The Canadian Charter of Rights and Freedoms 1982 — Why It Matters

# The Canadian Charter of Rights and Freedoms 1982 — Why It Matters

The Charter is the part of Canada's Constitution that lists individual rights and freedoms. It became law in 1982 after years of difficult constitutional negotiations. This guide covers the history the citizenship test expects you to know.

Until 1982, Canada's Constitution was the British North America Act, 1867 — an act of the British Parliament. To change anything important, Canada had to ask London. By the 1970s this was politically awkward — Canada had been independent in foreign policy since 1931 (Statute of Westminster), but its Constitution still required British consent to amend.

There was also no entrenched bill of rights. The 1960 Canadian Bill of Rights was an ordinary federal statute that Parliament could amend or repeal at will, and it applied only to federal laws.

Prime Minister Pierre Elliott Trudeau had pushed for constitutional reform since the 1960s. After his return to office in 1980, he made patriation a priority and tied it to a new charter of rights.

Major events:

• 1980 — Negotiations with provincial premiers begin
• November 1981 — Federal-provincial conference in Ottawa. Most provinces sign on after the famous 'Kitchen Accord' — late-night negotiations between federal Justice Minister Jean Chrétien and provincial attorneys-general. Quebec was excluded from this deal.
• December 1981 — UK Parliament passes the Canada Act, 1982, transferring constitutional authority to Canada
• April 17, 1982 — Queen Elizabeth II proclaims the Constitution Act, 1982 in Ottawa. The Charter is now the supreme law of Canada.

Three things:

1. Patriated the Constitution — Canada now controls its own Constitution
2. Added an amending formula — most amendments need 7 of 10 provinces with at least 50% of the population (the "7/50 rule"); some changes need unanimous provincial consent
3. Added the Charter of Rights and Freedoms — Sections 1–34 of the Constitution Act, 1982

It also added Section 35, which protects existing Aboriginal and treaty rights — outside the Charter but in the same Constitution Act.

The equality-rights section (Section 15) was deliberately delayed by 3 years, coming into force on April 17, 1985. The delay gave Parliament and provincial legislatures time to review existing laws and amend any that might be inconsistent with equality. Many federal and provincial laws were updated between 1982 and 1985 to align with Section 15.

Quebec was bound by the Constitution Act, 1982, but Premier René Lévesque opposed the way it had been agreed without Quebec. The Supreme Court later confirmed Quebec was legally bound — there is no provincial veto power.

Two later attempts to bring Quebec into formal agreement failed:

• Meech Lake Accord (1987) — proposed to recognise Quebec as a 'distinct society' and grant a constitutional veto. Failed in 1990 when Manitoba and Newfoundland did not ratify.
• Charlottetown Accord (1992) — broader package including Quebec recognition, Senate reform, and Aboriginal self-government. Defeated in a national referendum in October 1992.

The Charter remains in force across Canada, but the political wound from Quebec's exclusion still surfaces in Canadian politics.

In the four decades since 1982, the Charter has transformed Canadian law:

• Privacy rights (R v Hunter, 1984)
• Same-sex equality (M v H, 1999; Reference re Same-Sex Marriage, 2004)
• Indigenous rights and Section 35 jurisprudence
• Medical assistance in dying (Carter v Canada, 2015)
• Climate change litigation based on Section 7 (ongoing)
• Trial within a reasonable time (Jordan, 2016)

Section 33 allows Parliament or any provincial legislature to pass a law that operates despite Sections 2 (fundamental freedoms) or 7–15 (legal and equality rights). The override lasts 5 years maximum before it must be re-enacted, ensuring it goes through an election cycle.

It was added during patriation as a concession to provinces who wanted a final political check on judicial review. Used sparingly federally; more often by provinces (Quebec, Ontario, Saskatchewan in particular).

Common test questions:

• "When did the Charter become law?" → 1982 (April 17, 1982)
• "Who was Prime Minister during patriation?" → Pierre Elliott Trudeau
• "What does the Charter protect?" → Rights and freedoms in Canada
• "What is the notwithstanding clause?" → Section 33 — temporary override

Charter questions are among the most common on the test. Drill them on our [free Canadian citizenship practice test](/practice-test). For the rights themselves, see [The Canadian Charter of Rights and Freedoms Explained](/blog/canadian-charter-of-rights-freedoms-explained).