Suchergebnisse

Section 27 of the Canadian Charter of Rights and Freedoms states: 'This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians', and we know surprisingly little about why the Canadian Federal Government agreed to insert it in the Charter and how this occurred. In this article I will use new historical evidence to explain both these things and I proceed in three stages. Firstly, I explain why the Canadian Federal Government agreed to include what became Section 27 in the Canadian Charter. Secondly, I explain how it was actually included. I then conclude the article by explaining why the evidence in it not only explains why and how Section 27 was included in the Charter; it also increases the possibility that a largely unsubstantiated claim made by certain prominent scholars is true. The claim is that the Canadian Federal Government's policy of multiculturalism was used to shape the Canadian national identity.

The Canadian Charter of Rights and Freedoms is Part 1 of the Constitution Act, 1982, which is part of the "Constitution of Canada". By virtue of section 52(1) of the Constitution Act, 1982, the Constitution of Canada is "the supreme law of Canada", and inconsistent laws enacted by the Parliament or a Legislature are of no force or effect. In this article the writer concludes that the Constitution Act, 1982, including PartI (the Charter) and section 52(1) (the supremacy clause), has been validly enacted by the United Kingdom Parliament, and has been effectively entrenched so that its provisions can only be amended by the new amending procedures laid down by Part V of the Constitution Act, 1982.

Starting with the premise that the Aboriginal peoples of Canada have an inherent right of self-government which is constitutionally protected, this article analyzes the issue of whether Aboriginal governments exercising that right are subject to the Canadian Charter of Rights and Freedoms. This issue is examined from a legal perspective based on textual analysis and common law principles. It is concluded that, as a matter of Canadian constitutional law, with the exception of the section 28 gender equality provision, the Charter does not apply to Aboriginal governments. This avoids imposition of the Charter generally on these governments by judicial decree, leaving the more fundamental policy issue of whether the Charter should apply in this context open to negotiation and political agreement with the Aboriginal peoples.