The greatest impact of the Charter, by sheer numbers, has been in the area of criminal law. Charter-protected legal rights have meant greater safeguards for accused persons, including the right to speak to a lawyer, to not be detained arbitrarily, and to be free against unreasonable search and seizure. With respect to police powers, the courts have also weighed in on the scope of police to search an individual’s garbage, the use of sniffer dogs, and their ability to search an individual’s cell phone or laptop.
Most recently, the Supreme Court of Canada’s decision in R v Jordan reinforced how the courts can use the Charter to highlight systemic problems in the criminal justice system. Section 11(b) of the Charter guarantees that any person charged with an offence has the right to a trial within a reasonable time. In light of lengthy delays to get to trial, the majority of the Supreme Court set out new time limits– meaning, anything above these limits can be considered “delay” (18 months for provincial court trials; 30 months for superior court trials). Following the decision, Crown prosecutors, defence counsel, and departments of justice continue to struggle to address systemic trial delays and to find tangible solutions where, for example, serious charges must be stayed given the Court’s new time limits. Outside of the criminal law sphere, the courts have interpreted equality rights as well as the right to life, liberty, and security of the person in the Charter. The impact of this interpretation has meant recognition of LGBT rights, protection of women’s reproductive rights, and protection for the security of marginalized groups such as sex trade workers.
Our Charter of Rights and Freedoms is 34 clauses long – relatively short, but mighty! It has changed the legal landscape in Canada since it was entrenched as Part 1 of our Constitution on April 17, 1982.At the grassroots level, the Charter also has also inspired Canadians to mobilize on emerging issues. In February 2017, students at 22 law schools across Canada engaged in an unprecedented research-a-thon for the “Research 4 Refugees” campaign, looking at possible legal challenges to the United States’ executive order for extreme vetting of refugees. In their final report, the students relied on the Charter to support their conclusions. The Charter has become a powerful tool for protecting Canadians’ rights and freedoms in its 35 years. Given its track record, there is little doubt that it will continue to be used to ensure that our governments are responding in constitutionally appropriate ways to the changes and challenges of our times.
