House of Commons of Canada
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons meets in a temporary Commons chamber in the West Block of the parliament buildings on Parliament Hill in Ottawa, while the Centre Block, which houses the traditional Commons chamber, undergoes a ten-year renovation; the House of Commons is a democratically elected body whose members are known as Members of Parliament. There were 308 members in the last parliament, but that number has risen to 338 following the election on Monday October 19, 2015. Members are elected by simple plurality in each of the country's electoral districts, which are colloquially known as ridings. MPs may hold office until Parliament is dissolved and serve for constitutionally limited terms of up to five years after an election. However, terms have ended before their expiry and the sitting government has dissolved parliament within four years of an election according to a long-standing convention.
In any case, an Act of Parliament now limits each term to four years. Seats in the House of Commons are distributed in proportion to the population of each province and territory. However, some ridings are more populous than others, the Canadian constitution contains some special provisions regarding provincial representation; as a result, there is some regional malapportionment relative to population. The House of Commons was established in 1867, when the British North America Act—now called the Constitution Act, 1867—created the Dominion of Canada, was modelled on the British House of Commons; the lower of the two houses making up the parliament, the House of Commons in practice holds far more power than the upper house, the Senate. Although the approval of both Houses is necessary for legislation, the Senate rarely rejects bills passed by the commons. Moreover, the Cabinet is responsible to the House of Commons; the prime minister stays in office only as long as they retain the support, or "confidence", of the lower house.
The term derives from the Anglo-Norman word communes, referring to the geographic and collective "communities" of their parliamentary representatives and not the third estate, the commonality. This distinction is made clear in the official French name of the body, Chambre des communes. Canada and the United Kingdom remain the only countries to use the name "House of Commons" for a lower house of parliament; the House of Commons came into existence in 1867, when the British Parliament passed the British North America Act, uniting the Province of Canada, Nova Scotia and New Brunswick into a single federation called the Dominion of Canada. The new Parliament of Canada consisted of the Senate and the House of Commons; the Parliament of Canada was based on the Westminster model. Unlike the UK Parliament, the powers of the Parliament of Canada were limited in that other powers were assigned to the provincial legislatures; the Parliament of Canada remained subordinate to the British Parliament, the supreme legislative authority for the entire British Empire.
Greater autonomy was granted by the Statute of Westminster 1931, after which new acts of the British Parliament did not apply to Canada, with some exceptions. These exceptions were removed by the Canada Act 1982. From 1867, the Commons met in the chamber used by the Legislative Assembly of Canada until the building was destroyed by fire in 1916, it relocated to the amphitheatre of the Victoria Memorial Museum—what is today the Canadian Museum of Nature, where it met until 1922. Until the end of 2018, the Commons sat in Centre Block chamber. Starting with the final sitting before the 2019 federal election, the Commons sits in a temporary chamber in the West Block until at least 2028, while renovations are undertaken in the Centre Block of Parliament; the House of Commons comprises 338 members. The constitution specifies a basic minimum of 295 electoral districts, but additional seats are allocated according to various clauses. Seats are distributed among the provinces in proportion to population, as determined by each decennial census, subject to the following exceptions made by the constitution.
Firstly, the "senatorial clause" guarantees that each province will have at least as many MPs as Senators. Secondly, the "grandfather clause" guarantees each province has at least as many Members of Parliament now as it had in 1985; as a result of these clauses, smaller provinces and provinces that have experienced a relative decline in population have become over-represented in the House. Ontario, British Columbia, Alberta are under-represented in proportion to their populations, while the other seven provinces are over-represented. Boundary commissions, appointed by the federal government for each province, have the task of drawing the boundaries of the electoral districts in each province. Territorial representation is independent of population; the calculation for the provinces is done with a base of 279 seats. The total population of the provinces is divided by 279 to equal the electoral quotient; the population of the province is divided by the electoral q
Constitution of Canada
The Constitution of Canada is the supreme law in Canada. Canada is one of the oldest constitutional democracies in the world; the constitution outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada. The composition of the Constitution of Canada is defined in subsection 52 of the Constitution Act, 1982, as consisting of the Canada Act 1982, all acts and orders referred to in the schedule, any amendments to these documents; the Supreme Court of Canada has held that the list is not exhaustive and includes a number of pre-confederation acts and unwritten components as well. See list of Canadian constitutional documents for details; the first semblance of a constitution for Canada was the Royal Proclamation of 1763. The act renamed the northeasterly portion of the former French province of New France as Province of Quebec coextensive with the southern third of contemporary Quebec; the proclamation, which established an appointed colonial government, was the constitution of Quebec until 1774, when the British parliament passed the Quebec Act, which expanded the province's boundaries to the Ohio and Mississippi Rivers, one of the grievances listed in the United States Declaration of Independence.
