the charter of rights and freedoms was enacted in 1982.
the charter of rights and freedoms was enacted in 1982.
when was the charter of rights and freedoms enacted?
1982
the charter was preceded by the canadian bill of rights, which was enacted in 1960. however, the bill of rights is only a federal statute, rather than a constitutional document. as a federal statute, it can be amended through the ordinary legislative process and has no application to provincial laws. the supreme court of canada also narrowly interpreted the bill of rights and the court was reluctant to declare laws inoperative. the relative ineffectiveness of the canadian bill of rights motivated many to improve rights protections in canada. the movement for human rights and freedoms that emerged after world war ii also wanted to entrench the principles enunciated in the universal declaration of human rights. the british parliament formally enacted the charter as a part of the" canada act 1982" at the request of the parliament of canada in 1982, the result of the efforts of the government of prime minister pierre trudeau.
canadian charter of rights and freedoms
in 1994, the house of commons of canada debated changing the name of the "canadian charter of rights and freedoms" to the "canadian charter of rights, freedoms and responsibilities". as parliamentary secretary russell maclellan pointed out, this would have to be done through a constitutional amendment, particularly to section 34, since section 34 "establishes the charter's title. the charter's title is thus part of the constitution." maclellan believed the amending formula needed would be the one requiring the support of seven provincial governments representing at least half of canada's population. edmonton southwest mp ian mcclelland had suggested the change, believing it to be necessary because "i felt we were becoming a nation of entitlement." maclellan replied that "the canadian charter of rights and freedoms is and aspires to be a statement by canadians about the rights and freedoms which we as canadians deeply value in our democratic society." maclellan added that section 1 implied a need for responsibilities, so "it is not necessary to change the title of this charter to emphasize the integral relationship between the individual's rights and his or her responsibility to the rest of society."
section 34 of the canadian charter of rights and freedoms