Charter Issues

• Author: Roger McConchie; David Potts
• Profession: Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario
• Pages: 921-925

C H A P T E R T H I R T Y - T H R E E I

Charter Issues

Sections

1 and

2(b)

of the

Canadian Charter

of

Rights

and

Freedoms, R.S.C.

1985,

Appendix

II, No. 44

provide:

1.

The

Canadian Charter

of

Rights

and

Freedoms guarantees

the

rights

and

freedoms

set out in it

subject only

to

such reasonable limits prescribed

by law as can be

demonstrably justified

in a

free

and

democratic society.

2.

Everyone

has the

following fundamental

freedoms:

...

(b)

freedom

of

thought,

belief,

opinion

and

expression, including

free-

dom of the

press

and

other media

of

communication;

Section

24(1)

of the

Charter

provides:

Anyone

whose rights

or

freedoms,

as

guaranteed

by

this Charter, have been

infringed

or

denied

may

apply

to a

court

of

competent jurisdiction

to

obtain

such remedy

as the

court considers appropriate

and

just

in the

circum-

stances.

Section

52(1)

of the

Constitution Act, 1982

provides:

The

Constitution

of

Canada

is the

supreme

law of

Canada,

and any law

that

is

inconsistent with

the

provisions

of the

Constitution

is, to the

extent

of the

inconsistency,

of no

force

or

effect.

Section

33 of the

Charter

provides

for

legislative

override

of the

section

2(b)

rights

and

freedoms:

(1)

Parliament

or the

legislature

of a

province

may

expressly declare

in an Act

of

Parliament

or of the

legislature,

as the

case

may be,

that

the Act or a

pro-

vision thereof shall operate notwithstanding

a

provision included

in

section

2

or

sections

7 to 15 of

this Charter.

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