Canadian Charter of Rights and Freedoms

'''See''': [[Canada (AG) v Lavell|''Canada (AG) v. Lavell'']], [1974] S.C.R. 1349—example of narrow interpretation by the SC. 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. The relative ineffectiveness of the ''Canadian Bill of Rights'' motivated many to improve rights protections in Canada. The British Parliament formally enacted the ''Charter'' as a part of the ''[[Canada Act 1982]]'' at the request of the [[Parliament of Canada]] in 1982, the result of the efforts of the government of [[Prime Minister of Canada|Prime Minister]] [[Pierre Trudeau]].

'''See''': [[Canada (AG) v Lavell|''Canada (AG) v. Lavell'']], [1974] S.C.R. 1349—example of narrow interpretation by the SC. 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. The relative ineffectiveness of the ''Canadian Bill of Rights'' motivated many to improve rights protections in Canada. The British Parliament formally enacted the ''Charter'' as a part of the ''[[Canada Act 1982]]'' at the request of the [[Parliament of Canada]] in 1982, the result of the efforts of the government of [[Prime Minister of Canada|Prime Minister]] [[Pierre Trudeau]].

The ''Charter'' greatly expanded the scope of [[judicial review]], because the ''Charter'' is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the ''Canadian Bill of Rights''. [[Court system of Canada|Canadian courts]], when confronted with violations of ''Charter'' rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when [[Law of Canada|Canadian case law]] was primarily concerned with resolving issues of [[Canadian federalism|federalism]]. The ''Charter'', however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the [[common law]] and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon [[Parliamentary supremacy]]. As a result, the ''Charter'' has attracted both broad support from a majority of the electorate and criticisms by opponents of increased [[judicial power]]. The ''Charter'' applies only to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity.

The ''Charter'' greatly expanded the scope of [[judicial review]], because it is more explicit in its guarantee of rights and the role of judges in enforcing them than was the ''Canadian Bill of Rights''. [[Court system of Canada|Canadian courts]], when confronted with violations of ''Charter'' rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when [[Law of Canada|Canadian case law]] was primarily concerned with resolving issues of [[Canadian federalism|federalism]]. The ''Charter'', however, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials. These powers are greater than what was typical under the [[common law]] and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon [[Parliamentary supremacy]]. As a result, the ''Charter'' has attracted both broad support from a majority of the electorate and criticisms by opponents of increased [[judicial power]]. The ''Charter'' applies only to government laws and actions (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity.

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