2the_canadian_charter_of_rights_and_freedoms

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 

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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 