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
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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
