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The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.
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 ...
The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence to the Constitution of Canada's Charter of Rights and Constitution Act, 1982. In full, it reads, "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law".
The Constitution Act, 1982, includes the Canadian Charter of Rights and Freedoms. Before the Charter, various statutes protected an assortment of civil rights and obligations but nothing was enshrined in the constitution until 1982. The Charter has thus placed a strong focus upon individual and collective rights of the people of Canada. [16]
The NDP thought that if property rights were enshrined in the Charter, other economic rights should be added. In September 1982, after the Charter had been enacted, the government of British Columbia approved of an unsuccessful amendment to section 7 that would protect property rights. [23]
Elections must be held at least every five years under section 4.. Section 4 of the Canadian Charter of Rights and Freedoms is the second of three democratic rights sections in the Charter, enshrining a constitutional requirement for regular federal, provincial and territorial elections that cannot be arbitrarily delayed or suspended.
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.
The Court, however, could and did follow previous interpretations of cruel and unusual punishments in pre-Charter case law, namely Miller and Cockriell v. The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so excessive as to outrage standards of decency" or "grossly disproportionate to what would have been appropriate."