Skip to content
Study Hall
Lesson 1 of 8Canada, 1982 to the Present
Unit 5 · Lesson 1 of 8

The Charter of Rights and Freedoms in Action

What the Charter of Rights and Freedoms protects, how section 1 lets governments set reasonable limits, how landmark Supreme Court cases such as Singh, Oakes, Morgentaler, Andrews, Sparrow, Vriend and Carter changed Canadian law, and why the notwithstanding clause (section 33) has become a source of debate again since 2018.

6 min read9 practice questionsAsk AI about this →

Key things to remember

  1. 1The Charter of Rights and Freedoms became part of the constitution with the Constitution Act, 1982, proclaimed April 17, 1982; equality rights (section 15) took effect April 17, 1985.
  2. 2Section 1 allows reasonable limits on rights that can be justified in a free and democratic society; the Oakes test (1986) decides whether a limit is justified.
  3. 3Section 33 (the notwithstanding clause) lets a legislature override section 2 or sections 7–15 for five years at a time; it cannot override democratic, mobility or language rights.
  4. 4Landmark cases: Singh (1985), Oakes (1986), Morgentaler (1988), Andrews (1989), Sparrow (1990, section 35 Aboriginal rights), Vriend (1998), Carter (2015).
  5. 5The Charter limits governments and their laws; it does not directly govern private disputes, which are handled by human rights codes.

In 1991 Delwin Vriend, a lab coordinator at a private college in Edmonton, was fired after his employer learned he was gay. He tried to file a complaint with the Alberta Human Rights Commission, but Alberta's human rights law did not list sexual orientation as a protected ground, so the commission could not take his case. Before 1982 that would have been the end of the story: in Canada, an elected legislature had the final word. But the Constitution Act, 1982 (see Unit 4) added the Canadian Charter of Rights and Freedoms to the constitution, and the Charter is supreme law. In 1998 the Supreme Court of Canada ruled that Alberta's law violated the Charter's equality rights and must be read as protecting gay and lesbian people. This lesson looks at how the Charter has reshaped Canada since 1982, through court cases, new laws and fierce debates about who should have the last word: judges or elected governments.

What the Charter protects

Section 1: reasonable limitsThe rights below are guaranteed subject only to reasonable limits, set by law, that canbe “demonstrably justified in a free and democratic society”.Canadian Charter of Rights and Freedoms (1982): the main categoriesFundamentalfreedomsSection 2Conscience andreligion; thought,belief, opinionand expression,including thepress; peacefulassembly;associations. 33 can overrideDemocraticrightsSections 3–5Vote and run foroffice; electionsat least everyfive years;Parliament sits atleast once every12 monthsMobility rightsSection 6Enter, remain inand leave Canada;move to and earn aliving in anyprovinceLegal rightsSections 7–14Life, liberty andsecurity of theperson; nounreasonablesearch orarbitrarydetention; alawyer; a fairtrials. 33 can overrideEquality rightsSection 15 (in force 1985)Equal before and under thelaw, withoutdiscrimination based on,for example, race,religion, sex, age ordisabilitys. 33 can overrideOfficial languagesSections 16–22English and French haveequal status in Parliamentand the Government ofCanada (and in NewBrunswick)Minority languageeducationSection 23English or Frenchminorities may have theirchildren taught in theirlanguage where numberswarrantSection 33: the notwithstanding clauseParliament or a provincial legislature may declare that a law operates notwithstandingsection 2 or sections 7 to 15 (the dashed cards). The declaration expires after fiveyears unless it is re-enacted.Also in the Charter: section 24 (go to court for a remedy), section 25 (Aboriginal andtreaty rights are not reduced), section 28 (rights guaranteed equally to men and women).
Fig 1The Charter's main categories of rights: fundamental freedoms (section 2), democratic rights, mobility rights, legal rights, equality rights (section 15), official languages and minority language education rights, framed by section 1 (reasonable limits) and section 33 (the notwithstanding clause).
CategorySectionsWhat it protects (examples)
Fundamental freedoms2Freedom of conscience and religion; of thought, belief, opinion and expression, including freedom of the press; of peaceful assembly; and of association
Democratic rights3–5Every citizen's right to vote and run for office; elections at least every five years; Parliament must sit at least once a year
Mobility rights6Citizens may enter, remain in and leave Canada, and move to and work in any province
Legal rights7–14Life, liberty and security of the person; protection from unreasonable search and arbitrary detention; the right to a lawyer, to a fair trial and to be presumed innocent
Equality rights15Equal treatment under the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability, plus similar (analogous) grounds the courts have added, such as sexual orientation and citizenship
Official languages16–22English and French have equal status in Parliament and the federal government (and in New Brunswick)
Minority language education rights23Where numbers warrant, citizens of the English or French minority in a province can have their children educated in their language
The main categories of rights in the Charter of Rights and Freedoms.
Section 1: rights with reasonable limits
No right is unlimited. Section 1 says the Charter's rights are subject to "reasonable limits" that can be "demonstrably justified in a free and democratic society". In R. v. Oakes (1986) the Supreme Court set out a test: the government's goal must be pressing and important, and the limit must be rationally connected to that goal, impair the right as little as possible, and do more good than harm. Hate-speech laws, for example, limit freedom of expression but have been upheld under section 1.