The Quebec Act replaced the French criminal law presumption of guilty until proven innocent with the English criminal law presumption of innocent until proven guilty. The Treaty of Paris of 1783 ended the American War of Independence and sent a wave of British loyalist refugees northward to Quebec and Nova Scotia. In 1784, the two provinces were divided; the winter of 1837–38 saw rebellion in both of the Canadas, with the result they were rejoined as the Province of Canada in 1841. This was reversed by the British North America Act in 1867. On 1 July 1867, there were four provinces in confederation as "One dominion under the name of Canada": Canada West, Canada East, Nova Scotia, New Brunswick. Title to the Northwest Territories was transferred by the Hudson’s Bay Company in 1870 and the province of Manitoba was in the same year the first created out of it. British Columbia joined confederation in 1871, followed by Prince Edward Island in 1873; the Yukon Territory was created by Parliament in 1898, followed by Alberta and Saskatchewan in 1905.
The Dominion of Newfoundland, Britain's oldest colony in the Americas, joined Canada as a province in 1949. Nunavut was created in 1999. An Imperial Conference in 1926 that included the leaders of all Dominions and representatives from India, led to the eventual enactment of the Statute of Westminster 1931; the statute, an essential transitory step from the British Empire to the Commonwealth of Nations, provided that all existing Dominions became sovereign of the United Kingdom and all new Dominions would be sovereign upon the grant of Dominion status. Newfoundland never ratified the statute, so it was still subject to imperial authority when its entire system of government and economy collapsed in the mid-1930s. Canada did ratify the statute, but had requested an exception because the Canadian federal and provincial governments could not agree on an amending formula for the Canadian constitution, it would be another 50 years. In the interim, the British parliament periodically passed enabling acts with respect to amendments to Canada's constitution.
The patriation of the Canadian constitution was achieved in 1982 when the British parliament, with the assent of the Canadian parliament, passed the Canada Act 1982, which included in its schedules the Constitution Act, 1982, the United Kingdom thus formally absolving itself of any remaining responsibility for, or jurisdiction over, Canada. In a formal ceremony on Parliament Hill in Ottawa, Queen Elizabeth II proclaimed both acts as law on 17 April 1982. Constitution Act, 1982, included the Canadian Charter of Freedoms. Prior to the charter, there were various statutes which protected an assortment of civil rights and obligations, but nothing was enshrined in the constitution until 1982; the charter has thus placed a strong focus upon individual and collective rights of the people of Canada. Enactment of the Charter of Rights and Freedoms has fundamentally changed much of Canadian constitutional law; the act codified many oral constitutional conventions and made amendment of the constitution more difficult.
The Canadian federal constitution could be amended by solitary act of the Canadian or British parliaments, by formal or informal agreement between the federal and provincial governments, or simply by adoption as ordinary custom of an oral convention or unwritten tradition, perceived to be the best way to do something. Since the act, amendments must now conform to certain specified provisions in the written portion of the Canadian constitution; this was an Act of the British parliament called the British North America Act 1867. It outlined Canada's system of govern
The Queen-in-Parliament, sometimes referred to as the Crown-in-Parliament or, more in the United Kingdom, as the King or Queen in Parliament under God, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its legislative role, acting with the advice and consent of the parliament. Bills passed by the houses are sent to the sovereign, or governor-general, lieutenant-governor, or governor as her representative, for Royal Assent, once granted, makes the bill into law. An act may provide for secondary legislation, which can be made by the Crown, subject to the simple approval, or the lack of disapproval, of parliament. Several countries, although having received their independence from the United Kingdom, operate under a system of President-in-Parliament, which formally designates the President as a component of Parliament alongside the House or two Houses; the concept of the Crown as a part of parliament is related to the idea of the fusion of powers, meaning that the executive branch and legislative branch of government are fused together.
