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While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.
The Canadian Charter of Rights and Freedoms is the part I of the Constitution Act, 1982. The Charter is a bill of rights to protect certain political rights, legal rights and human rights of people in Canada from the policies and actions of all levels of government. An additional goal of the Charter is to unify Canadians around a set of ...
Canada already had a Canadian Bill of Rights passed in 1960. This Bill of Rights did not have the force of the Charter and was criticised as being weak. The Bill of Rights is similar in content to the Charter however it does include a protection for property that is not in the Charter.
As a part of the Charter and of the larger Constitution Act, 1982, section 2 took legal effect on April 17, 1982. However, many of its rights have roots in Canada in the 1960 Canadian Bill of Rights (although this law was of limited effectiveness), and in traditions under a theorized Implied Bill of Rights.
Though the Charter itself came into effect on April 17, 1982, section 15 was not brought into force until April 17, 1985, in accordance with section 32(2) of the Charter. The reason for this was so that provincial and federal governments would have enough time to review their legislation and make the appropriate changes to any discriminatory laws.
After the introduction of the Constitution Act, 1982 and the Charter of Rights and Freedoms, Canadian courts became much more active in interpretation of Constitutional questions. One notable example is in the case of gay rights and section 15(1) of the Charter. Section 15(1) lists grounds against which people may not be discriminated by the ...
Section 34 of the Canadian Charter of Rights and Freedoms is the last section of Canada's Charter of Rights, which is entrenched in the Constitution Act, 1982. Section 34 provides guidance for the legal citation of the Charter. The section has been interpreted by Canadian writers, who have analyzed both its intention and its meaning.
A primary difference is that the Bill of Rights' notwithstanding clause could be used to invalidate "any" right, not just specified clauses as with the Charter. The Saskatchewan Human Rights Code (1979), the Quebec Charter of Human Rights and Freedoms (1977), and the Alberta Bill of Rights (1972) also contain devices like the notwithstanding ...