ottawa winter turned to spring, Queen Elizabeth II made her eleventh visit to Canada. She had come to make it official. After more than a half-century of trying, Canada would have its own constitution. A Canadian-made constitution was unfinished business from the country’s colonial past. The British North America Act in 1867 set out the jurisdictions of the federal and provincial governments and created the Dominion of Canada. It was, however, a law of the British Parliament, and it could only be amended (changed) by the British.

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Patriation of the Constitution

In 1982, Canada fully broke from its colonial past and “patriated” its Constitution. It transferred the country’s highest law, the British North America Act (which was renamed the Constitution Act, 1867), from the authority of the British Parliament to Canada’s federal and provincial legislatures. The Constitution was also updated with a new amending formula and a Charter of Rights and Freedoms. These changes occurred after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country.

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Canadian Bill of Rights

The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking when it was enacted by the government of John Diefenbaker in 1960. But it proved too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. The bill was cited in 35 cases between 1960 and 1982; thirty were rejected by the courts. Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

timeline event

White Paper Published

A federal White Paper on Indian Affairs proposes abolishing the Indian Act, Indian status, and reserves, and transferring responsibility for Indian affairs to the provinces. In response, Cree Chief Harold Cardinal writes the Red Paper, calling for recognition of Indigenous peoples as “Citizens Plus.” The government later withdraws the proposal after considerable opposition from Indigenous organizations.

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Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

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Sandra Perron

Sandra Marie Perron, army officer, businesswoman, women’s rights advocate (born 29 December 1965 in Portage la Prairie, MB). Perron made history as the first female Regular Force infantry officer in the Canadian Army. She later wrote a memoir about the obstacles she overcame to achieve her goals.

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