The Enactment of the Charter

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1948 UN adopts Universal Declaration of
Human Rights
1960 Canadian Bill of Rights
1968 Pierre Trudeau elected Prime Minister
1971 Victoria Charter
1980
◦ May - Quebec Referendum
◦ October Charter Tabled in the House of Commons

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First ministers and Government
◦ Transfer of power from the hands of elected officials to “unelected and unaccountable” judges
 Notwithstanding clause
◦ Undermine parliamentary sovereignty & Role of
Monarchy
◦ Autonomy of the provinces

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Interest Groups and Activists
◦ Wanted to strengthen and expand rights guaranteed in Charter
◦ 1980 -81: campaigned at Parliamentary Committee meetings
◦ Amendments to sections 1 -15

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Instrument of Nation building
◦ Common values of citizenship
◦ Entrenchment of rights enjoyed by all Canadians
◦ Bridging of regionalism
◦ Common reference point for all Canadians
◦ A collective political identity

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Positive contribution to law and politics
◦ 35% success rate for cases
Meaningful and substantial limit on government authority
◦ Social and economic policy
◦ Language rights

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Cases mainly deal with the enforcement of rights in Criminal law and procedure
◦ Section 91(27) of CA, 1867
◦ Sections 7 – 14 (Legal Rights)
Invalid statutes
◦ section 1
◦ Substitute alternative policy or laws

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Seen as a good thing all over Canada
Has not weakened the provinces’ power
Managed to balance the rights of the individual with collective welfare

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Does the Notwithstanding clause have a place in the Charter?
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In 1997, Dean Peter Hogg and Allison Bushell wrote an article on ‘Charter Dialogue’. Do you believe that there is a ongoing dialogue between the judiciary and legislative? In
Charter Dialogue, does one side have more power?