The Canadian Charter of Rights and Freedoms. The Charter…… defines the relationship between people, organizations and companies and the government defines.

The Canadian Charter The Canadian Charter of Rights and of Rights and

FreedomsFreedoms

The Charter……The Charter……

defines the relationship between defines the relationship between people, organizations and companies people, organizations and companies and the governmentand the government

has 34 sections has 34 sections Includes the legislative executive and Includes the legislative executive and

administrative branches of govt as administrative branches of govt as well as Crown corporations, banks well as Crown corporations, banks and other institutions regulated by and other institutions regulated by the federal governmentthe federal government

The Charter…..The Charter…..

Is enforced by the Supreme CourtIs enforced by the Supreme Court Allows people who believe their Allows people who believe their

rights and been infringed or violated rights and been infringed or violated by Government to challenge the by Government to challenge the government in Courtgovernment in Court

The Supreme Court asks The Supreme Court asks three main questions when three main questions when

considering a Charter considering a Charter case…..case…..Was the right violated by Was the right violated by the the

governmentgovernment?? Is the right covered by the Is the right covered by the

Charter?Charter? Is the violation or infringement Is the violation or infringement

within a reasonable limit?within a reasonable limit?

What is a “reasonable What is a “reasonable limit”??limit”??

There are four criteria:There are four criteria: Must be important enough to justify Must be important enough to justify

overriding a constitutionally protected rightoverriding a constitutionally protected right Must be reasonably and logically connected to Must be reasonably and logically connected to

the objective for which it was enactedthe objective for which it was enacted The right must be limited as little as possibleThe right must be limited as little as possible The more severe the limitation, the more The more severe the limitation, the more

important the objective must beimportant the objective must be

THE FUNDAMENTAL THE FUNDAMENTAL FREEDOMSFREEDOMS

Freedom of Conscience and Freedom of Conscience and ReligionReligion

Section 2(a)Section 2(a) You have a right to entertain the You have a right to entertain the

religious beliefs you choose, to religious beliefs you choose, to declare those beliefs openly without declare those beliefs openly without fear and to express you religious fear and to express you religious beliefs though practice, worship, beliefs though practice, worship, teaching and spreading of ideas.teaching and spreading of ideas.

Freedom of Thought and Freedom of Thought and ExpressionExpression

Section 2(b)Section 2(b) You are free to think and believe You are free to think and believe

what you want and to publicly what you want and to publicly express your opinions through express your opinions through writing, speech, painting, writing, speech, painting, photography and other means.photography and other means.

Regarded as one of the key freedoms Regarded as one of the key freedoms in a democracy.in a democracy.

Freedom of Peaceful Assembly Freedom of Peaceful Assembly and Associationand Association

Section 2(c) Section 2(c) Freedom to assemble for Freedom to assemble for peaceful peaceful

purposes such as demonstrating against a purposes such as demonstrating against a government action or in support of a government action or in support of a causecause

Abilty to connect with other people or Abilty to connect with other people or groups such as unions, political parties, groups such as unions, political parties, cultural groups, educational organizations cultural groups, educational organizations or sporting groupsor sporting groups

Democratic and Mobility Democratic and Mobility RightsRights

Democratic RightsDemocratic Rights

Sections 3,4 and 5 of the Charter Sections 3,4 and 5 of the Charter guarantee democratic governmentguarantee democratic government

Section 3—the right to vote (subject Section 3—the right to vote (subject to reasonable restrictions)to reasonable restrictions)

Section 4—the right to elect new Section 4—the right to elect new governments every 5 years (except governments every 5 years (except under extraordinary circumstances)under extraordinary circumstances)

Section 5—governments must hold at Section 5—governments must hold at least one session per year least one session per year

Mobility RightsMobility Rights

Section 6 of the Charter protects the Section 6 of the Charter protects the right of citizens to move in and out of right of citizens to move in and out of the country and between provincesthe country and between provinces

Section 6(1)—Extradition—accused Section 6(1)—Extradition—accused persons can be sent to countries to face persons can be sent to countries to face trial (Except if they face death penalty)trial (Except if they face death penalty)

Some restrictions/differences are Some restrictions/differences are allowed—ex: social services programs allowed—ex: social services programs require a minimum time of residency require a minimum time of residency