This is a key concept of the Westminster system of government, developed in England and used across the Commonwealth and beyond. It is in contradistinction to the idea of the separation of powers; the specific language of "the Crown", "the King", or "the Queen" in parliament used in the Commonwealth realms alludes to the constitutional theory that ultimate authority or sovereignty rests with the monarch, but is delegated to elected and/or appointed officials. In federal realms of the Commonwealth, the concept of the Crown-in-the-legislature only applies to those units which are considered separate divisions of the monarchy, sovereign within their own sphere, such as Australian states or the Canadian provinces; the legislature of a territory does not receive its authority directly from the monarch, being instead delegated by the federal parliament. With city councils and other local governments in the Commonwealth, the idea of the Crown-in-council is not used, as the authority of local governments is derived from a charter or act that can be unilaterally amended by a higher level of government.
Because of the sovereign's place in the enactment of laws, the enacting clause of acts of Parliament may mention him or her, as well as the other one or two bodies of parliament. For example, British acts of parliament will start with: "BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, Commons, in this present Parliament assembled, by the authority of the same, as follows..." The phrasing, however, is different when the bill is passed under the provisions of the Parliament Acts 1911 and 1949, without the consent of the House of Lords. Canadian acts of Parliament contain the following enacting clause: "NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows..." Because the Queen remains a part of parliament, the enacting clause does not need to explicitly mention her, as in realms such as Australia and Tuvalu, where the clause is "The Parliament of Australia enacts" and "ENACTED by the Parliament of Tuvalu...", respectively.
This may represent a distinction between whether parliament or the Queen is the primary legislator, however. The Canadian province of Quebec does not use a Westminster-style enacting clause. Provincial statutes instead use the clause: "The Parliament of Québec enacts as follows." The Scottish Parliament follows a different approach. Although its acts require Royal Assent, the Scottish Parliament's authority is delegated from the United Kingdom Parliament, there is no directly equivalent concept of "Queen-in- Parliament". Instead of the enacting clause seen in UK acts, acts of the Scottish Parliament bear the following text above the long title: "The Bill for this Act of the Scottish Parliament was passed by the Parliament on and received Royal Assent on"
Senate of Canada
The Senate of Canada is the upper house of the Parliament of Canada, along with the House of Commons and the Monarch. The Senate is modelled after the British House of Lords and consists of 105 members appointed by the Governor General on the advice of the Prime Minister. Seats are assigned on a regional basis: four regions—defined as Ontario, the Maritime provinces, the Western provinces—each receive 24 seats, with the remaining portions of the country—Newfoundland and Labrador receiving 6 seats and the three northern territories each assigned the remaining one seat. Senators may serve until they reach the age of 75. While the Senate is the upper house of Parliament and the House of Commons is the lower house, this does not imply the Senate is more powerful than the House of Commons, it entails that its members and officers outrank the members and officers of the Commons in the order of precedence for the purposes of protocol. As a matter of practice and custom, the Commons is the dominant chamber.
The prime minister and Cabinet are responsible to the House of Commons and remain in office only so long as they retain the confidence of the House of Commons. The approval of both chambers is necessary for legislation and, the Senate can reject bills passed by the Commons. Between 1867 and 1987, the Senate rejected fewer than two bills per year, but this has increased in more recent years. Although legislation can be introduced in either chamber, the majority of government bills originate in the House of Commons, with the Senate acting as the chamber of "sober second thought"; the Senate came into existence in 1867, when the Parliament of the United Kingdom passed the British North America Act 1867, uniting the Province of Canada with Nova Scotia and New Brunswick into a single federation, a dominion called Canada. The Canadian parliament was based on the Westminster model. Canada's first prime minister, Sir John A. Macdonald, described it as a body of "sober second thought" that would curb the "democratic excesses" of the elected House of Commons and provide regional representation.
