Search for "Charter of Rights and Freedoms"

Displaying 1-20 of 181 results
Article

Notwithstanding Clause

Section 33 of the Canadian Charter of Rights and Freedoms, known as the notwithstanding clause, is part of the Constitution of Canada. Also known as the override clause, Section 33 allows federal, provincial or territorial governments to temporarily override, or bypass, certain Charter rights. Section 33 overrides can last only five years, when they are subject to renewal. Although the clause is available to governments, its use is politically difficult and therefore rare. It is known colloquially as the “nuclear option,” because its use is considered extremely severe. Since the Constitution was patriated in 1982, the clause has been used only a handful of times by various provinces. The federal government has never invoked the notwithstanding clause.

Article

Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

Article

Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

Article

Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval from Britain.

Article

Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of the Canadian Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada, expanding the rights of minorities, transforming the nature of criminal investigations and prosecutions, and subjecting the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

Article

Pierre Elliott Trudeau

Pierre Elliott Trudeau, PC, CC, prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montréal, QC; died 28 September 2000 in Montréal).

Article

Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

timeline event

Ontario Premier Doug Ford Invokes the Notwithstanding Clause

After the Ontario legislature passed Bill 5, the Better Local Government Act, on 14 August to reduce the number of Toronto city councillors from 47 to 25, Justice Edward P. Belobaba ruled on 10 September that reducing the size of council in the middle of an election was unconstitutional. On 12 September, the legislature introduced Bill 31, the Efficient Local Government Act, which invoked Section 33 of the Charter of Rights and Freedoms to override Belobaba’s ruling. On 19 September, the Court of Appeal for Ontario ruled that Belobaba’s decision “invalidates legislation duly passed by the legislature” and granted a stay, allowing the province to implement a 25-councillor election in Toronto on 22 October.

Article

Ted King

Theodore “Ted” Stanley King, civil rights activist, real estate broker, accountant, railway porter (born 14 July 1925 in Calgary; died 7 July 2001 in Surrey, BC). Ted King was the president of the Alberta Association for the Advancement of Coloured People from 1958 to 1961, where he advocated for the rights of Black Canadians. In 1959, King launched a legal challenge against a Calgary motel’s discriminatory policy, decades before human rights protections existed throughout Canada. The case made it to the Alberta Supreme Court. Though it was not successful, King’s case exposed legal loopholes innkeepers exploited in order to deny lodging to Black patrons.

Article

Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the abortion law as unconstitutional. Since then, abortion has been legal at any stage in a woman's pregnancy, and is publicly funded as a medical procedure under the Canada Health Act. However, access to abortion services differs across the country, and abortion remains one of the most divisive political issues of our time.

Article

Peter Mansbridge

Peter Mansbridge, OC, television news anchor, journalist, columnist (born 6 July 1948 in London, England). A widely respected journalist, Peter Mansbridge was the face of CBC News for nearly 30 years. As the chief correspondent and lead anchor of The National from 1988 to 2017, he won 12 Gemini Awards for broadcast excellence, including the Gordon Sinclair Award for best overall broadcast journalist in 1990 and 1998. His other honours include two Canadian Screen Awards as well as numerous honorary degrees and lifetime achievement awards. He has been inducted into the Canadian News Hall of Fame and is an Officer of the Order of Canada.

Article

Mr. Dressup

Mr. Dressup was one of Canada’s most beloved and longest-running children’s television series. The program ran for 29 years (1967–96) and more than 4,000 episodes. It starred Ernie Coombs as the jovial Mr. Dressup and was a precursor to the popular American series, Mr. Rogers’ Neighborhood. Mr. Dressup was influential in tailoring children’s programming towards developing the child’s emotional and logical intelligence. The series won three Gemini Awards and earned Coombs an appointment to the Order of Canada. A 2017 crowd-sourced online vote unofficially declared Mr. Dressup Canada’s most memorable television program. In 2019, Mr. Dressup was inducted into Canada’s Walk of Fame.  

timeline event

Viola Desmond $10 Bill Named Best Banknote in the World

Canada’s new vertically designed $10 bill, featuring civil liberties trailblazer Viola Desmond on the front and the Canadian Museum for Human Rights on the back, received the 2018 Bank Note of the Year Award from the International Bank Note Society. It was the first such award a Canadian banknote had won since the $20 bill released as part of the “Canadian journey” series won the inaugural Bank Note of the Year Award in 2004. (See also Women on Canadian Banknotes.)

collection

Citizenship

This page brings together resources on Canadian citizenship and civics. It is meant to provide readers with knowledge of how the Canadian political system came to be and how it works today. This collection is also designed to help those studying for Canada's citizenship test, or for those taking part in Historica Canada’s Citizenship Challenge program.

Article

Rights of Indigenous Peoples in Canada

It is difficult to make generalizations about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

Article

Lesbian, Gay, Bisexual and Transgender Rights in Canada

Since the late 1960s, the lesbian, gay, bisexual and transgender (LGBT) community in Canada has seen steady gains in rights. While discrimination against LGBT people persists in many places, major strides toward mainstream social acceptance and formal legal equality have nonetheless been made in recent decades. Canada is internationally regarded as a leader in this field. Recent years have seen steady progress on everything from health care to the right to adopt. In 2005, Canada became the fourth country worldwide to legalize same-sex marriage.