CANADIAN CHARTER OF RIGHTS AND FREEDOMS
SECTION
NAME
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

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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