The role of popular mobilizations in the struggle for the Canadian Charter of Rights and Freedoms

Abstract

In spite of the best efforts of Canada's first ministers, the debate leading up to the enactment of the Canadian Charter of Rights and Freedoms was characterized by the mobilization of several demanding factors of the Canadian populace. The Hays-Joyal hearings on the Constitution provided a formal setting for popular participation, and in fact drew submissions from a variety of special interest groups. Significantly, the minimal class representation in both the formal and informal processes of Charter construction was in stark contrast to the militant interventions of women's and Native's lobbies. In spite of the resistance of the politicians, and in spite of internal weaknesses, these movements were able to impose some elements of their collective demands on the otherwise limited vision of rights in Canada. Their voices were in fact heard over the din of federal-provincial squabbling.