Prior to the Canada Act 1982, the government could pass discriminatory legislation that would violate an individual's rights and freedoms. Pierre Elliott Trudeau, negotiated to bring the Constitution to Canada and entrench it into the new Charter of Rights and Freedoms. On April 17, 1982, Queen Elizabeth signed the Constitution Act and made the Charter of Rights and Freedoms the highest law in Canada.
What is the purpose of the Charter of Rights and Freedoms?
The Charter of Rights and Freedoms is the relationship between the government and individuals; ensuring that the rights of the people are met. The Charter of Rights and Freedoms is the highest law in Canada and applies to all matters of the federal, provincial …show more content…
These categories include....
Fundamental Freedoms
Equality Rights
Mobility Rights
Legal Rights
Democratic Rights
1.Fundamental Freedoms (Section 2 of the Charter)
In Freedom of conscience and religion:
You can practise your religion and declare them without fear of hatred and/or bullying
You cannot force another individual to follow the same religion/ from of religion as you.
In Freedom of thought, belief, and expression:
You are free to think and believe what you want and have the ability to publicly express your opinion through speech, writing, art, music, or photography.
In Freedom of peaceful assembly and association:
You may gather with friends to celebrate or to express an opinion as long as it is peaceful. However, if you break the law, your group could be arrested.
Example: The Lord’s Day Act was made to ensure that stores will not open on Sundays because it was a day of rest. This was also the day where Christians would go to church. Luckily however, the Lord’s Day Act was shot down because it went against the Fundamental Freedoms of Canadians; specifically, the Freedom of conscience and …show more content…
Everyone has the right to a fair trial.
You are innocent until proven guilty.
Everyone has the right to be tried by a judge and jury.
You have the right to not be pressured as a witness and to remain quiet when accused of breaking the law.
Everyone has the right to not be given treatment that would be considered cruel or different.
Example: (In reference to the B.C. Motor Vehicle Act of 1985) At that time, a law stated that a person could be sent to jail for having a suspended license, even if the didn’t their license had been suspended. The court came to a conclusion and decided that the law violated section 7 of the Charter, which was the right to liberty, life, and security of the person. A person could only be sent to jail only if they knew what they did was wrong.
5. Democratic Rights (Section 3 of the Charter)
Every Canadian Citizen over the age of 18 has the right to vote.
Every Canadian Citizen over the age of 18 has the right to run for office.
Every five years an election (federal and provincial) must be held.
The Parliament and legislatures must sit at least once every twelve