Chronicles of the Canadian Charter of Rights and Freedoms- Unveiling the Start of a Historic Legal Milestone
When did the Canadian Charter of Rights and Freedoms start? This pivotal document, which enshrines fundamental human rights and freedoms in Canada, was actually the result of a long and complex process that began in the early 1980s. The Charter, which came into effect on April 17, 1982, represents a significant milestone in Canadian history, as it marked the first time that the rights and freedoms of individuals were guaranteed by the federal government through a constitutionally entrenched bill of rights.
The idea of a Canadian charter of rights and freedoms was first proposed by the Social Credit Party leader, William Aberhart, in the 1930s. However, it was not until the 1970s that the issue gained momentum. In 1971, Prime Minister Pierre Trudeau’s government introduced the Canadian Bill of Rights, which was intended to provide a framework for protecting civil liberties and fundamental human rights. While the bill was passed by Parliament in 1972, it was never fully implemented, as it was not entrenched in the Constitution.
The push for a more comprehensive and entrenched bill of rights continued throughout the 1970s and into the 1980s. In 1980, a national referendum was held to decide whether or not to patriate the Constitution and include the Charter of Rights and Freedoms. The referendum was successful, and the Constitution was patriated with the Charter of Rights and Freedoms becoming part of the Constitution Act, 1982.
The Canadian Charter of Rights and Freedoms is divided into two main parts: the Charter of Rights and the Charter of Freedoms. The Charter of Rights protects individuals from arbitrary government actions and guarantees rights such as equality, mobility, and legal rights. The Charter of Freedoms, on the other hand, protects freedoms such as freedom of expression, religion, and assembly.
The Charter has had a profound impact on Canadian society, influencing everything from the rights of Indigenous peoples to the rights of LGBTQ+ individuals. It has also been a source of legal battles and debates, with some arguing that it has eroded the authority of Parliament and the provinces.
In conclusion, the Canadian Charter of Rights and Freedoms started as a movement for a more comprehensive bill of rights in the early 1980s and became a reality with its entrenchment in the Constitution Act, 1982. The Charter has since become a cornerstone of Canadian democracy, protecting the rights and freedoms of all Canadians.
