Unit #2

Would the Charter
of Rights and
Freedoms have any
application in April’s
complaint?

What is the
difference between
a right and a
privilege?
Right vs Freedom

RIGHT
 a legal, moral, or social entitlement
 What we can expect
 Ex. Right to be presumed innocent

FREEDOM
 Ability to go about your business without
interference from the government
 Ex. Freedom of speech
Brainstorm: Rights & Freedoms

With a partner, create a list of pros &
cons of the Charter.
Evolution of Canada’s Rights and
Freedoms
1. CANADIAN BILL OF RIGHTS
 Drafted in response to horrendous human rights
abuses in WWII
 Recognized many rights and freedoms
 It was a federal statute
 Problems:
○ Easily changed because it did not have authority
over other statutes
○ Equality issues
Evolution of Canada’s Rights and
Freedoms
2. CANADIAN CHARTER OF RIGHTS AND
FREEDOMS
 Included in Constitution Act, 1982
 Entrenched our rights
○ Rights and freedoms can only be changed by an
amendment to the Constitution (so very difficult)
 Enforced by the Supreme Court
○ Judges will strike down laws that violate the
Charter
 Problems:
○ Written too broadly????
Lets look at some of the sections of the
Canadian Charter of Rights and
Freedoms
SECTION 1: REASONABLE LIMITS CLAUSE

Rights and freedoms outlined in the Charter
can be limited as long as the limits are
reasonable (justified)
Rights are NOT absolute

Ex. R.I.D.E Program

Canadian Charter of Rights and
Freedoms
SECTION 33: NOTWITHSTANDING CLAUSE

Allows the federal and provincial governments to
pass laws that are exempt from section 2
(fundamental freedoms) and 7-15 (legal &
equality rights) in the Charter

Exemption lasts for 5 years, then must be
renewed

Ex. Quebec Exemption Clause (Sept 2013)
Canadian Charter of Rights and
Freedoms
SECTION 2: FUNDAMENTAL FREEDOMS
(a) - Freedom of Conscience and Religion
 You
have the right to:
 Entertain the religious beliefs you choose
 Declare those beliefs openly without fear
 Right not to have values imposed on us (ex. no
longer say the Lord’s Prayer in school)
Canadian Charter of Rights and
Freedoms
SECTION 2: FUNDAMENTAL FREEDOMS
(b) - Freedom of Thought and Expression
to think and believe what you want –
express through writing, speech, painting,
photography, etc.
 Free
 Freedom
of the press and other media
Canadian Charter of Rights and
Freedoms
SECTION 2: FUNDAMENTAL FREEDOMS
(c) - Freedom of Peaceful Assembly
to gather peacefully – ex: political
demonstrations
 Freedom
Canadian Charter of Rights and
Freedoms
SECTION 2: FUNDAMENTAL FREEDOMS
(d) – Freedom of Association
 Freedom
to connect with other people or
groups – ex: unions, political parties
Canadian Charter of Rights and
Freedoms
SECTION 3-5: DEMOCRATIC RIGHTS
3 – Right to Vote
 Right
to vote in an election and run for
office
 Subject to reasonable restrictions such as age,
mental capacity, residence, and registration
4 – Election
 Opportunity to elect a new federal and
provincial government every five years except
under extraordinary circumstances – ex: war
Canadian Charter of Rights and
Freedoms
SECTION 3-5: DEMOCRATIC RIGHTS
5 – Parliament & Legislative Assemblies
 Parliament
and legislative assemblies
must hold at least one session a year
 Provides an opportunity for both elected
members and the public to question
government actions and policy
Canadian Charter of Rights and
Freedoms
SECTION 6: MOBILITY RIGHTS

Concerns the rights of Canadian citizens to
move in and out of the country and between
provinces
 Ex. People are free to live here in Waterloo, then
move out to BC (as Mrs. Black did)
In 1991, Richard Sauve, who was serving a life
sentence for first-degree murder, challenged
the Canada Elections Act arguing that s.51 c,
which denied the right to vote to all inmates
serving sentences, violated s. 3 (the right to
vote) and s. 15 (equality rights) of the Charter.
The Supreme Court needed to make a decision
on this matter.
Prisoner’s Voting Debate
Form groups of 6
 Separate into two teams of 3
 Side 1 – Prisoners should have the ability to
vote in elections
 Side 2 – Prisoners should NOT have the
ability to vote in elections

Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
7 – Life, Liberty, & Security of the Person

Life - Right to be alive, free from government
torture and execution

Liberty –Free to act and choose as you want

Security – Protects mental state of the
individual
The life of abortion activist Henry Morgentaler
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
8 – Unreasonable Search & Seizure

Police must have a good reason for searching the
person, home, or belongings of an accused

The search must be conducted fairly

Police can only search for what they have
permission to search for
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
9 – Arbitrary Detention or Imprisonment

People cannot be held for questioning, arrested,
or kept in jail by the police without good reason

Arbitrary means randomly
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
10 – Rights While Under Arrest or Detention

Right to be told why you are being arrested (while
being arrested)

Right to be told that you may get the assistance of a
lawyer – legal counsel is available free of charge if
the accused cannot afford a lawyer
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
11 – Rights When Charged with a Criminal
Offence

Outlines several rules that protect anyone who has
been charged with an offence
 To be assumed innocent until proven guilty
 To be tried in court within a reasonable amount of time
 To not be forced to testify at your own trial
 The right to trial by jury for serious charges
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
12 – Cruel and Unusual Treatment or Punishment

Governments cannot treat or punish individuals in an
unnecessarily harsh manner
 In deciding what is “cruel” the court considers:
 The gravity of the offence
 The personal characteristics of the offender
 The particular circumstances of the case
Canadian Charter of Rights and
Freedoms
SECTION 7-13: LEGAL RIGHTS
13 – Rights of Witnesses in Court

Witnesses giving evidence in court cannot have
testimony used against them

Anyone who is hearing impaired or cannot
understand or speak the language used in court
has the right to an interpreter
Canadian Charter of Rights and
Freedoms
SECTION 15: EQUALITY RIGHTS

Every citizen is equal before and under the law

Every citizen has the right to equal protection
and benefit of the law

These rights are to be applied equally and
without discrimination
Assisted Suicide Issue in Canada