He believed that if the House of Commons properly represented the population, the upper chamber should represent the regions. It was not meant to be more than a brake on the House of Commons. Therefore, it was deliberately made an appointed house, since an elected Senate might prove too popular and too powerful and be able to block the will of the House of Commons; the original Senate chamber was lost to the fire that consumed the Parliament Buildings in 1916. Subsequently, the Senate sat in the mineral room of what is today the Canadian Museum of Nature until 1922, when it relocated to Parliament Hill. With the Centre Block undergoing renovations, temporary chambers have been constructed in the Senate of Canada Building, where the Senate began meeting in 2019. Reform of the Senate has been an issue since its creation, mirrors pre-Confederation debates regarding appointed Legislative Councils in the former colonies; the federal Parliament first considered reform measures in 1874 and the Senate debated reforming itself in 1909.
There were minor changes in 1965, when the mandatory retirement age for new Senators was set at 75 years and, in 1982, when the Senate was given a qualified veto over certain constitutional amendments. There have been at least 28 major proposals for constitutional Senate reform since the early 1970s and all have failed. Discussion of reforming the appointment mechanism resurfaced alongside the Quiet Revolution and the rise of Western alienation with the chief goal of making the Senate better represent the provinces in parliament, it was suggested that provincial governments should appoint senators, as was done in the United States before the Seventeenth Amendment to the United States Constitution. Others suggested that senators should be members of provincial legislatures, similar to the Bundesrat of Germany; the discussions suggested redistributing Senate seats to the growing western provinces Formal suggestions for equality of seats between provinces occurred in 1981. Schemes to create an elected Senate did not gain widespread support until after 1980, when Parliament enacted the National Energy Program in the wake of the energy crises of the 1970s.
Many Western Canadians called for a "Triple-E Senate", standing for elected and effective. They believed that allowing equal representation of the provinces, regardless of population, would protect the interests of the smaller provinces and outlying regions; the Meech Lake Accord, a series of constitutional amendments proposed by Prime Minister Brian Mulroney, would have required the federal government to choose a senator from a list of persons nominated by the provincial government. Before the failure of the Meech Lake accord, Alberta had passed the Senatorial Selection Act of 1987, which provided for the direct election of Alberta senators; the first of such elections was held in 1989. The results of these elections are non-binding, only prime ministers Brian Mulroney and Stephen Harper have appointed senators that had won these elections; the Charlottetown Accord, involved a provision under which the Senate would include an equal number of senators from each province, each elected either by the majority in the relevant provincial legislature or by the majority of voters in the province.
This accord was defeated in the referendum held in 1992. Prime Minister Stephen Harper was an advocate of
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary can be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary does not make statutory law or enforce law, but rather interprets law and applies it to the facts of each case. However, in some countries the judiciary does make common law, setting precedent for other courts to follow; this branch of the state is tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.
For a people to establish and keep the'Rule of Law' as the operative norm in social constructs great care must be taken in the election or appointment of unbiased and thoughtful legal scholars whose loyalty to an oath of office is without reproach. If law is to govern and find acceptance courts must exercise fidelity to justice which means affording those subject to its jurisdictional scope the greatest presumption of inherent cultural relevance within this framework. In the US during recent decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation". Since many countries with transitional political and economic systems continue treating their constitutions as abstract legal documents disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches have begun to grow. In the 1980s, the Supreme Court of India for a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a broad interpretation of several articles of the Indian Constitution.