Legal and Equality RightsLegal and Equality Rights

Sections 7-11 of the Charter cover Sections 7-11 of the Charter cover areas of criminal law: investigating a areas of criminal law: investigating a crime, procedural fairness, use of crime, procedural fairness, use of evidence, etcevidence, etc

Life, Liberty and Security of Life, Liberty and Security of PersonPerson

Section 7Section 7 Every person has the right to life, Every person has the right to life,

liberty and security of the person and liberty and security of the person and cannot be deprived of these rights cannot be deprived of these rights

Controversial in terms of abortion Controversial in terms of abortion rights, assisted suiciderights, assisted suicide

Unreasonable Search and Unreasonable Search and SeizureSeizure

The police must have a good reason The police must have a good reason for searching the person , home or for searching the person , home or belongings of an accusedbelongings of an accused

The search must be conducted fairlyThe search must be conducted fairly

People cannot be held for People cannot be held for questioning, arrested or kept in jail questioning, arrested or kept in jail without good reasonwithout good reason

Arbitrary Detention or Arbitrary Detention or ImprisonmentImprisonment

Rights While Under Arrest or Rights While Under Arrest or DetentionDetention

Section 11Section 11 Sets out important rules that protect Sets out important rules that protect

anyone charged with an offenceanyone charged with an offence Presumed innocent until proven guiltyPresumed innocent until proven guilty Trial conducted fairlyTrial conducted fairly Right not to be denied bailRight not to be denied bail Right to trial by jury for serious chargesRight to trial by jury for serious charges

Cruel and Unusual Cruel and Unusual PunishmentPunishment

Section 12Section 12 Governments cannot treat or punish Governments cannot treat or punish

individuals in an unnecessarily harsh individuals in an unnecessarily harsh fashionfashion

Some controversy over what this Some controversy over what this meansmeans

Supeme Court considers: gravity of Supeme Court considers: gravity of the offense, personal characteristics of the offense, personal characteristics of offender, circumstances of caseoffender, circumstances of case

Right of Witnesses in CourtRight of Witnesses in Court

Guarantees that testimony cannot be Guarantees that testimony cannot be used against you.used against you.

Also guarantees the right of an Also guarantees the right of an interpreter if necessaryinterpreter if necessary

Equality RightsEquality Rights

Section 15Section 15 Every individual is considered equal Every individual is considered equal

and government cannot discriminate and government cannot discriminate in its laws or programsin its laws or programs

Section 15Section 15

There are three basic parts:There are three basic parts: Every citizen is equal under the lawEvery citizen is equal under the law Every citizen has the right to equal Every citizen has the right to equal

protection and benefit of the lawprotection and benefit of the law These rights are to applied equally These rights are to applied equally

and without discriminationand without discrimination

The government is allowed to set up The government is allowed to set up programs which improve conditions programs which improve conditions for disadvantaged groups even for disadvantaged groups even though they are discriminatory to the though they are discriminatory to the minority—eg: handicapped parking!minority—eg: handicapped parking!

Language and General Language and General RightsRights

Language RightsLanguage Rights Section 16-22 Section 16-22 English or French can be used in English or French can be used in

ParliamentParliament Laws, govt publications etc must be Laws, govt publications etc must be

in both languagesin both languages Federal offices must be bilingualFederal offices must be bilingual Either language can be used in courtEither language can be used in court Equal status of both languages in NB Equal status of both languages in NB

recognizedrecognized

Language Education RightsLanguage Education Rights

In the In the nine English provincesnine English provinces parents have parents have the right to have their children educated in the right to have their children educated in French if:French if:

1)Their first language is French OR1)Their first language is French OR 2)They received their own primary (k-2) 2)They received their own primary (k-2)

schooling in French ORschooling in French OR 3)They have another child already in 3)They have another child already in

French educationFrench education This is opposite in Quebec—except #1 This is opposite in Quebec—except #1

does not applydoes not apply

Aboriginal RightsAboriginal Rights

Section 25Section 25 Protects the culture, customs, Protects the culture, customs,

traditions, languages and other traditions, languages and other rights or freedoms of aboriginal rights or freedoms of aboriginal peoples peoples

Multicultural RightsMulticultural Rights

Section 27Section 27 Respect and preservation of the Respect and preservation of the

cultural differences of Canadianscultural differences of Canadians