Section 2 of Charter – Freedom
of Conscience and Religion
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Everyone has the following fundamental freedoms:
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freedom of conscience and religion;
freedom of thought, belief, opinion and
expression, including freedom of the press
and other media of communication
freedom of peaceful assembly; and
freedom of association
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s.2(a) – freedom of conscience and religion – means you have a right
to entertain the religious beliefs you choose, to declare these beliefs
openly without fear, and to express your religious beliefs through
practice, worship, teaching and dissemination (spreading these ideas
widely)

Lords Day Act struck down because it compelled Sunday as a day of
rest
 courts have also upheld employee’s rights to be accommodated in the practice of
their religion, for ex. permitting days off for observance of their religious holidays
 religious rights may be curtailed, ex. when in the best interests of a child
s.2(b) – freedom of thought and
expression - including freedom of the
press and media
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free to think and believe what you want
and to publicly express your opinion
through writing, speech, painting,
photography and other means
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freedom of expression is one of the key
cornerstones of democracy
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“expression” has been considered broadly,
ex. signs, hate literature, obscenity, child
pornography
s.2(c) – freedom of peaceful
assembly
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right to peaceably assemble (which is lawful)
such as a orderly demonstration or a group of
picketers, v. an unlawful assembly or riot.
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to be classified as a “riot” the unlawful
assembly must consist of 12 or more persons
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under the Criminal Code, an assembly can be
dispersed if it disturbs the peace
“tumultuously” or causes fear in persons
nearby
 Peaceful assembly?
http://www.youtube.com/watch?v=4VzOUKODdZ4
s.2(d) – freedom of association
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closely connected to freedom of
assembly – ability to connect with other
people or groups such as unions,
political parties, cultural groups,
educational organizations, or sporting
clubs
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there are some limits – ex. young
offenders ordered not to associate with
some of their friends
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S.3 – every citizen has the right to vote in an
election and run for office (other than judges,
under 18, lack of mental capacity, don’t live in
Canada, etc.)
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S.4 – citizens get to elect a new federal &
provincial gov’t every 5 years, except during
times of war or national emergency
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S.5 – parliament & provincial legislative
assemblies must hold at least one session a
year
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S.6 – concerns the rights of Canadian
citizens to move in and out of the country
and between provinces
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Extradition – Supreme Court of Canada
said that it is Ok to extradite (deport) those
accused of a crime to other countries so
that they can face trial – the only exception
is that Canada won’t extradite to a country
where the person would face the death
penalty
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those who get involved with the criminal
justice system are guaranteed certain
basic protections under the Charter
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infringement of any of those rights by
the police or Crown or anyone else may
result in a judge being compelled to
exclude evidence or dismiss charges
Section 7:
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Life, Liberty and Security of the
Person – s.7 – Everyone has the right
to life, liberty and security of the person
and the right not to be deprived thereof
except in accordance with the principles
of fundamental justice
Section 7:
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right to life - ex. SCC has ruled that a fetus is not a
“person” in abortion cases & ex. Terminally ill person’s
right to assisted suicide (ex. Sue Rodriguez case)
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right to liberty - most often associated with criminal cases
b/c a person must not be deprived of this right, or
imprisoned, except in accordance with the principles of
fundamental justice; fundamental justice being the due
process of the law, such as the presumption of innocence,
the burden of proof, the right to a fair hearing before an
impartial decision maker, and the right of habeas corpus
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right of security of the person – also interpreted to protect
people from certain forms of corporal punishment and
physical suffering
Section 8:
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Unreasonable Search and Seizure – s.8
- Everyone has the right to be secure
against unreasonable search & seizure
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the police must have a good reason for
searching the person, home or
belongings of the accused & the search
must also be conducted fairly
Section 9:
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Arbitrary Detention or Imprisonment – s.9 Everyone has the right not to be arbitrarily
detained or imprisoned
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people can’t be held for ?’ing, arrested or
kept in jail w/o good reason
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not that ride checks do violate s.9 of the
Charter, but have been upheld by the SCC
under s.1 of the Charter
Section 10:
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Rights While Under Arrest or Detention – s.10(a) to (c)
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first right is to be promptly and clearly informed of the reason for
