Charter of Rights and Freedoms Part Two

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17 Mar 2011
Lecture Seven: Development of the Charter Cont.
Individual Liberty
State can not tell individuals what to do
oAllows for autonomy, if the state disappears society doesn't collapses
"Bill of Rights" Era - 1960s
Regular legislation
Not supreme
Easily changeable
Awkward for judges
Bliss vs. Canada (AG) [1979] 1 S.C.R. 183
oDiscrimination against pregnant people, not women
"Charter of Rights" Era - 1980s
Constitution Entrenchment
Patriation Reference Feds, NB and ON vs. Quebec and the Rest
Trudeau vs. Levesque
"Kitchen Accord" aka "The Night of Long Knives"
Charter of Rights and Freedoms
Came in the wake of the Referendum
oTrudeau promised Quebec that if they stayed there would be reforms
in the federal government
oNow questions of changing constitutions
Problems with changing the constitution
oConstitution was written by the British so they wanted to patriate the
oNeed to create rules by which to change the constitutions
Regional disarray of country
oQuebec and veto power
oAlberta and oil
Creation of the Charter
Personalized the Constitution
Commitment to
oHuman rights
oFreedom of Religion
oRights that the state can't take away
Concerns of role of the changes
oQuebec - didn't want to be brought together
oAlberta - didn't want Quebec to get veto
Patriation Reference
oProvinces couldn't agree on what to do about the Constitution
oFederal government wanted to do it alone
oJudge said yes, but there was a convention that they shouldn't
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