CANADIAN CHARTER OF RIGHTS AND FREEDOMS
SECTION
NAME
DESCRIPTION, EXAMPLES
Rights and freedoms outlined in the charter can be limited
Oakes test was developed as criteria for reasonable limits
1. Is the reason for limiting the Charter important enough to override your
right?
2. Is the limit to your right reasonably and logically connected to the
objective?
1
Reasonable Limits Clause
3. Is your right limited as little as possible?
4. Does the severity of the limitation match the importance of the
objective?
You have the right to
Entertain whatever religious beliefs you choose
2
(a)
The Fundamental
Freedoms
Freedom of Conscience and
Religion
Declare those beliefs openly
Right not to have values imposed on you
SECTION
(b)
NAME
Freedom of Thought and
Expression
DESCRIPTION, EXAMPLES
Free to think and believe what you want- express them however
Freedom of Peaceful
Assembly
(c)
(d)
7
Freedom to connect with other people or groups
Right to vote in an election and run for office
Option to elect new government every 5 years
Must hold at least one session a year
Allows citizens to move freely in and out of country and province
Right to be alive
Free to act and choose what you want
Protect the mental state of the persom
Right to Vote
Election
Democratic Rights
Parliament and Legislative
Assemblies
5
6
Freedom to gather peacefully
Freedom of Association
3
4
Freedom of press and media covered under here
Mobility Rights
Legal Rights
Life, Liberty, and Security
of the Person
SECTION
NAME
Unreasonable Search and
Seizure
8
Arbitrary Detention or
Imprisonment
9
10
Legal Rights cont’d
Rights While Under Arrest
or Detention
DESCRIPTION, EXAMPLES
Must have a good reason to search
Must be conducted fairly
Can only search what they have permission for
Cannot be held in detention or questioned without good reason
Told why you are being arrested
Right to a lawyer
11
Rights When Charged with a
Criminal Offence
Innocent until proven guilty
Tried within a reasonable amount of time
Cannot be forced to testify at your own trial
Right to trial by jury for serious charges
SECTION
NAME
DESCRIPTION, EXAMPLES
Cannot treat or punish criminals unfairly
Cruel- court considers
The gravity of the offence
Cruel and Unusual
Treatment or Punishment
12
Personal characteristics of the offender
Legal Rights cont’d
Rights of Witnesses in
Court
13
15
33
Particular circumstances of the case
Equality Rights
Notwithstanding Clause
Witness giving evidence cannot have testimony used against him
Hearing impaired and foreign language allowed interpreter
Equal before the law
Equal protection and benefit from the law
No discrimination these rights applied equally
Allows federal and provincial governments the ability to pass laws
From section 2 and 7-15 of the charter.
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