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.