Budget of the judiciary in many transitional and developing countries is completely controlled by the executive. This undermines the separation of powers, as it creates a critical financial dependence of the judiciary; the proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state, the private; the term "judiciary" is used to refer collectively to the personnel, such as judges and other adjudicators, who form the core of a judiciary, as well as the staffs who keep the system running smoothly. In some countries and jurisdictions, judiciary branch is expanded to include additional public legal professionals and institutions such as prosecutors, state lawyers, public notaries, judicial police service and legal aid officers; these institutions are sometimes governed by the same judicial administration that governs courts, in some cases the administration of the judicial branch is the administering authority for private legal professions such as lawyers and private "notary" offices.
After the French Revolution, lawmakers stopped interpretation of law by judges, the legislature was the only body permitted to interpret the law. In civil law juridictors at present, judges interpret the law to about the same extent as in common law jurisdictions – however it is different from the common law tradition which directly recognizes the limited power to make law. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law. However, the Louisiana Supreme Court notes the principal difference between the two legal doctrines: a single court decision can provide sufficient foundation for the common law doctrine of stare decisis, however, "a series of adjudicated cases, all in accord, form the basis for jurisprudence constante." Moreover, the Louisiana Court of Appeals has explicitly noted that jurisprudence constante is a secondary source of law, which cannot be authoritative and does not rise to the level of stare decisis.
In common law jurisdictions, courts interpret law. They make law based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions; the term common law refers to this kind of law. In civil law jurisdictions, courts interpret the law, but are prohibited from creating law, thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a similar role to case law. In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws. State courts, which try 98 % of litigation, may have organization.
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms. The original King's Bench, founded in 1215 in England, was one of the ancient courts of the land and is now a division of the High Court of Justice of England and Wales; the Court of Queen's Bench is the superior court in several Canadian provinces, including: Alberta Manitoba New Brunswick Saskatchewan There was a Court of King's Bench created in the British colony of Quebec in 1764. It was abolished and re-established in 1777, following the Quebec Act. Following the separation of Upper and Lower Canada in 1791, the single court was replaced by several courts of King's bench of each region of the two new provinces. In 1849, the districts were reunited once again. In England and Wales, the Court of King's Bench was the name of two courts; each was a senior court of common law, with civil and criminal jurisdiction, a specific jurisdiction to restrain unlawful actions by public authorities.
The English Court of Queen's Bench was abolished in 1875 by the Supreme Court of Judicature Act 1873. The Court's jurisdiction passed in each case to a new High Court of Justice and to the Queen's Bench Division of that court; the Irish Court of Queen's Bench was abolished by the Supreme Court of Judicature Act 1877. The Queen's Bench jurisdiction is now vested in the Queen's Bench Division of the High Court in Northern Ireland. There is a Queen's Bench Division as a division of the High Court of England and Wales and of the High Court in Northern Ireland. In England and Wales, the Queen's Bench Division is part of the High Court of Justice, it was created by the Supreme Court of Judicature Act 1873. In 1880 the former Common Pleas and Exchequer Divisions were merged into the Queen's Bench Division. Since 1882 the High Court has sat in the Royal Courts of Justice in the London. In Northern Ireland the Queen's Bench Division is part of the High Court of Justice in Northern Ireland, first created by Section 40 of the Government of Ireland Act 1920.
The Division has similar jurisdiction to its counterpart in Wales. It sits in the Royal Courts of Belfast; the Queen's Bench Division in England and Wales today consists of the Lord Chief Justice and fourteen puisne judges, exercising original jurisdiction and appellate jurisdiction from the county courts and other inferior courts, in practice being exercised by a division of the Queen's Bench only. Other sub-divisions include the Admiralty Court and the Administrative Court; the abbreviation QB in legal citation is used in the Law Reports to denote cases heard in the Queen's Bench Division. There are masters in the Queen's Bench Division, they have equal standing with Justices when doing so. The role of a Master in the High Court of Justice of England and Wales is concerned with trial and case management of High Court civil claims in London excluding committals to prison, judicial review and criminal cases, they hear applications, act as taxing masters and as referees to conduct inquiries, take accounts, assess damages.
