Part One The Constitutional Context The Charter of

Part One: The Constitutional Context The Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (1982) l fundamental freedoms l democratic rights l legal rights l equality rights l minority language education rights l mobility rights

Limits on the Canadian Charter of Rights and Freedoms l Section 1: reasonable limits – the Charter “guarantees the rights and freedoms set out in it subject only to such reasonable limits. . . as can be demonstrably justified in a free and democratic society. ” (S. 1)

Limits on the Canadian Charter of Rights and Freedoms l Section 33: Notwithstanding Clause – application does NOT apply to democratic rights, mobility rights, minority language education rights l DOES apply to fundamental freedoms, legal rights, equality rights l

Limits on the Canadian Charter of Rights and Freedoms l Section 33: Notwithstanding Clause – usage very difficult to use politically l “notwithstanding” raises caution flags l – examples of use Quebec blanket use l Saskatchewan’s nurses strike l

Legalized Politics -- The Implications l positive aspects of legalized politics – offers access – not based on popular opinion l negative aspects of legalized politics – style of politics adversarial l not prone to compromise l – atomizing l people define themselves as individuals rather than members of community/society