Socials Studies 10 Notes

By: Gen L

Lesson 6: The Charter of Rights and Freedoms

History

• 1960: Canadian Bill of Rights
  • Declared universal rights of Canadians
  • Had some issues...

Issues: Canadian Bill of Rights

• No amendment to conflicting statutes
• Courts can pick and choose which rights to respect
• Regular Statute (can easily be repealed, less authority)

History, Part 2

• 1982: Charter of Rights and Freedoms
  • Guaranteed rights for Canadians
  • Entrenched in Constitutional Law (Required amending formula to repeal)
  • "Notwithstanding" Clause (added to appease the provinces)

The (infamous) Notwithstanding Clause

• Allows governments to override certain sections of the Charter (sec. 2 & 7-15)
• Sections pertaining often re-enacted every 5 years
• Rarely used in practice
• Example of usage: Quebec's Language Laws, Ontario-CUPE Labour Dispute

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