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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 ...
s. 16.1 of Constitution Act, 1982: Added Section 16.1 to the Canadian Charter of Rights and Freedoms, which made the English and French linguistic communities in New Brunswick equal, with the right to distinct cultural and educational institutions. s. 43: House of Commons, Senate and New Brunswick Legislative Assembly
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".
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.
Section 32 of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before a court. Section 32(1) describes the basis on which all rights can be enforced.
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."
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.