Charter
Canada’s Constitutional Vision: The Charter of Rights and Freedoms
The best thing which has ever happened to Canada that makes Sir Charles proud to be Canadian[1] is the Charter of Rights and Freedoms. Thirty years ago, on April 17, 1982, Queen Elizabeth, sitting in front of Canada’s Parliament Buildings on an overcast morning, proclaimed in force the Canadian Charter of Rights and Freedoms, a key element of the new Constitution Act. The Charter, whose 30th anniversary was considered by 79% of the population worth celebrating[2], brought about many changes in Canadian society, its impact being described in revolutionary terms[3]. The focus of this essay is the analysis of the Canadian Charter of Rights and Freedoms and its impact on the world, from the individual to actual nations. To do so, the evolutions of the political arena and, consequently of human rights will be investigated, together with the examination of certain rights and freedoms as viewed through the lenses of scholars situated at opposite ends of the spectrum. Through this analysis, I will evince that the enactment of the Charter is the most significant moment in Canadian history, being a unique document and a model for the world. The roots of the Charter are in the 1960s. It is then when Canadian politics started to be focused on discontent in Quebec over language and social policy and on the problems regarding natural resources in western provinces. To alleviate this, then Prime Minister John Diefenbaker’s Conservative government passed the Canadian Bill of Rights to prevent Canadians being hurt by various types of discrimination. By May 1980, it seemed apparent to Prime Minister Pierre Trudeau that a renewed effort for constitutional change was needed; Quebec had issued a referendum on sovereignty-association. Therefore, Trudeau appointed law professor Barry Strayer to research a constitutional bill of rights. Thus, Strayer formulated ideas that were incorporated into the Charter and that
The best thing which has ever happened to Canada that makes Sir Charles proud to be Canadian[1] is the Charter of Rights and Freedoms. Thirty years ago, on April 17, 1982, Queen Elizabeth, sitting in front of Canada’s Parliament Buildings on an overcast morning, proclaimed in force the Canadian Charter of Rights and Freedoms, a key element of the new Constitution Act. The Charter, whose 30th anniversary was considered by 79% of the population worth celebrating[2], brought about many changes in Canadian society, its impact being described in revolutionary terms[3]. The focus of this essay is the analysis of the Canadian Charter of Rights and Freedoms and its impact on the world, from the individual to actual nations. To do so, the evolutions of the political arena and, consequently of human rights will be investigated, together with the examination of certain rights and freedoms as viewed through the lenses of scholars situated at opposite ends of the spectrum. Through this analysis, I will evince that the enactment of the Charter is the most significant moment in Canadian history, being a unique document and a model for the world. The roots of the Charter are in the 1960s. It is then when Canadian politics started to be focused on discontent in Quebec over language and social policy and on the problems regarding natural resources in western provinces. To alleviate this, then Prime Minister John Diefenbaker’s Conservative government passed the Canadian Bill of Rights to prevent Canadians being hurt by various types of discrimination. By May 1980, it seemed apparent to Prime Minister Pierre Trudeau that a renewed effort for constitutional change was needed; Quebec had issued a referendum on sovereignty-association. Therefore, Trudeau appointed law professor Barry Strayer to research a constitutional bill of rights. Thus, Strayer formulated ideas that were incorporated into the Charter and that