CANADIAN CHARTER

The Effectiveness of the Canadian Charter of Rights and Freedoms



The Effectiveness of the Canadian Charter of Rights and Freedoms

Introduction

The Canadian Charter of Rights and Freedoms came into force April 17, 1982. Section 15 of the Charter equality rights came into effect three years after the other provisions of the Charter, on April 17, 1985. This period needs to allow governments to ensure that their laws were consistent with the equality rights set out in Article 15.

The Charter and Canadian society

The Charter governs the interactions between the government federal, provincial and territorial governments and individuals. This is, in some ways, the most important law of Canada, as it may render invalid or inoperative any laws that are inconsistent with its provisions. For over 25 years, the Charter is a formidable force for change, progress and affirmation of the values of our society. In addition, Canadian courts have made hundreds of decisions invoking the provisions of the Charter to comply with Canadian laws principles and values of Canadian society.

The Charter has had a significant impact on the promotion and protection of human rights in Canada. In regard to language rights, it has resulted in strengthening the rights of official language minorities. As for the right to equality, the adoption of the Charter allowed the recognition and enforcement of the rights of distinct minority and disadvantaged groups. In terms of criminal law, the Charter has clarified the powers of the state over the rights of the prisoner.

There are several other laws that protect human rights in Canada. The Bill of Rights was adopted by Parliament in 1960. It applies the laws and policies within federal jurisdiction and guarantee the freedom and rights similar to those found in the Charter e.g., The rights to equality, legal and freedom of religion, speech and association. However, the Declaration is not part of the Constitution of Canada.

What if it violates your rights under the Charter?

Every Person whose rights and freedoms guaranteed by the Charter since it harms by any level of government may apply to a court for redress. The person must establish that a right or freedom guaranteed by the Charter have been a violation. If this limit is set by legislation, the government must then prove that this limit is reasonable under Article I of the Charter. If the court does not persuade the government's arguments, it can grant whatever remedy it considers appropriate in the circumstances. For example, a court may make an order staying the proceedings against a person accused of offense if that person is entitled to a trial within a reasonable time was not respected. A repair may also be applied to a court if a government official violates individual rights, for example, a police officer improperly searching for evidence on private property. Finally, if a court finds that a law violates the rights recognized in the Charter, for example, if it considers the law discriminatory under the article on equality rights, the court may rule that the law does ...