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The Canadian Charter of Rights and Freedoms ((フランス語:La Charte canadienne des droits et libertés)), in Canada often 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 government. It is designed to unify Canadians around a set of principles that embody those rights. 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, which was 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 also narrowly interpreted the Bill of Rights and the Court was reluctant to declare laws inoperative.〔Only one federal law was declared inoperative by the Supreme Court of Canada: ''R. v. Drybones'' (1969), () S.C.R. 282. For an example of the narrow interpretation of the Supreme Court of Canada see Attorney General of Canada v. Lavell, () S.C.R. 1349.〕 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 also wanted to entrench the principles enunciated in the Universal Declaration of Human Rights.〔Hogg, Peter W. ''Constitutional Law of Canada''. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 689.〕 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 greatly 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 primarily concerned with resolving issues of federalism. The Charter, however, 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 mother 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 (including the laws and actions of federal, provincial, and municipal governments and public school boards), and sometimes to the common law, not to private activity. ==Features== Under the Charter, people physically present in Canada have numerous civil and political rights. Most of the rights can be exercised by any legal person (the Charter does not define the corporation as a "legal person"),〔Hogg, ''Constitutional Law of Canada''. 2003 Student Ed., pages 741–742〕 but a few of the rights belong exclusively to natural persons, or (as in sections 3 and 6) 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 also 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, and the provincial governments. The rights and freedoms enshrined in the Charter include: 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian Charter of Rights and Freedoms」の詳細全文を読む スポンサード リンク
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