Canadian Charter of Rights and Freedoms

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Fundamental Freedoms, Democratic and Mobility Rights, and Legal and Equality Rights

Krystal Woodside Cyrena Leclair Mackenzie Bell Keiana Cameron Allison MacNeill Hannah Wood

Canadian Charter of Rights and Freedoms Rights, Freedoms, and Responsibilities.

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The Fundamental Freedoms 

The right to conduct ones affairs without governmental influence.

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These freedoms, however, are not absolute, and have limitations.

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You cannot infringe upon another persons rights and freedoms.

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Freedom of Conscience and Religion

Meaning You:   

Have a right to believe in a religion of your choice To declare these beliefs openly. To practice, worship, teach, and disseminate these beliefs.

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Dissemination: Spreading ideas widely.

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It states that no one can be forced to act in a way that contradicts their beliefs or conscience.

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A persons freedom of religion can be limited to the rights and freedoms of others. 

An example of this would include blood transfusions that are against a children’s religion, but if the charge is underage and unable to speak for themselves, they can be given a transfusion by the power of the court.

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Freedom of Thought and Expression Means You:  

Are free to think and believe what you want. To publicly express your opinions through writing, speech, painting, photography, and other means.

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This includes freedom of press and other media, because they are seen as means of communicating information and as a way of speaking out about issues.

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The right of the public to information and the right of the press to fulfill this right are included under this category, and have been protected in Charter decisions by the Supreme Court.

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An example of this freedom is the case including Robin Sharpe, who after being charged with child pornography, claimed that this went against his freedom of expression.

+ Freedom of Peaceful Assembly and Association 

Means You:   

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Have the right to assemble for peaceful purposes. Can protest against a government action or march in support of a cause. Have the right to connect with other people or groups in unions, political parties, cultural groups, and other organizations.

Means You Cannot: 

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Have an ‘unpeaceful’ assembly, or a riot, which must consist of twelve or more persons. Once distinguished as unlawful, causing fear in nearby citizens, or disturbs the peace, it may be dispersed by authority. Interact with fellow peers if this is included in the probation of a young offender. Guarantee trade unions the right to bargain collectively.

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Democratic Rights 

Although s3 in the charter claims that every citizen has the right to vote, there are restrictions such as age, mental capacity, residence, and registration.

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Certain groups such as the judiciary are excluded to ensure their independence from government.

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Prisoners serving more than two years cannot vote.

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The charter guarantees not only voting rights, but also the right to exercise these rights.

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Democratic rights 

Canadians are assured the opportunity to an election every five years except under extraordinary circumstances such as war or national emergency.

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Parliament and provincial legislative assemblies must hold at least one session a year.

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This allows for both elected members and the public to question government actions and policy.

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Mobility Rights

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Section 6 of the Charter concerns the rights of citizens to move from country to country and province to province.

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A lot of Charter cases in this section involve extradition, which is surrendering an accused person to another jurisdiction to stand trial.

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However, should someone accused of a capital offense, a crime punishable by death in some jurisdictions, be on trial in a country where the death penalty is a possibility, extradition will not take place.

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Fun fact! Having children within Canada does not confer any Charter right on the parents to remain in the country.

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Mobility Rights….Continued 

Despite what some may think, there are limitations to Canadians’ rights to move to different provinces and secure work.

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Wealthy provinces worried about an overload of unemployed people from other provinces taking jobs and using services paid by permanent residents, and poor provinces were concerned that scarce jobs would be taken away.

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To help prevent this from happening, the following orders were put into place in the Charter: - Publically funded social services can be restricted to those who have lived in the province for a certain length of time [s. 6 (3)(a) and (3)(b)]. - A province with a higher unemployment rate can create programs to favor its own permanent residents [s. 6(4)].

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Legal and Equality Rights Section 7: Life, Liberty, and Security of Person 

Everyone has the right to Life, Liberty, and Security. You are not to be deprived of these rights, except when not in accordance with the Principles of Fundamental Justice.

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Example: Abortion and Assisted Suicide (to be discussed later)

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Legal and Equality Rights Section 8: Unreasonable Search and Seizure 

Everyone has the right to be secure against unreasonable search and seizure. 

If authorities went to search one’s personal items, they need a fair reason and the search must be conducted reasonably

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Example: If a warrant is for weapons, then the authorities cannot search for any other items. Some cases can be overthrown with special permission.

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Legal and Equality Rights

Section 9: Arbitrary Detention and Imprisonment 

Everyone has the right not to be arbitrarily detained or imprisoned. 

People can not be held for questioning, arrest, or kept in custody by police without good reason

Section 10: Rights when under Arrest or Detention

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When under arrest or detention a person has the following rights:  To be promptly told reason for arrest  To obtain and inform a lawyer  To prevent wrongful detain

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Legal and Equality Rights Section 11: Proceedings in Criminal Matters 

When charged everyone has the right: 

To be informed of offense

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To be tried within time

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Cannot be forced to be a witness

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Innocent until proven guilty

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Not to be denied bail without cause

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Except when under military law where the punishment exceeds five years

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Not to be found guilty unless categorized under international law

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If acquitted, that accused can not be tried again

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If the accused served a punishment between the time of the trial and time of verdict, then that service will be reflected on new punishment

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Legal and Equality Rights Section 12: Cruel and Unusual Punishment 

Everyone has the right to not be subjected to punishment in an unnecessarily harsh fashion.

+ ISSUE Assisted Suicide 

Tracey Latimer was born with cerebral palsy, meaning she dealt with total paralysis from the neck down and full brain damage, with the conditions being continuously degenerative.

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Tracey went through many different surgeries to try and correct these issues, and was unable to take painkillers stronger than Tylenol, because it could lead to a coma and life support.

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At the age of twelve, Tracey was in extreme pain, unable to eat, sleep, and had little to no quality of life.

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Her father, Robert Latimer, was pained to see his daughter suffer so much. He made the hard decision to take his daughter to his vehicle and assist in her death by carbon monoxide poisoning.

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Her father was charged with second degree murder, and issued life imprisonment with no chance of parole for ten years.

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Cited:

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Law In Action: Understanding Canadian Law (Text)

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http://www.robertlatimer.net/

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