What is the status of the Canadian Charter of Rights and Freedoms within the legal framework?

The Canadian Charter of Rights and Freedoms is considered the highest law of the land, which means that it takes precedence over all other laws in Canada. This status is rooted in section 52(1) of the Constitution Act, 1982, which explicitly states that the Constitution, including the Charter, is the supreme law of Canada. Any law that is inconsistent with the Charter is invalid to the extent of the inconsistency.

This elevation of the Charter's status ensures that fundamental rights and freedoms are protected from infringement by both government entities at all levels and private parties. The Charter specifically protects various rights, including freedom of expression, the right to a fair trial, and equality rights, which must be upheld in all contexts, not just at the federal level.

The notion that the Charter is subordinate to the Canadian Bill of Rights is incorrect because the Charter was enacted later and has a more robust set of protections. Furthermore, it is not simply equal to other laws, as its supremacy means any conflicting legislation or practices must yield to the rights guaranteed by the Charter. Additionally, the assertion that the Charter only applies to federal issues is misleading; it applies to all levels of government, including provincial and municipal authorities, ensuring a wide-reaching protection of rights across the