CHARTER SECTIONS 15, 16-23, 24, 27, 32, 33

Section 15 – EQUALITY RIGHTS 1. Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 2. Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Section 15 - Meaning  Section 15 protects people from discrimination  It gives people equal benefit and equal protection of the law without being discriminated against because of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability.  It does not just provide equality but equity. It looks at peoples circumstances to make sure everyone benefits equally from the law.  Section 15 (2) allows for Affirmative Action programs.

Section 16 – 22 OFFICIAL LANGUAGES ACT  Confirm English and French as Canada's official languages.  The languages are equal in status.  Either language can be used in: -court, -federal laws, -federal government offices (services)

Section 23 – Minority Languages Act  Section 23 speaks about the right of the English or French-speaking minority in a province or territory to have their children educated in the minority language. In all provinces and territories where there are more English than French- speaking people, Canadian citizens have the right to have their children educated in French if one of the three situations applies: -the first language of the parents is French -the parents had their primary education in Canada in French, or -the parents have a child who has received or is receiving his or her education in French in Canada.  People in the English or French-speaking minority have the right to publicly- funded education in the minority language only if there are enough students to justify it. If there are enough students, the government must provide school facilities.

Section 24 – ENFORCEMENT  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.  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.

Section 24 - Meaning  This section gives people who believe that their Charter rights have been infringed by government or its agencies the right to challenge the government in court and appeal their charges.  A court can: -dismiss criminal charges -issue an injunction (requiring an individual to take or not take a certain action) -issue a stay of proceedings (stop the case from proceeding) -award financial compensation to a person *the court also has a duty to throw out evidence against the person if it obtained this evidence in a way that could make people lose respect for our system of justice (i.e., place our justice system into disrepute)

Section 25 ABORIGINAL RIGHTS  Section 25 says that the Charter rights cannot be interpreted in a way that will interfere with the rights and freedoms of Aboriginal peoples (including Indian, Inuit and Métis peoples).

SECTION 27 - MULTICULTURALISM  Section 27 says that the Charter is to be interpreted in a way that preserves and enhances our multicultural heritage.

Section 32 – APPLICATION  Section 32 says that the Charter applies to all government laws and actions. All laws in Canada must respect the rights and freedoms that people have under the Charter. The Charter does not apply to relations between private individuals such as relations between The Charter applies to all government laws and actions. All laws in Canada must respect the rights and freedoms that people have under the Charter.

Section 33 – NOTWITHSTANDING CLAUSE  The Charter applies to the federal and provincial governments. When people speak of the "notwithstanding clause" in the Charter, they are referring to section 33. This section gives the federal parliament and provincial governments a limited way to avoid Charter requirements of fundamental freedoms, legal rights or equality rights.  To use section 33, a government has to formally declare that the law being passed is not covered by a particular section of the Charter. Such a declaration can last up to five years. If a government wants such a law to continue after five years, it must make a new declaration.