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, sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming 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 governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
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.
The Charter of the French Language, also known in English as Bill 101, Law 101, or Quebec French Preference Law, is a law in the province of Quebec in Canada defining French, the language of the majority of the population, as the official language of the provincial government. It is the central legislative piece in Quebec's language policy, and one of the three statutory documents Quebec society bases its cohesion upon, along with the Quebec Charter of Human Rights and Freedoms and the Civil Code of Quebec. The Charter also protects the Indigenous languages of Quebec.
The Meech Lake Accord was a series of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and all 10 Canadian provincial premiers. It was intended to persuade the government of Quebec to symbolically endorse the 1982 constitutional amendments by providing for some decentralization of the Canadian federation.
The Charter of Human Rights and Freedoms, also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson.
The Victoria Charter was a set of proposed amendments to the Constitution of Canada in 1971. This document represented a failed attempt on the part of Prime Minister Pierre Trudeau to patriate the Constitution, add a bill of rights to it and entrench English and French as Canada's official languages; he later succeeded in all these objectives in 1982 with the enactment of the Constitution Act, 1982.
The Equality Party was a political party in Quebec, Canada, that promoted the use of English in Quebec on an equal basis with French. Four Equality Party members were elected to Quebec's National Assembly in 1989, as part of an anglophone reaction to changes made by the governing Liberals to Quebec's language law. The party had no success in subsequent elections, and stopped organizing after the 2003 Quebec election.
The Unity Party was a political party in Quebec, Canada.
The legal dispute over Quebec's language policy began soon after the enactment of Bill 101, establishing the Charter of the French Language, by the Parliament of Quebec in 1977.
Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography, hate speech, and obscenity.
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.
Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom called the British North America Acts.
Section 17 of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canada's two official languages, English and French. While the section 17 right to use either language within the Parliament of Canada repeats a right already anchored in section 133 of the Constitution Act, 1867, section 17 also guarantees the right to use both languages in the legislature of New Brunswick, the only officially bilingual province under section 16 of the Charter.
Because the country contains two major language groups and numerous other linguistic minorities, in Canada official languages policy has always been an important and high-profile area of public policy.
In Canada, the term quasi-constitutional is used for laws which remain paramount even when subsequent statutes, which contradict them, are enacted by the same legislature. This is the reverse of the normal practice, under which newer laws trump any contradictory provisions in any older statute.
Guy Rivard is a Canadian former politician in the province of Quebec. Rivard served in the National Assembly of Quebec from 1985 to 1994 as a member of the Liberal Party and was a junior minister in the government of Robert Bourassa. His handling of Quebec's language laws in 1989 attracted national attention.
Nicole Boudreau is a Canadian administrator, activist, and politician in Montreal, Quebec. Closely associated with the Quebec sovereigntist movement, she led the Saint-Jean-Baptiste Society in Montreal from 1986 to 1989 and oversaw the group Partenaires pour la souveraineté in the 1990s.
A few days after the Supreme Court of Canada delivered its ruling in the 1988 case of Ford v. Quebec, a decision which approved multilingual commercial expression, the Parti libéral du Québec (PLQ) government of premier Robert Bourassa amended Bill 101 with Bill 178. This latter Act maintained French as the only language on outdoor "public signs, posters and commercial advertising" and within shopping centres and the public transit system. The only exceptions were "foreign-language" signs indoors, subject to approval by the Office de la langue française, and advertisements carried in non-French media, such as the Montreal Gazette.
The Act respecting the laicity of the State, introduced and commonly referred to as Bill 21 or Law 21, is a statute passed by the National Assembly of Quebec in 2019 which asserts that Quebec is a lay state. It prohibits the wearing of religious symbols by certain public employees in positions of authority and grandfathers in those who were already in office when the bill was introduced. The statute operates despite the Quebec Charter of Human Rights and Freedoms, and also notwithstanding certain sections of the Canadian Charter of Rights and Freedoms.
