THE RIGHTS AND FREEDOMS OF CANADIANS

THE BILL OF RIGHTS n 1960, J. Diefenbaker n Codified and formally recognized the rights already recognized under common law. n Is still in effect for matters under federal jurisdiction. n Includes the right to enjoy property (not in the Charter)

Two weaknesses of the Bill of Rights: n 1. As a federal statute it only applied to federal matters. (The Charter applies to all levels of government.) n 2. As a statute it could not negate another statute. (The Charter, as part of the Constitution, is supreme over law.)

THE CHARTER OF RIGHTS AND FREEDOMS n The Charter protect the rights of the individual by limiting the actions of the gov’t. n The Charter does not apply to private matters.

1. GUARANTEE OF RIGHTS AND FREEDOMS n Guarantees our rights and freedoms, but they are subject to reasonable limits. n Eg. Freedom of speech - not able to libel anyone.

2. FUNDAMENTAL FREEDOMS n a. freedom of religion n b. freedom of thought, belief, opinion and expression n c. freedom of peaceful assembly n d. freedom of association

3,4,5. DEMOCRATIC RIGHTS n right to vote and to run for office n elections every 5 years n parliament must meet at least once every 12 months

6. MOBILITY RIGHTS n Citizens have the right to enter, remain in, and leave Canada. n Citizens/permanent residents have the right to live and work in any province

7-14. LEGAL RIGHTS n These rights will be dealt with more fully in the Criminal Law unit. n See handout for list of legal rights

15. EQUALITY RIGHTS n Guarantees legal equality to all Canadians n forbids discrimination on the basis of race, religion, national or ethnic origin, sex, age, mental or physical disability n allows affirmative action programs

OFFICIAL LANGUAGES n Confirms that Canada is a bilingual country and that citizens have the right to use the official language of his or her choice in Parliament or in any federal court n English and French are the official languages of N.B.(equal rights in legislature, courts of NB) n Language rights in other laws remain in effect n These language rights do not exclude rights of other languages

23. MINORITY LANGUAGE EDUCATIONAL RIGHTS n People in a minority position in their province will be able to have their children schooled in Eng or Fr. (there are major qualifications - e.g. sufficient numbers.) n Citizens have the right to have their children taught in the same language they were schooled in. n If one of your children is educated in Eng. or Fr., then all your children have a right to education in that language.

24. ENFORCEMENT n Any person who feels that his or her rights and freedoms have been violated may seek help in court. n Judges will exclude evidence from courtroom proceedings that has been gathered in violation of the Charter.

GENERAL PROVISIONS n The charter shall not be interpreted in such a way as to interfere with native rights. n Rights and freedoms may exist other than the Charter (Bill of Rights) n Charter must be interpreted in such a way that supports our multicultural nature. n Rights and freedoms apply equally to males and females.

APPLICATION OF CHARTER n 32. Applies to federal and provincial governments n 33. Notwithstanding clause ( gov’t can declare legislation to be valid even if it violates a provision of the Charter; only can be used for sections 2, 7-15)

34. CITATION n This is cited as the Canadian Charter of Rights and Freedoms.