WHAT IS

CONSTITUTIONAL LAW ABOUT?

All laws of Canada, provincial and federal, must conform to the Constitution, the Canadian Charter of Rights and Freedoms.

Any laws inconsistent with the Constitution have no force or effect. However, there is the infamous notwithstanding clause, section 7 of the charter which permits exceptions for women, aboriginals and certain other groups.

It can take years for a law to be overturned and many people languish in jail waiting for a ruling. It does not work like the TV shows.

Canadian constitutional law relates to the interpretation and application of the Constitution of Canada by the Courts.

CANLAW KNOWS

CONSTITUTIONAL LAW  LAWYERS

Public interest groups may bring Charter matters before the Supreme Court of Canada but only if they satisfy the requirements of the Borowski test.

The group must demonstrate that the law they are challenging raises a serious constitutional issue, the group has a genuine interest in the matter, and that there is no other reasonable and effective manner in which the issue may be brought before the Court.

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HERE ARE THE KEY POINTS OF THE

CANADIAN BILL OF RIGHTS

Section 1 guarantees and limits the rights and freedoms set out in the Charter. The rights and freedoms include:

 

• Fundamental freedoms (freedom of religion
• Freedom of expression, freedom of association)
• Democratic rights (the right to vote and hold office)
• The right to live or work anywhere in Canada
• The right to life, liberty and personal security
• Equality rights
• The official languages of Canada
• Minority language education rights
• Multiculturalism, and
• Aboriginal rights.
• Men do not have any rights, it seems.

 

These rights are not absolute. Under section 1, these rights can be limited to protect other rights or values important to Canadian society.

 

For a Charter right to be limited, the limit must be

• Prescribed by law
• Reasonable
• Justifiable in a free and democratic society

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