Introduction
The Charter of rights and freedoms is a bill of rights which provides guarantees of fundamental rights and freedoms of Canadians. It was adopted in 1982 with the aim of expanding the rights of minority groups at the time 1 . It was the first successful attempt for the country to protect the rights of its citizens that also marked the patriating of its constitution from the British government. It supported the enforcement of legal standards by the court, while now acting as a base for various social reform policies that will span across the future of the country. This makes the Canadian Charter of rights and freedoms a significant moment in the country’s history.
Comparison to Earlier Actions
Before the adoptions of the charter, several attempts had been made to protect the rights of the minorities in the country legally. The country’s first Bill of rights was adopted in 1960 2 . However, it was not a part of the constitution, which meant that changes could easily be made by the government and it was not effectively utilized for the protection of Canadian rights. When Pierre Trudeau became Prime Minister in 1968, he was focused on instituting a constitutional bill of rights. At the time, there were discussions regarding making changes to the constitution and providing Canadians with the capability to change the constitution without the inclusion of the British government. At this time, Trudeau introduced a bill of rights, which after years of discussions and resistance, was finally agreed to in 1981 3 . The country was then able to patriate its constitution from Britain and add the Charter on April 17, 1982. This was more effective that the Bill of rights that had been introduced.
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Short-Term Effects
The main short-term effect that the Charter has had is the significant changes in enforcements of legal guards by the Justice system. There were several charter cases that enabled these changes such as the Oakes case in 1986, where the Supreme Court negated the law which held the requirement that defendants had to prove that they were not guilty, in this case for possessing narcotics with the intent of distribution 4 . Hence, the Charter has been able to maintain a balance between the existing laws and the court system.
Long-Term Effects
The long-term impacts of the Charter are perhaps more considerable than already existent short-term effects. This is because the Charter has been able to provide different social groups with a voice to defend their rights and will continue to do so in the future. An example of this is the changed perspective of women's reproductive rights. In 1988, the Charter was used in Morgentaler case to rule the criminal code sections of abortion as being unconstitutional 5 . This was followed by the recognition of the LGBTQ community in the 1998 Vriend decision in which discriminatory activities based on the sexual orientations of individuals were abolished 6 . Aboriginal rights were also strengthened when the Supreme Court made an affirmation in 1990 sparrow decision that specific historical aboriginal rights, such as fishing, were a fiduciary obligation that the government held toward the native people.
Conclusion
The Canadian Charter of rights and freedoms was instituted at a time when the country was looking to patriate themselves from the British. Presented by the Prime Minister at the time, the Charter completely changed the protection of the rights of minority groups in Canada. This has resulted in extensive changes not only in the justice system but also minimizing the discrimination of several social groups. This has been significant in promoting the cohesiveness of the nation and its government across time.
References
Cossman, Brenda. "Lesbians, gay men, and the Canadian Charter of Rights and Freedoms." Osgoode Hall LJ 40 (2002): 223.
Hiebert, Janet L. "The Canadian Charter of Rights and Freedoms." In The Oxford Handbook of Canadian Politics , pp. 54-72. New York: Oxford University Press, 2010.
Jackman, Martha, and Bruce Porter. "Socio-economic rights under the Canadian Charter." Social Rights Jurisprudence: Emerging Trends in International and Comparative Law (New York: Cambridge University Press, 2008) (2008).
Russell, Peter H. "The political purposes of the Canadian Charter of Rights and Freedoms." Can. B. Rev. 61 (1983): 30.
1 Russell, Peter H. "The political purposes of the Canadian Charter of Rights and Freedoms." Can. B. Rev. 61 (1983): 30.
2 Russell, Peter H. "The political purposes of the Canadian Charter of Rights and Freedoms." Can. B. Rev. 61 (1983): 30.
3 Hiebert, Janet L. "The Canadian Charter of Rights and Freedoms." In The Oxford Handbook of Canadian Politics , pp. 54-72. New York: Oxford University Press, 2010.
4 Hiebert, Janet L. "The Canadian Charter of Rights and Freedoms." In The Oxford Handbook of Canadian Politics , pp. 54-72. New York: Oxford University Press, 2010.
5 Jackman, Martha, and Bruce Porter. "Socio-economic rights under the Canadian Charter." Social Rights Jurisprudence: Emerging Trends in International and Comparative Law (New York: Cambridge University Press, 2008) (2008).
6 Cossman, Brenda. "Lesbians, gay men, and the Canadian Charter of Rights and Freedoms." Osgoode Hall LJ 40 (2002): 223.
