The Canadian Charter of Rights and Freedoms

The Charter……

   defines the relationship between people, organizations and companies and the government has 34 sections Includes the legislative executive and administrative branches of govt as well as Crown corporations, banks and other institutions regulated by the federal government

The Charter…..

 Is enforced by the Supreme Court  Allows people who believe their rights and been infringed or violated by Government to challenge the government in Court



The Supreme Court asks three main questions when considering a Charter case…..

Was the right violated by

the government

?

 Is the right covered by the Charter?

 Is the violation or infringement within a reasonable limit?

What is a “reasonable limit”??

 There are four criteria:  Must be important enough to justify overriding a constitutionally protected right  Must be reasonably and logically connected to the objective for which it was enacted  The right must be limited as little as possible  The more severe the limitation, the more important the objective must be

THE FUNDAMENTAL FREEDOMS

Freedom of Conscience and Religion  Section 2(a)  You have a right to entertain the religious beliefs you choose, to declare those beliefs openly without fear and to express you religious beliefs though practice, worship, teaching and spreading of ideas.

Freedom of Thought and Expression  Section 2(b)  You are free to think and believe what you want and to publicly express your opinions through writing, speech, painting, photography and other means.

 Regarded as one of the key freedoms in a democracy.

Freedom of Peaceful Assembly and Association    Section 2(c) Freedom to assemble for peaceful purposes such as demonstrating against a government action or in support of a cause Abilty to connect with other people or groups such as unions, political parties, cultural groups, educational organizations or sporting groups

Democratic and Mobility Rights

Democratic Rights

    Sections 3,4 and 5 of the Charter guarantee democratic government Section 3—the right to vote (subject to reasonable restrictions) Section 4—the right to elect new governments every 5 years (except under extraordinary circumstances) Section 5—governments must hold at least one session per year

Mobility Rights

   Section 6 of the Charter protects the right of citizens to move in and out of the country and between provinces Section 6(1)—Extradition—accused persons can be sent to countries to face trial (Except if they face death penalty) Some restrictions/differences are allowed—ex: social services programs require a minimum time of residency

Legal and Equality Rights

 Sections 7-11 of the Charter cover areas of criminal law: investigating a crime, procedural fairness, use of evidence, etc

Life, Liberty and Security of Person  Section 7  Every person has the right to life, liberty and security of the person and cannot be deprived of these rights  Controversial in terms of abortion rights, assisted suicide

Unreasonable Search and Seizure  The police must have a good reason for searching the person , home or belongings of an accused  The search must be conducted fairly

Arbitrary Detention or Imprisonment  People cannot be held for questioning, arrested or kept in jail without good reason

Rights While Under Arrest or Detention  Section 11  Sets out important rules that protect anyone charged with an offence  Presumed innocent until proven guilty  Trial conducted fairly  Right not to be denied bail  Right to trial by jury for serious charges

Cruel and Unusual Punishment

 Section 12  Governments cannot treat or punish individuals in an unnecessarily harsh fashion  Some controversy over what this means  Supeme Court considers: gravity of the offense, personal characteristics of offender, circumstances of case

Right of Witnesses in Court

 Guarantees that testimony cannot be used against you.

 Also guarantees the right of an interpreter if necessary

Equality Rights

 Section 15  Every individual is considered equal and government cannot discriminate in its laws or programs

Section 15

 There are three basic parts:  Every citizen is equal under the law  Every citizen has the right to equal protection and benefit of the law  These rights are to applied equally and without discrimination

 The government is allowed to set up programs which improve conditions for disadvantaged groups even though they are discriminatory to the minority—eg: handicapped parking!

Language and General Rights

Language Rights

      Section 16-22 English or French can be used in Parliament Laws, govt publications etc must be in both languages Federal offices must be bilingual Either language can be used in court Equal status of both languages in NB recognized

Language Education Rights

     In the nine English provinces parents have the right to have their children educated in French if: 1)Their first language is French OR 2)They received their own primary (k-2) schooling in French OR 3)They have another child already in French education This is opposite in Quebec—except #1 does not apply

Aboriginal Rights

 Section 25  Protects the culture, customs, traditions, languages and other rights or freedoms of aboriginal peoples

Multicultural Rights

 Section 27  Respect and preservation of the cultural differences of Canadians