While you celebrated the Easter holiday, you may have missed an important anniversary in Canadian history.
The Canadian Charter of Rights and Freedoms, perhaps the most significant piece of legislation in Canada, turned 40.
The document, signed in 1982 by Queen Elizabeth II and Prime Minister Pierre Elliott Trudeau, set out the social contract between Canadians and their government as a country independent from the United Kingdom.
“The Charter protects the rights and freedoms that define who we are as Canadians, allowing us to express our individuality and celebrate our differences. Built around our shared values of equality, justice, and freedom, it brings us closer as a country and as a people – and it makes Canada a place of choice for people from across the globe to raise a family," said Prime Minister Justin Trudeau in a statement marking the anniversary.
University of Windsor political science professor Lydia Miljan said in addition to enshrining rights and freedoms in the constitution, it included a clause about peace, order, and good governance.
"This restricts the public's ability to do whatever they want and so the government can put limits on people's enshrined rights in the charter if it's contrary to the notion of peace, order, and good governance," said Miljan.
She says it cannot be overstated how significantly the document has shaped Canadian society since its passing. She says all important societal issues, like same-sex marriage and medically assisted death, were adjudicated in court with the Charter of Rights and Freedoms in mind.
"It's a living document, and there is enough flexibility in it for the courts to apply the general concepts to a changing world," said Miljan. "It's been able to evolve as society has evolved, and court decisions have actually pushed the document far beyond what the original crafters of the document could even imagine."