The Charter in court: landmark cases

Case (year)The issueWhat the Supreme Court decided and why it mattered
Singh (1985)Refugee claimants were refused without an oral hearingSection 7 protects everyone physically in Canada, not just citizens; Ottawa created the Immigration and Refugee Board (1989) to give claimants hearings
Oakes (1986)A drug law made the accused prove his innocenceStruck down as violating the presumption of innocence; created the Oakes test for section 1
Morgentaler (1988)Criminal Code rules required approval by a hospital committee for an abortionRuled 5–2 that the law's procedures violated security of the person (section 7); since then Canada has had no criminal law on abortion, which is regulated as health care
Ford (1988)Quebec's Bill 101 required French-only commercial signsRuled the ban violated freedom of expression; Quebec responded by passing Bill 178 using the notwithstanding clause
Andrews (1989)British Columbia barred non-citizens from practising lawThe first major section 15 case: equality means substantive equality (looking at a law's real effects), and citizenship counts as an analogous ground
Sparrow (1990)A Musqueam fisher was charged for using a net longer than allowedSection 35 of the Constitution Act, 1982 (outside the Charter) protects existing Aboriginal rights such as fishing for food and ceremonial purposes; governments may limit them only with strong justification
Vriend (1998)Alberta's human rights law left out sexual orientationThe omission violated section 15; sexual orientation was read into the law
Carter (2015)The Criminal Code banned physician-assisted deathRuled 9–0 that a total ban violated section 7 for competent adults with grievous and irremediable medical conditions; Parliament passed a medical assistance in dying (MAID) law in June 2016
Landmark Supreme Court of Canada decisions since 1982.
Historical perspective on contested decisions
Morgentaler and Carter dealt with abortion and assisted dying, issues on which Canadians hold deeply different moral views. Some people saw the decisions as protecting personal choice and bodily autonomy; others, including many disability advocates in the case of assisted dying, raised concerns about protecting vulnerable people. A historian's job is not to pick a side but to explain what the court decided, why, and how different groups responded.

The notwithstanding clause (section 33)

The notwithstanding clause was the compromise that won over several premiers during the 1981 negotiations. It lets Parliament or a provincial legislature declare that a law will operate "notwithstanding" (in spite of) section 2 or sections 7 to 15 of the Charter. It cannot be used to override democratic rights, mobility rights or language rights. A declaration expires after five years unless it is renewed, so that voters get a chance to judge it at an election. For decades it was used rarely: Quebec added it to all of its laws from 1982 to 1985 in protest against patriation, Saskatchewan used it in a 1986 back-to-work law, and Quebec used it in 1988 to keep French-only outdoor signs after the Ford decision.

