Topic > The Canadian Charter of Rights and Freedoms - 2464

The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II on April 17, 1982. Often referred to as the Charter, it states the rights and freedoms of Canadians in the Constitution of Canada. The Charter includes fundamental freedoms, democratic rights, mobility rights, legal rights, linguistic rights and equality rights. The primary function of the Charter is to serve as a regulatory check between the federal, provincial and territorial governments and the people of Canada. Being the successor to the Canadian Bill of Rights which was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that empowered the judiciary to render regulations and statutes unconstitutional at both the federal and provincial levels of government. While the rights and freedoms of Canadians are guaranteed, Sections one and seven of the Charter allow federal and provincial governments to limit the rights and freedoms enjoyed by Canadians. The first section of the Charter, entitled "Rights and Freedoms in Canada", states: "The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out therein subject only to such reasonable limits as may be prescribed by law which can be demonstrably justified in a free and democratic environment". society." This section is often referred to, and is better known, as the reasonable limits clause. The second section of the Charter that limits rights and freedoms, known as the "notwithstanding clause", is section thirty-three entitled "Exception where an express declaration" states (1) that the Parliament or the legislature of a province may expressly declare in an Act of the Parliament or the Legislature, as the case may be, that the Act or any provision thereof shall... in the middle of the paper…undermine the rights and freedoms of individuals who abuse the system. The federal government and the good faith ability of the provincial government to impose limits on the rights and freedoms enjoyed by the citizens of this great nation is an absolute necessity. The boundaries permitted by the “reasonable limits clause,” the “notwithstanding clause,” and the need for greater powers in extreme circumstances demonstrate society's inherent need for boundaries to prevent disorder and chaos. If governments were unable to invoke restrictions, chaos and anarchy would prevail. However, it is equally important to ensure that the restrictions do not unreasonably infringe on the rights and freedoms of Canadians. If governments began to continually and unreasonably violate the rights and freedoms, individual Canadians would become a communist state like North Korea.