Term: Constitution Act

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Glossary Definition

Last Updated: 2024-07-08

Definition:

The Constitution Act is a piece of federal Canadian legislation passed in 1982. This legislation enshrined the Canadian Charter of Rights and Freedoms in Canada’s Constitution. This prevents governments (both federal and provincial/territorial) from infringing on the rights and freedoms of Canadians.

In addition, laws enacted by governments must be in compliance with these rights. If they are not, they can be challenged in court and the court can choose to strike them down as unconstitutional.

The enactment of the Charter significantly increased the rights of criminal defendants. Many sections can and have been applied to criminal cases. Particularly relevant to those in the justice system are the following:

• life, liberty and security of the person (section 7);
  
• search and seizure (section 8);
  
• detention or imprisonment (section 9);
  
• arrest or detention (section 10) (including the right to counsel under section 10(b));
  
• proceedings in criminal and penal matter (section 11);
  
• treatment or punishment (section 12);
  
• self-incrimination (section 13); and
  
• exclusion of evidence bringing administration of justice into disrepute (section 24(2)).

As mentioned, the Charter also outlines certain limits to the rights it details. Two important sections in this regard are sections 1 and 33. Section 1 allows for the government to make the legitimate argument that, despite violating a Charter right, a certain law needs to exist as a reasonable limit on that right. Section 33 (‘the notwithstanding clause’) allows governments to override the rights and freedoms protected in the Charter that they disagree with.

(Source: Government of Canada website - Guide to the Canadian Charter of Rights and Freedoms - Accessed April 16, 2024)

Related concepts 

• Charge

Related terms 

• Accused Appeal
• Act
• Criminal Courts Automated Information Network (CCAIN) Data
• Crown Appeal

Links 

• The Canadian Encyclopedia Canadian Charter of Rights and Freedoms