Today is the 30th anniversary of the Charter of Rights.
The Harper government has indicated that it will commemorate the special day with a news release. News releases may be appropriate for the opening of a bridge or a tunnel. However, they have no place marking a milestone in the country's history establishing Canada as a constitutional democracy.
The celebration of an important anniversary of the Charter of Rights must surely transcend partisan politics. The Charter isn't part of the Trudeau era or a feature of the Liberal party's legacy. It is a national treasure that belongs to all people living in Canada.
A movement should begin to declare April 17 as Charter of Rights Day and a national holiday. The Charter is an integral part of our national fabric and identity. It has garnered Canada respect in democratic countries around the world.
The Charter of Rights guarantees a series of rights including legal and equality rights. It also guarantees basic freedoms such as freedom of expression, religion and association. These rights and freedoms are not absolute and are subject to reasonable legal limits that can be clearly justified in a truly democratic society.
The Charter has had a profound impact in its 30-year history. Laws have been struck down but only after courts have engaged in a rigorous examination to determine if the laws can pass established constitutional standards.
An example is the decision released last week by the Supreme Court of Canada striking down an exception to the wiretap laws that uniquely allowed the police to use wiretaps in emergency situations without obtaining a warrant. The Supreme Court accepted that Parliament included stringent conditions to ensure that the wiretap law could only be used in emergency situations. However, the failure to include any measure of accountability to notify targets under audio surveillance was held to be a breach of Section 8 of the Charter guaranteeing the right to be secure against unreasonable search or seizure.
Parliament was given one year by the Supreme Court to amend the law to conform with the Charter. Parliament will be bound to follow the edict of the Charter and change the wiretap law. It is a timely demonstration of the supremacy of the Charter of Rights.
Happy 30th anniversary to Canada's Charter of Rights.
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