Our History 😊

History of Charter

My fellows the more you know about the past the better you ae prepared for the future. We are not the makers f history but are made by history. The roots of the Charter lie in the desire for Canada to gain full control over the Constitution. Because Canada's original Constitution was an act of the British Parliament in 1867, only Britain had the power to change it.

In 1980, Canada and its provinces began a collaborative process to bring home the Constitution and to incorporate a Charter of Rights and Freedoms. A committee of Canadian Parliamentarians, representing all parties, considered more than 1,200 written submissions and over 300 testimonies to develop the final Charter.

Receiving approval from Britain for the last time, Queen Elizabeth II signed the Canada Act on April 17, 1982 in Ottawa. This action gave Canada control over its Constitution and guaranteed the rights and freedoms in the Charter as the supreme law of the nation.

Section 16.1 was added to the Charter in 1993. It makes clear that the English-speaking and French-speaking communities of New Brunswick have equal rights, and that the Government of New Brunswick has a duty to protect and promote those rights.

Before the Charter came into effect, other Canadian laws protected many of the rights and freedoms that are now included in it. One example is the Canadian Bill of Rights, which Parliament enacted in 1960. It applies to legislation and policies of the federal government and guarantees rights and freedoms similar to those found in the Charter. However, the Bill of Rights is not part of the Constitution of Canada.

For decades, the Charter has been the source of change, progress and the affirmation of our society's values. Canadian courts have rendered hundreds of decisions in which they apply the Charter to bring Canadian laws into line with the principles and values of Canadian society. For example:

• With respect to language rights, the Charter has reinforced the rights of official language minorities.

• With regard to equality rights, the Charter has led to the recognition and enforcement of the rights of a number of minority and disadvantaged groups.

• In criminal matters, the Charter has clarified the state's powers with respect to the rights of the accused.