The Charter of Rights and Freedoms CIVICS
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s. 1 Reasonable Limits Clause Our rights & Freedoms are guaranteed but are subject to reasonable limits As can be demonstrably justified in a free and democratic society What does this mean? THINK OF FREEDOM OF EXPRESSION
Why are the Freedoms outlined in s Why are the Freedoms outlined in s. 2 considered the roots of the other rights and freedoms outlined in the charter?
Legal rights How do legal rights enshrined in the Charter affect the jobs of police officers and other law enforcement agents?
The Charter limits the power of the state The police are an arm of the state Hence The charter limits the power of police This helps protect us from abuse of police power
Police power Question to ponder: What could happen if police power was not limited by the Charter?
Lady justice and the scales of justice Describe what you see What do you think is being depicted?
Lady justice – the ideals Scales restore a balance that has been shifted or broken all interests/evidence will be equally weighed Blindfold objectivity all legal judgments will be made without discrimination Sword Symbol of enforcement, punishment, and respect justice can be double-edged
The scales of justice Examples of competing interests Rights of the accused vs. rights of the victim Individual rights vs. collective rights Civil liberties vs. national security
What if our rights have been infringed? We look to the law for remedy – a solution
s. 24 Enforcement Clause 24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Same-sex marriage GAY COUPLES SEEKING MARRIAGE EQUALITY successfully PETITIONED COURTS TO RULE THE TRADITIONAL DEFINITION OF MARRIAGE AS DISCRIMINATORY A VIOLATION OF S. 15 EQUALITY RIGHTS PAVING THE WAY TO 2005 Civil Marriage act
furthermore… (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
What does this mean? If police are found to have conducted an illegal search any evidence collected can be deemed inadmissible (thrown out of court)
s. 33 Notwithstanding clause An opt out for provincial governments and Parliament Allows a government to pass a law that infringes on rights unreasonably (restricted to s. 2, 7 – 15) Rarely used – politically unpopular Sunset clause – law is only in effect for 5 years