the arrest or detention (usually while arresting or detaining the
person)
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accused has a right to be informed w/o delay that he or she may
obtain the assistance of a lawyer & they need to be given a
reasonable opportunity to contact a lawyer ASAP
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if the accused cannot afford a lawyer, it must be made clear that
legal counsel will be available at no charge
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once an arrested person decides to talk to a lawyer the police must
stop their ?’ing until the accused & the lawyer have a chance to talk
privately
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Miranda Rights: http://www.youtube.com/watch?v=2QiFg7MJL3E
Section 11 (a-i):
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s.11 sets out important rules that protect anyone charged with an
offence
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s.11(a) accused must be told promptly what the offence is
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s.11(b) the trial must take place within a reasonable time
 http://www.hrcr.org/safrica/access_courts/Canada/r_askov.html
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s.11(c) the accused cannot be forced to testify at his or her trial
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s.11(d) accused presumed innocent until proven guilty & the trial m/b
conducted fairly before an unbiased court
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s.11(e) accused cannot be denied bail w/o just cause
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s.11(f) for serious trial, accused has the right to a jury trial
Section 11:
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s.11(g) a court can’t convict an accused unless the
specific law was in place at the time of the offence
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s.11(h) if someone is tried for an offence & found not
guilty, that person cannot be tried on the same
charge again & if a person is found guilty and is
punished for an offence, he or she can’t be tried &
punished for it again (a situation known as “double
jeopardy”
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s.11(i) if someone commits an offence & prior to
sentencing a new law alters the terms of the fine or
terms of imprisonment, that person m/b sentenced
under which law is more lenient
Section 12:
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Cruel and Unusual Treatment or Punishment – s.12
Everyone has the right not to be subjected to any cruel and
unusual treatment or punishment
 the gov’t can’t treat or punish individuals in an unnecessarily
harsh fashion
 what is “cruel and unusual treatment” is contentious, ex. inmates
trying to argue that being denied cigarettes falls under this
category (unsuccessfully)
 factors considered in determining whether a punishment (ie.
sentence) is grossly disproportionate, the court will look at (1) the
gravity of the offence, (2) the personal characteristics of the
offender & (3) the particular circumstance of the case
Section 13 and 14:
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Rights of Witnesses in Court – s.13/s.14
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s.13 – guarantees that witnesses giving
evidence in court can’t have their testimony
used against them
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s.14 – anyone who is hearing impaired or
cannot understand or speak the language
used in the court has the right to an
interpreter
Section 15:
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Equality Rights – s.15
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every individual is considered = and gov’t can’t
discriminate in its own laws or programs
 (1) every citizen is equal before and under
the law
 (2) every citizen has the right to equal protection and
benefit of the law
 (3) these rights are to be applied equally and without
discrimination
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What forms of discrimination can someone
face?
Sections 16 through 22 of the
Charter provide that:
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Both English or French will be used in Parliament and are Canada’s official languages
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Statutes (laws) and Parliamentary records must be published in both official languages
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The public can communicate with the gov’t in either English or French
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The federal gov’t must provide services in both languages at central offices and elsewhere if there is
demand
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Either language can be used in courts established by Parliament, including the Supreme Court of
Canada
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Section 22 of the Charter allows languages other than English & French to be used &
enjoyed as well (ex. Northwest Territories passed laws so that Inuit or Dene persons
can speak their native language when dealing with all gov’t institutions
Language Education Rights
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Other than in Quebec, citizens can have their children educated in French if any of the
following applies:
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Their first language is French
They received their own primary education in Canada in French, or
They have a child who is or did receive an education in French
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Section 25 provides that the Charter does
not abrogate (abolish or anul) or derogate
(take away or detract) from existing culture,
customs, traditions, languages and other
rights or freedoms pertaining to aboriginal
peoples
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Doesn’t give new rights, but protects rights
from Royal Proclamation of 1763 and those
existing or acquired through land-claim
agreements
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Sections 27 protects the concept of
multiculturalism in Canada