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The Canadian Charter of Right and Freedom.Twenty years ago in 1982 the Charter of Rights and Freedoms was born to Canadian Constitution. Nodoubt, it was a difficult achievement made possible by the people of Canada under the gallant leadership of the then Prime Minister Truedeau. This very development could give a new look to the crusade for individual rights that in modern history was initiated in 1215 with the emergence of Magna Carta. This logical outcome of the philosophical and intellectual movement during the last decades of 20th century is found in line with the serial developments that include for example,‘the Petition of Rights’ (1628), ‘The Bill of Right’ (1689), and‘The Heabus Corpus’ (1679). Hence the enforcement of the Canadian Charter of Rights and Freedom during the late twentieth century is found as paving ways to a new dimension on the issue. Being the intellectual produce of the Declaration of Human Rights (1948), European Convention on Human Rights (1950) and International Bill of Rights and its related covenants of Human Rights (1968), the enforcement and adoption of the Canadian Charter has virtually recognized and prevailed the universal concept that ‘international law take precedence over the national law’. The peculiar historical backgrounds and soco-political compusion of Canada contributed a lot to this effect. Historically after the Second World War the urge for the establishment of “a just society” continued like anywhere else in Canada too. The ideological issues and challenges from socialist world were mounting pressures that made the search for a viable charter urgently relevant. In this regards during the 60’s the then Prime Minister John Diefenbaker’s introduction of a Bill of Rights to help protect citizens from the state had further arouse the very search. The Diefenbaker Bill came short of mobilizing the entire socio-polical national horizons as it could furnish the federal legislature with the declaration not to be forming laws contrary to the human rights. Then the struggle for establishing “a just society” was further accelerated as amid politically motivated Quebec. Now the issue of collective national rights versus the individual rights had taken a new look that finally led the federal government to the declaration of emergency in Quebec. Thanks goodness during that very hour the UN declaration of Human rights was illustrative enough to guide and direct the Canadian debate. Hence by the year 1980, basic rights pertaining to the aboriginal people and language rights were successfully settled. The separatist’s failure in 1980 referendum had proved that the bilingual society was to move towards a new future. Now the concept of ‘earlier nations’ and that of the ‘founding nations’ in the background of bilingual society was moving the entire country towards the establishment of a new social order. Accordingly such a society was to ensure all basic human rights including freedom of belief and expression, freedom of association and the right to a fair trail with zero discrimination on the basis of race, religion, ethnic, or national origin. It was the era when living under a bipolar world order, Canada in the US Neighbourhood was immensely influenced by the hostile ideologies aggravating the achievement of individual rights to the extent that in 1980 the province of Quebec had to undergo a referendum on its future. The failure of Quebec referendum in 1980 under the slogan of ‘sovereignty-association’ could finally paved ways for the success of charter of rights and freedoms in Canada. Going through the details of the post 1980 era the unbiased researcher do remark that the post 1980 era to this day belongs to Pier Elliot Trudeau and his justice minister and successor Jean Chretian. The constitutional debate was unique with regards to Canadian socio-political facts and figures. During all these years the issues like aboriginal rights, French Canadian rights, future of parliamentary democracy and supremacy of parliament were repeatedly discussed. The debate extended from coast to coast with all its diversities, historical legacies and future goals in each of the ten provinces and their respective local governments had been multi-dimensional. It was when conservatism confronted Liberalism while both challenging in turn socialism around the country. Here all platonic philosophies and teachings were tossed and modern ones were invented. All these hurdles, obstacles, prejudices, hopes and mistrusts, after years of debates, bargains, discussions and negotiations resulted into the signing on April17, 1982 by the Queen the Canadian Constitution that included the Charter of Rights and Freedoms. During the past two decades the very Charter has ensured people in the country their due. Ushering a new era in Canadian Law now the courts having a new role in protecting individual rights can even take remedial steps by declaring the very law void and striking it down that leads to violation of individual rights. Also the witness and evidence collected in violation of charter can be declared ultra virus. And that is where the critics believe that the Canadian Charter has clouded the very concept and practice of the supremacy of parliament in this country. The parliament framed legislation can be undone by the judges as invalid for its coming against the Charter. No doubt the Canadian Charter of Rights and Freedom revolutionaries the system of justice and thus has given rise to the creation of a new and unique culture of Human Rights in this part of the world. During the last twenty years various laws and regulations have come to the anvil and declared void. For example it was because of the Charter that the court could strike down the federal Lord’s Day Act that disallowed the Sunday store business, or decriminalizing abortion etc. With regard to individual rights the charter has even created valid similitude that police cannot secretly tap or videotape suspects without a warrant or plant undercover to spy against inmates in jails. All such events have positively paved ways for the rise to a new civic standard of living in the postindustrial democratic Canada. Observing on the consequences of such a constitutional revolution various critics are correctly crossed fingers as to them with in a span of two decade of time the worth and meaning of such jurisprudentially change can not be understood. Previous | Next
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