What is the Canadian Charter of Rights and Freedoms and why is it important?
The Charter of Rights and Freedoms (the Charter) protects fundamental rights and freedoms that are essential to keeping Canada a free and democratic society. It ensures that the government, or anyone acting on its behalf, does not unreasonably take away or interfere with those rights or freedoms.
What are the 3 most important rights?
They include the right to life, the right to health and the right to freedom from torture. The Universal Declaration of Human Rights contains 30 human rights that belong to everyone, everywhere – simply because they are human.
What is the Canadian Charter of Rights and Freedoms?
The Charter is part of the Canadian Constitution. The Charter contains the rights and freedoms that Canadians believe are essential in a free and democratic country.
Where does the Charter of Rights and Freedoms come from?
The Charter of Rights and Freedoms is found in the Constitution Act, 1982. Both are found in the Canada Act, 1982. Before this, the British North America Act was in place, which was passed in 1867. That Act established Canada as a nation and was passed by the British Parliament . The Canadian federal government passed a Canadian Bill of Rights in 1960.
What is the notwithstanding clause in the charter of rights and freedoms?
Section 33 is sometimes referred to as the "notwithstanding clause". It gives Parliament and provincial and territorial legislatures limited power to pass laws that may limit certain Charter rights – namely fundamental liberties, legal and equality rights. They can only do this if they clearly state that a particular law is exempt from the Charter.
When does the Charter of Rights come into play?
This part of the Charter comes into play in criminal proceedings because an accused person risks losing his or her liberty. Everyone has the right to be protected against unreasonable search or seizure.
Join me in exploring the Canadian Charter of Rights and Freedoms. This human rights document (which is entrenched in our Constitution) protects some of the r…