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The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. [a] Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. [1]
The Canadian Charter of Rights and Freedoms often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada. Human rights in Canada have come under increasing public attention and legal protection since World War II.
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
No formal right to vote existed in Canada before the adoption of the Charter.There was no such right, for example, in the Canadian Bill of Rights.Indeed, in the case Cunningham v Homma (1903), it was found that the government could legally deny the vote to Japanese Canadians and Chinese Canadians (although both groups would go on to achieve the franchise before section 3 came into force).
A Bill of Rights was needed to take a "forthright stand against discrimination based on colour, creed or racial origin". [13] Diefenbaker advocated for the adoption of a bill of rights during the federal election campaign of 1957. [14] In 1960, as prime minister, Diefenbaker introduced the Canadian Bill of Rights, and it was enacted by ...
At around the time of the centennial of Canadian Confederation in 1967, Liberal Attorney General Pierre Trudeau appointed law professor Barry Strayer to research enshrining rights into the Constitution. 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 ...
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.
The next sections of the Constitution Act, 1982, including section 35 (which affirms Aboriginal rights) and section 36 (which affirms equalization payments), are thus not Charter rights. This is significant, since section 1 of the Constitution Act, 1982 allows for limits on Charter rights, so it cannot apply to sections 35 or 36.