Canadian Charter Of Rights Canadian Charter Of Rights and Freedomsand Freedoms

Chapter 10Chapter 10

What is the Charter?What is the Charter?

A constitutional document A constitutional document thatthat

defines the rights and defines the rights and freedoms of Canadians freedoms of Canadians and establishes theand establishes the limits limits of such freedoms.of such freedoms.

was proclaimed as an was proclaimed as an entrenchedentrenched component of component of the Canadian the Canadian Constitution in the Constitution in the Constitution Act of Constitution Act of 19821982..

What existed prior to What existed prior to the Charter?the Charter?

Statutes such asStatutes such as The Canadian Bill of Rights 1960The Canadian Bill of Rights 1960 The Official Languages Act 1969The Official Languages Act 1969 Provincial Bills of Rights.Provincial Bills of Rights.

Categories of Rights and Freedoms

The Guarantee of Rights and The Guarantee of Rights and FreedomsFreedoms

This is the “common This is the “common sense” clause which sense” clause which allows governments to allows governments to limit freedoms limit freedoms if it is if it is reasonable.reasonable.

The The courtscourts must must decide what is decide what is reasonable.reasonable.

Fundamental Fundamental Freedoms (s.2)Freedoms (s.2)

Freedom of conscience and religionFreedom of conscience and religion Freedom of belief and Freedom of belief and expressionexpression Freedom of Freedom of associationassociation Freedom of Freedom of peaceful assemblypeaceful assembly The provinces feared that these were too The provinces feared that these were too

broad and as a result they were limited by broad and as a result they were limited by the the notwithstanding clause of section 33.notwithstanding clause of section 33. of of the Charter.the Charter.

Democratic Rights (ss. Democratic Rights (ss. 3-5)3-5)

The The right to voteright to vote The right to run for The right to run for elected officeelected office Elections are to be called once every Elections are to be called once every fivefive

years.years. Parliament and legislatures must sit Parliament and legislatures must sit once in once in

every 12 months.every 12 months.

Mobility Rights (s. 6)Mobility Rights (s. 6)

The right to leave and to return The right to leave and to return to Canadato Canada

The right to move anywhere in The right to move anywhere in Canada to live and Canada to live and workwork

Reasonable residency is Reasonable residency is required for access to social required for access to social services and permanent services and permanent residents in need could be residents in need could be given assistance first.given assistance first.

Provinces cannot limit the right Provinces cannot limit the right of non residents to of non residents to own own property.property.

Legal Rights (ss. 7-14)Legal Rights (ss. 7-14)

““the right to life, liberty and the right to life, liberty and the the securitysecurity of the person” of the person”

This limits the power of This limits the power of government to detain or to government to detain or to deny people basic liberty deny people basic liberty except “in accordance with except “in accordance with principles of fundamental principles of fundamental justice.”justice.”

Legal rights can be limited Legal rights can be limited by the by the “notwithstanding” clause of section 33“notwithstanding” clause of section 33..

Legal Rights II Legal Rights II

Arbitrary arrest Arbitrary arrest is not allowed.is not allowed. Police cannot Police cannot unreasonably search unreasonably search any any

person.person. You must be informed of the You must be informed of the reasonreason for for

your arrest.your arrest. You must be informed of your right to You must be informed of your right to

retain a retain a lawyerlawyer..

Legal Rights IIILegal Rights III You must be informed of your You must be informed of your

offense.offense. You must be tried in a You must be tried in a

reasonable timereasonable time.. HABEAS CORPUS (write in)HABEAS CORPUS (write in) You are You are presumed innocent presumed innocent

until found guilty by the until found guilty by the courts.courts.

You cannot be denied You cannot be denied reasonable bailreasonable bail..

You cannot be forced to give You cannot be forced to give evidence against evidence against yourselfyourself..

Equality Rights (s. 15)Equality Rights (s. 15) You have legal equality You have legal equality

regardless of race, national or regardless of race, national or ethnic origin, colour, religion, ethnic origin, colour, religion, sex, age, mental or physical sex, age, mental or physical disability.disability.

Affirmative action programs Affirmative action programs do do allow special treatment for allow special treatment for those who are disadvantaged.those who are disadvantaged.

These rights may be limited by These rights may be limited by the the “notwithstanding” provisions of section 33“notwithstanding” provisions of section 33..

Language Rights (ss. 16-22)Language Rights (ss. 16-22)

The bilingual status of Canada is The bilingual status of Canada is recognized.recognized.

The equality of French and English in The equality of French and English in Parliament Parliament is confirmed.is confirmed.

Federal agencies must provide services Federal agencies must provide services in both French and English.in both French and English.

Either language can be used in federal Either language can be used in federal courts.courts.

Native people can still use their Native people can still use their languages in court.languages in court.

Minority Language Rights Minority Language Rights (s. 23)(s. 23)

These apply only to These apply only to Canadian citizens Canadian citizens and not new immigrants.and not new immigrants.

English or French speaking minorities English or French speaking minorities can have their children educated in their can have their children educated in their own language.own language. It must be the parents It must be the parents first languagefirst language..

Provinces need only provide minority Provinces need only provide minority language schools where there are language schools where there are sufficient numbers to justify the cost.sufficient numbers to justify the cost.

The Charter and

Canadian Society

Enforcement of the CharterEnforcement of the Charter

An individual may apply An individual may apply to the courts to stop any to the courts to stop any activity they believe to be activity they believe to be discriminatorydiscriminatory..

Courts may challenge Courts may challenge laws that take away basic laws that take away basic individual rights and individual rights and freedoms.freedoms.

The Charter takes power The Charter takes power away from Parliament away from Parliament and provincial and provincial legislatures and gives it legislatures and gives it to the courts.to the courts.

““Notwithstanding” (s. 33)Notwithstanding” (s. 33) This section of the Charter allows This section of the Charter allows

governments to pass laws which may governments to pass laws which may interfere withinterfere with

Fundamental Freedoms.Fundamental Freedoms. Legal Rights.Legal Rights. Equality Rights.Equality Rights. This action is only valid for This action is only valid for five years five years after after

which it must be which it must be reaffirmedreaffirmed. .

SummarySummary

Some people believe that Parliament and Some people believe that Parliament and provincial legislatures have lost too much provincial legislatures have lost too much power to power to judgesjudges..

Parliament and provincial legislatures can Parliament and provincial legislatures can overrule the courts by means of overrule the courts by means of constitutional constitutional amendment.amendment.

There is fear that the Charter may have There is fear that the Charter may have politicizedpoliticized the appointment of judges but there the appointment of judges but there is little evidence to support this.is little evidence to support this.

Most people believe that the courts have been Most people believe that the courts have been effectiveeffective and and fairfair in interpreting the Charter. in interpreting the Charter.