  • Quebec, 2019 (Bill 21): banned some public employees in positions of authority, such as police officers, judges and people who teach in public schools, from wearing religious symbols at work; renewed in 2024. In 2025 the Supreme Court of Canada agreed to hear a challenge to it, a case expected to clarify how governments may use section 33.
  • Quebec, 2022 (Bill 96): strengthened French-language requirements in business, government and education, with the clause applied to the whole law.
  • Ontario, 2022: used the clause in a law ordering education workers not to strike; the law was repealed within weeks after widespread protest.
  • Saskatchewan, 2023: used the clause in a law requiring parental consent before schools use a new name or pronoun for students under 16.
  • Alberta, 2025: used the clause in a back-to-work law ending a province-wide strike in public schools (October) and in legislation concerning transgender youth (December).
Two perspectives on section 33
Supporters argue that elected governments, not appointed judges, should make the final decisions on difficult social questions, and that the clause is a legitimate part of the 1982 bargain. Critics argue that using it before any court has ruled (pre-emptively) turns Charter rights into suggestions, especially for minorities who cannot win a majority vote. When you assess a use of the clause, identify whose rights were affected and who held the power to decide.

Rights also changed through new laws. Section 15 came into force on April 17, 1985, three years after the rest of the Charter, to give governments time to fix discriminatory laws. That same year, Bill C-31 amended the Indian Act to restore status to First Nations women who had lost it by marrying non-status men, a change pushed by activists such as Sandra Lovelace and Mary Two-Axe Earley. Section 25 states that the Charter cannot be used to take away Aboriginal and treaty rights. Following court rulings in several provinces, the Civil Marriage Act (2005) made same-sex marriage legal across Canada, and federal pay equity laws aimed to close gaps in wages between women and men.

Worked examples

Reveal one step at a time and try to beat it to the next line.

Example 1
Explain how the Vriend case reached the Supreme Court even though Vriend was fired by a private employer, which the Charter does not directly govern.
Example 2
A province passes a law and invokes the notwithstanding clause before any court has ruled on it. Analyse this use from two perspectives and explain what limits still apply.
Example 3
Assess the historical significance of R. v. Sparrow (1990) for First Nations, even though it was not a Charter case.

Where marks get lost

  • Saying the Charter stops private businesses or individuals from discriminating. The Charter applies to governments and their laws; private discrimination is covered by provincial and federal human rights codes.
  • Believing the notwithstanding clause can override any right. It covers only section 2 and sections 7–15, and each use expires after five years.
  • Treating section 35 (Aboriginal and treaty rights) as part of the Charter. It is in a separate part of the Constitution Act, 1982, so the notwithstanding clause cannot be used against it.
  • Describing Morgentaler or Carter as courts "legalizing" or "banning" something on moral grounds. Both decisions turned on section 7 (life, liberty and security of the person) and how the existing laws affected people.
  • Forgetting that rights have limits. Under section 1, governments can justify reasonable limits using the Oakes test.

Flashcards 9

Canadian Charter of Rights and Freedoms
Section 1
Oakes test (1986)
Notwithstanding clause (section 33)
+ 5 more

Practice

1
Which part of the Charter allows governments to place reasonable limits on rights?
2
What is the longest time, in years, that a use of the notwithstanding clause can last before it must be renewed?
years
3
Match each Supreme Court case to what it decided.
Singh (1985)
Andrews (1989)
Sparrow (1990)
Vriend (1998)
Carter (2015)
4
Which of these rights can a legislature override with the notwithstanding clause?
5
Name the 1985 law that restored Indian status to First Nations women who had lost it by marrying non-status men.
6
Put these events in chronological order, earliest first.
  1. 1The Civil Marriage Act makes same-sex marriage legal across Canada
  2. 2The Supreme Court decides Vriend
  3. 3The Supreme Court decides Carter
  4. 4The Constitution Act, 1982, including the Charter, is proclaimed
  5. 5Section 15 equality rights take effect
  6. 6The Supreme Court decides Morgentaler
7
Why could Delwin Vriend use the Charter even though a private college fired him?
8
Which statement about the notwithstanding clause since 2018 is accurate?
9
Section 15 of the Charter protects which kind of rights?

Spot a mistake on this page? Let us know