The Charter of Rights and Freedoms — what rights do you have?

Summary

This video discusses the Canadian Constitution and Charter of Rights, explaining their historical context and significance. It delves into the Constitution's role in defining rights and government, and how the Charter acts as a 'living document'. The video also addresses the unique 'notwithstanding clause', allowing provinces to override certain rights, and ponders the balance between individual freedoms and societal needs, especially relevant during crises like the coronavirus pandemic.

Takeaways

• 📜 The video discusses the Canadian Constitution and where rights in Canada come from, contrasting philosophical theories with practical applications.
• 🏛️ A constitution is defined as a set of principles or laws that form the foundation of a nation's governance, including how the state is governed and the rights and requirements of its citizens.
• 🇬🇧 The United Kingdom does not have a single document constitution like the United States, but rather a collection of laws and legal precedents.
• 📜 The British North America Act of 1867 is considered Canada's founding document, establishing the country as a confederation of four provinces.
• 📚 Prior to 1982, Canada's rights were scattered across various documents like the Canadian Bill of Rights and the Canadian Human Rights Act, complicating their application and interpretation.
• 🌐 The Constitution Act of 1982, which includes the Canadian Charter of Rights and Freedoms, unified Canada's constitutional laws into a single document, clarifying rights and legal processes.
• 🤔 The video raises questions about the balance between individual rights and government actions, especially in times of crisis like the COVID-19 pandemic.
• 🏢 The 'notwithstanding clause' (Section 33) allows federal or provincial parliaments to override certain sections of the Charter, sparking debates about the permanence and hierarchy of rights.
• 🗣️ The Charter includes fundamental freedoms, democratic rights, mobility rights, and legal rights, emphasizing the importance of these rights in Canadian society.
• 👥 The video suggests that understanding the Constitution and the Charter is crucial for discussing rights, as it provides a common framework for these discussions.
• 🔮 The video concludes by hinting at future discussions on the concept of the Constitution as a 'living document,' which may evolve in interpretation over time.

Q & A

What is the primary function of a constitution?

A constitution serves as a set of principles or laws that are the foundational laws of a nation or state, outlining how the state will be governed, including the rights and requirements of its citizens.

How does the Canadian Constitution differ from the American Constitution?

The Canadian Constitution is not a single document but a combination of documents and British common law, whereas the American Constitution is a single written document.

What is the significance of the British North America Act of 1867?

The British North America Act of 1867, also known as the Constitution Act 1867, is the founding document of Canada, establishing it as a confederation of four provinces.

What is the role of the Statute of Westminster in Canada's constitutional history?

The Statute of Westminster in 1931 granted the Dominions of the British Commonwealth, including Canada, legislative equality with the UK, effectively allowing them to govern themselves.

Why was the repatriation of the Canadian Constitution necessary?

The repatriation was necessary because prior to 1982, Canada's constitution was still under the legislative jurisdiction of the British Parliament, and Canada wanted to have full control over its own constitutional laws.

What is the Canadian Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms is a part of the Constitution Act 1982, which outlines the basic rights and freedoms of individuals in Canada.

How does the Constitution Act 1982 affect the interpretation of rights in Canada?

The Constitution Act 1982, by including the Charter, provides a unified legal framework for interpreting rights in Canada, making it easier for courts to apply and balance rights between individuals and the state.

What is the 'notwithstanding clause' or Section 33 of the Canadian Charter?

Section 33, also known as the 'notwithstanding clause', allows federal or provincial legislatures to override certain sections of the Charter, effectively exempting laws from certain Charter rights.

Has the 'notwithstanding clause' ever been used in Canada?

Yes, the 'notwithstanding clause' has been used at the provincial level, notably in Quebec for language laws, but it has never been invoked at the federal level.

What does the term 'living document' mean in the context of a constitution?

A 'living document' refers to the idea that a constitution can be interpreted and applied in response to changing societal values and circumstances, even though the original text remains the same.

How does the Canadian Constitution address the balance between individual rights and the needs of society?

The Canadian Constitution, through the Charter, outlines individual rights but also allows for reasonable limits on those rights as prescribed by law and justified in a free and democratic society.