Rights and Freedoms in Canada
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Transcript Rights and Freedoms in Canada
Our Rights and Freedoms Under
the Charter in Canada
Law 12
MUNDY 2008
2a – Freedom of Conscience and
Religion
One can choose or choose not to have
religious beliefs
One can practice their religious beliefs
One can express their religious beliefs
the Canadian Government cannot penalize or
hinder any of these rights through legislation
or policy
2a – Freedom of Conscience and
Religion
Any legislation created that has a trivial or
insubstantial effect on a person/group’s
freedom of religion IS NOT CONSIDERED A
VIOLATION OF THIS RIGHT
Legislation, therefore, has to infringe upon a
doctrine fundamental to a religion in order to
be considered to violate this right
2b – Freedom of Thought, Belief,
Opinion and Expression (and Press)
Applies to any form of expression: speech,
writing, art, film, dance, etc.
Often used to ensure that journalists,
protesters and artists are not jailed for
criticizing government
2b – Freedom of Thought, Belief,
Opinion and Expression (and Press)
1.
2.
3.
4.
Limitations to the right to expression are:
Expression inciting hatred – if the individual’s
message intends to motivate people to
violence against others
Obscenity – may censor materials; prosecute
those communicating with prostitutes
Slander – lies against character of person
Reporting of Judicial Proceedings in Certain
Courts – where may affect fair trial
2c – Freedom of Peaceful Assembly
Means the right to hold a peaceful
demonstration in protest of a matter, or,
similarly, to picket a work location
“Peaceful” is an important distinction here, for
if it becomes a riot, becomes illegal
2d – Freedom of Association
Means that people are allowed to join into
groups for common purposes
One major example is the right to join a union
for the purposes of bargaining for collective
benefits on the job
Also allowed to join political groups, interest
groups, etc. without being jailed for being a
member of such groups
3-5 – Democratic Rights
S3 - right of CANADIAN CITIZENS to vote in
federal and provincial elections and to run for
election in each of these
S4 – limits to the duration of a Parliament or
legislative assembly to 5 years between elections
(to avoid a government hanging onto power
indefinitely)
S5 – insistence that Parliament/legislative
assemblies ‘sit’ or hold sessions at least once a
year
3-5 – Democratic Rights
Until the creation of the Charter, voting rights
could easily have been removed by any
government by law
Although right to vote is for citizens,
restrictions have been allowed, such as
residency requirements, age, and role of Chief
Electoral Officer as non-voting
Democratic rights cannot be limited by
application of Notwithstanding Clause
6 – Mobility Rights
Meant to ensure that provincial boundaries are
not closed to new residents
Allows people to live and work in any province,
and to ensure that provincial governments do not
create legislation to limit influx of new people
However, subsection 4 allows provincial gov’ts to
enact legislation limiting people from entering
province for work if their unemployment rate is
higher than rest of Canada
7-14 – Legal Rights
S7 – right of life, liberty and security of person
afforded to EVERYONE within Canada (even
those NOT citizens)
Means that Canada accepts refugees, and will
not send citizens of other countries to face
trial if it uses the death penalty as punishment
7-14 – Legal Rights
S8-14 involves rights of people upon arrest, such as:
protection from unreasonable search and seizure (s8),
arbitrary detention/ imprisonment (s9),
rights upon arrest (s10-11),
Protection from cruel & unreasonable punishment (s12)
Right to immunity from self-incrimination when
testimony of witness could result in info that could be
used against them in a different criminal investigation
(s13)
Right to have an interpreter when the trial is conducted
in a language accused does not understand (s14)
15 – Equality Rights
Subsection 1 details guarantee of EVERYONE
(not just citizens) to be equal under laws,
including protection from laws that may
discriminate against person on basis of:
Race
National/ethnic origin
Colour
Sex
Age
Mental or physical disability
Sexual orientation
15 – Equality Rights
Subsection 2 allows for the government to
create laws that would assist people listed in
subsection 1 in order to raise their conditions
to that of others
One known example is “affirmative action”
programs that aim to help employment levels
in government workplaces to balanced levels
of women, people of different ethnic
backgrounds, physical disability, etc.
16-22 – Language Rights
S16-17 stress that English and French are the
official languages of Canada, and therefore
both allowed to be used equally in
government proceedings
S18 expects all government documents and
records to be published in both languages
S19 allows anyone to use either language in
court proceedings
16-22 – Language Rights
S20 guarantees services from the government
will be offered in both official languages, where
requested by individual asking for such service
23 – Minority Language Education
Rights
Offered in English or French only
Offered only to Canadian citizens
One of 3 criteria must be met to have right
offered in this section:
Must be mother tongue first learned and
understood
Must be the language the parents were educated
Must be language other siblings received in their
education
23 – Minority Language Education
Rights
A limitation to this right is the “numbers test”,
in which a person/group requesting education
in their preferred language must be in
sufficient numbers for the province to offer it
in their area of residence
However, “sufficient numbers” is not specific
and up to the province to decide what is
sufficient
24 - Enforcement
Subsection 1 allows people the right to apply
to the courts for remedy if any right in the
Charter has been denied or violated
Subsection 2 guarantees that evidence
collected in a manner that violates their
Charter rights cannot be admitted as evidence
in their trial, especially if allowing it would
cause public to lose trust in the police or
courts
25 – Aboriginal Rights
Ensures that no law will be allowed to infringe
upon existing aboriginal treaty rights, such as:
Royal Proclamation of 1763, giving general land
claims to Rupert’s Land and hunting/fishing rights
Any land claims negotiated
26 – Other Rights Allowed
This section stresses that the Charter rights
are not the only rights that would have to be
allowed in Canada for the benefit of the
people
27 – Multicultural Right
This section ensures that any interpretation of
the Charter will be done so in a way that
enhances and preserves our country’s
multicultural heritage
28 – Gender Right
This section ensures that all rights and
freedoms in the Charter will be equally
guaranteed to both women and men
29 – Separate Schools
This section allows for separate schools to
exist, despite any rights in the Charter that
might attempt to obstruct their operation
30 – Territories Included!
This section mentions that whenever the
Charter mentions a province or a legislative
assembly for a particular right or freedom, it
should also apply to the territories of Canada
and their governments as well
31 – Clarifying Powers
This section notes that no one should
interpret any section in this Charter as
allowing more power or authority to any
legislative body (federal, provincial or
territorial)
32 – Charter Applies to...
Federal, Provincial and Territorial governments,
their agencies and services
33 – Notwithstanding Clause
This section allows a federal or provincial
government to enact legislation that is seen to
violate sections 2 or 7 through 15
If notwithstanding clause is enacted, legislation
may remain despite violating the Charter for a
period of 5 years