There remains an appeal from the master to the Court of an Appeal Court Judge. The Court of Queen's Bench grew out of the King's Court, or Curia Regis, both in character and the essence of its jurisdiction, dates back to the reign of King Alfred. At first, it was not a court of law, but was the centre of royal power and national administration in England, consisting of the King, together with his advisors and administrators. At an unknown point, another court, independent of the King's personal presence, grew out of the Curia Regis, consisted of a number of royal judges who would hear cases themselves, it was recorded in the chronicle of Abbot Benedict of Peterborough that, in 1178, Henry II ordered that five judges of his household should remain in Curia Regis, referring only difficult cases to himself. The situation seemed, thereafter, to be that a central royal court, called The Bench, began to sit at Westminster, leading, at some stage, to a separation between the hearing of matters relevant to the King and those that had no royal connection, which came to be known as common pleas.
In 1215, the Magna Carta provided that there should be a court – the Common Bench, which met in a fixed place – and, by 1234, two distinct series of plea rolls existed: de banco – those from the Common Bench – and coram rege – for those from the King's Bench. The King's Bench, being a theoretically movable court, was excluded from hearing common pleas, which included all praecipe actions for the recovery of property or debt, while actions of trespass and replevin were shared between the two benches. In practice pleas of the Crown were heard only in the King's Bench; the King's Bench was further divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of in
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms, in Canada simply the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982; the Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles; the Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act. The Charter was preceded by the Canadian Bill of Rights, enacted in 1960. However, the Bill of Rights is only a federal statute, rather than a constitutional document; as a federal statute, it can be amended through the ordinary legislative process and has no application to provincial laws. The Supreme Court of Canada narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative; the relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada.
The movement for human rights and freedoms that emerged after World War II wanted to entrench the principles enunciated in the Universal Declaration of Human Rights. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau. One of the most notable effects of the adoption of the Charter was to expand the scope of judicial review, because the Charter is more explicit with respect to the guarantee of rights and the role of judges in enforcing them than was the Bill of Rights; the courts, when confronted with violations of Charter rights, have struck down unconstitutional federal and provincial statutes and regulations or parts of statutes and regulations, as they did when Canadian case law was concerned with resolving issues of federalism. The Charter, granted new powers to the courts to enforce remedies that are more creative and to exclude more evidence in trials.
These powers are greater than what was typical under the common law and under a system of government that, influenced by Canada's parent country the United Kingdom, was based upon Parliamentary supremacy. As a result, the Charter has attracted both broad support from a majority of the Canadian electorate and criticisms by opponents of increased judicial power; the Charter only applies to government laws and actions, sometimes to the common law, not to private activity. Under the Charter, people physically present in Canada have numerous political rights. Most of the rights can be exercised by any legal person, but a few of the rights belong to natural persons, or only to citizens of Canada; the rights are enforceable by the courts through section 24 of the Charter, which allows courts discretion to award remedies to those whose rights have been denied. This section allows courts to exclude evidence in trials if the evidence was acquired in a way that conflicts with the Charter and might damage the reputation of the justice system.
Section 32 confirms that the Charter is binding on the federal government, the territories under its authority, the provincial governments. The rights and freedoms enshrined in 34 sections of the Charter include: Precluding all the freedoms and forming the basis of the Charter, the first section, known as limitations clause, allows governments to justify certain infringements of Charter rights; every case in which a court discovers a violation of the Charter would therefore require a section 1 analysis to determine if the law can still be upheld. Infringements are upheld if the purpose for the government action is to achieve what would be recognized as an urgent or important objective in a free society, if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as hate speech and obscenity. Section 1 confirms that the rights listed in the Charter are guaranteed. In addition, some of these rights are subjected to the notwithstanding clause.
The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, some have speculated that its use would be politically costly. In the past, the notwithstanding clause was invoked by the province of Quebec; the provinces of Saskatchewan and Alberta have invoked the notwithstanding clause, to end a strike and to protect an heterosexual definition of marriage, respectively. The territory of Yukon passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force. Section 2: which lists what the Charter calls "fundamental freedoms" namely freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, freedom of association; the right to participate in political activities and the right to a democratic form of government are protect