Charter Revolution
This 1982 document protects fundamental freedoms, equality, legal rights, and democratic rights in Canada.
What is the Canadian Charter of Rights and Freedoms?
This term describes the use of courts and litigation to achieve social change.
What is legal mobilization?
This permission from the Court is required before most cases can be heard.
What is leave to appeal?
This section of the 1982 Constitution recognizes and affirms existing Aboriginal and treaty rights.
What is Section 35 of the Constitution Act, 1982?
Indigenous peoples gained the right to vote in federal elections in this decade without losing their status.
What is the 1960s?
This section of the Charter allows rights to be limited if justified in a free and democratic society.
What is Section 1 (the reasonable limits clause)?
According to Charles R. Epp, rights become powerful only with this system of lawyers and organizations.
What is a support structure for legal mobilization?
Applications for this permission are reviewed by a panel of three Supreme Court judges.
What is a leave application?
This Charter section ensures that Charter rights cannot diminish Aboriginal or treaty rights.
What is Section 25 of the Charter?
This organization, formed in 1968, later became the Assembly of First Nations.
What is the National Indian Brotherhood?
This legal test from R v Oakes (1986) determines whether limits on Charter rights are justified.
What is the Oakes Test?
This is Canada’s highest court and final court of appeal.
What is the Supreme Court of Canada?
These cases answer hypothetical legal questions referred by governments.
What are reference cases?
This 1763 document recognized Indigenous land rights and Crown obligations.
What is the Royal Proclamation of 1763?
This 1969 federal policy proposal sought to eliminate special legal status for Indigenous peoples.
What is the 1969 White Paper?
This clause allows governments to temporarily override certain Charter rights.
What is Section 33 (the notwithstanding clause)?
Advocacy groups and other non‑parties may participate in cases in this role.
What is an intervener?
This law was amended in 1974, making the Court its own “gatekeeper.”
What is the Supreme Court Act?
This 1876 law defined who qualified as “status Indians” and governed life on reserves.
What is the Indian Act?
This 1990 conflict in Quebec symbolized increasing Indigenous resistance and mobilization.
What is the Oka Crisis?
This term refers to the major political and legal changes resulting from the Charter’s introduction.
What is the Charter Revolution?
This concept refers to the growing influence of courts in policy‑making, associated with Peter H. Russell.
What is the judicialization of politics?
Unlike specialized constitutional courts in some countries, Canada’s Supreme Court serves as this type of court.
What is a general court of appeal?
Before 1982, Aboriginal rights primarily existed in this legal system and could be overridden by legislation.
What is common law?
This national commission examined the legacy of residential schools and issued Calls to Action in 2015.
What is the Truth and Reconciliation Commission of Canada?