Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause, or as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.
The Canadian Charter of Rights and Freedoms, in Canada often simply the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.
The Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada. Invoked more often before the Canadian Charter of Rights and Freedoms was enacted, it is nonetheless important when questions of parliamentary supremacy and the override power come into play.
The Canadian Bill of Rights is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain quasi-constitutional rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian Common Law.
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867.. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.
R v Big M Drug Mart Ltd is a landmark decision by Supreme Court of Canada where the Court struck down the Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms. This case had many firsts in constitutional law including being the first to interpret section 2.
Delwin Vriend is a Canadian who was at the center of a landmark provincial and federal legal case, Vriend v. Alberta, concerning the inclusion of sexual orientation as a protected human right in Canada.
Vriend v Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Hunter v Southam Inc [1984] 2 S.C.R. 145 is a landmark Supreme Court of Canada privacy rights case and as well is the first Supreme Court decision to consider section 8 of the Canadian Charter of Rights and Freedoms.
Little Sisters Book and Art Emporium v Canada [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms. It was held that the Customs Act, which gave broad powers to customs inspectors to exclude "obscene" materials, violated the right to freedom of expression under section 2 but was justifiable under section 1.
R v Keegstra, [1990] 3 S.C.R. 697 is a landmark freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms. It is a companion case to R v Andrews.
Harper v Canada (AG), [2004] 1 S.C.R. 827, 2004 SCC 33, is a leading decision of the Supreme Court of Canada wherein the Court ruled that Canada Elections Act's spending limits on third party election advertising does not violate section 2(b) and 2(d) and section 3 of the Canadian Charter of Rights and Freedoms.
In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.
Mahe v Alberta, [1990] 1 S.C.R. 342 is a leading decision of the Supreme Court of Canada. The ruling is notable because the court established that section 23 of the Canadian Charter of Rights and Freedoms requires that parents of the official-language minority in each province have the right either to be represented on the school board, or to have a school board of their own, in order to provide adequate protection for the education rights of their children.
Section 29 of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v. Alberta (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the Charter.
Reference Re Public Service Employee Relations Act (Alta), [1987] 1 S.C.R. 313 is a leading opinion of the Supreme Court of Canada on right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court held that section 2(d) does not include the right to strike.
R v Beaulac [1999] 1 S.C.R. 768 is a decision by the Supreme Court of Canada on language rights. Notably, the majority adopted a liberal and purposive interpretation of language rights in the Canadian Charter of Rights and Freedoms, overturning conservative case law such as Société des Acadiens v. Association of Parents (1986). As the majority wrote, "To the extent that Société des Acadiens du Nouveau-Brunswick... stands for a restrictive interpretation of language rights, it is to be rejected."
The Greater North Central Francophone Education Region No. 2, known in French as the Conseil scolaire Centre-Nord (CSCN), is one of Alberta’s four French language school board. French language education is intended for children who are eligible under section 23 of the Canadian Charter of Rights and Freedoms. The CSCN is a composite board, operating both public and catholic francophone schools in Beaumont, Camrose, Edmonton, Fort McMurray, Jasper, Legal, Lloydminster, Red Deer, Sherwood Park, St. Albert and Wainwright. The CSCN receives funding for all students from the provincial Government of Alberta.
