1. The Charter of Rights and Freedoms

3. Fun Fact: When the Queen signed the Constitution, Trudeau celebrated by dancing a Piroutte behind her back. When America signed their constitution they celebrated by shooting the British.

4. What is the Charter? A constitutional document that
defines the rights and freedoms of Canadians
Establishes the limits of such freedoms.
was proclaimed as part of the Canadian Constitution in 1982.
Notes:
The Charter of Rights and freedoms became part of the Constitution in spite of the concerns of the provinces. They feared loss of power because an entrenched Charter would be interpreted by the courts and beyond the control of provincial legislative bodies>

5. The Guarantee of Rights and Freedoms
"subject to reasonable limits"
P. 100 Law in Action
This is the “common sense” clause which allows governments to limit freedoms if it is reasonable.
The courts must decide what is reasonable.

6. Fundamental Freedoms (s.2)
Freedom of conscience and religion
Freedom of thought, belief opinion and expression
Freedom of the press
Freedom of peaceful assembly
Freedom of association

7. Democratic Rights (ss. 3-5)
The right to vote (for citizens 18 and over)
The right to run for elected office
Elections are to be called once every five years.
Parliament and legislatures must sit once in every 12 months.

8. Mobility Rights (s. 6) The right to leave and to return to Canada
The right to move anywhere in Canada to live and work
Provinces cannot limit the right of non residents to own property.
Questions For Discussion
1. Why would the government of British Columbia be reluctant to see large numbers of unemployed Canadians arrive in Vancouver and Victoria during the winter months?
2. Does the wording of this section allow provinces to deny social assistance to migrant workers?
Notes:
This has been a recent problem in B.C. where a three month waiting period was imposed before social assistance could be collected by newly arrived unemployed citizens. The federal government challenged B.C.s position as unreasonable and the province eventually backed down.

9. Legal Rights (ss. 7-14)
“the right to life, liberty and the security of the person”
This limits the power of government to detain or to deny people basic liberty except “in accordance with principles of fundamental justice.”

10. Legal Rights II Arbitrary arrest is not allowed.
Police cannot unreasonably search any person.
You must be informed of the reason for your arrest.
You must be informed of your right to retain a lawyer.

11. Legal Rights III You must be informed of your offense.
You must be tried in a reasonable time.
You are presumed innocent until found guilty by the courts.
You cannot be denied reasonable bail.
You cannot be forced to give evidence against yourself.

12. Equality Rights (s. 15)
You have legal equality regardless of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability.
Affirmative action programs do allow special treatment for those who are disadvantaged.

13. Language Rights (ss )
The bilingual status of Canada is recognized.
The equality of French and English is confirmed.
Federal agencies must provide services in both French and English.
Either language can be used in federal courts.
Native people can still use their languages in court.

14. Minority Language Rights (s. 23)
English or French speaking minorities can have their children educated in their own language.
Provinces need only provide minority language schools where there are sufficient numbers to justify the cost.
Bonjour!

15. Enforcement of the Charter
An individual may apply to the courts to stop any activity they believe to be discriminatory.
Courts may challenge laws that take away basic individual rights and freedoms.
The Charter takes power away from Parliament and provincial legislatures and gives it to the courts.

16. “Notwithstanding” (s. 33)
This section of the Charter allows governments to pass laws which may interfere with
Fundamental Freedoms.
Legal Rights.
Equality Rights.
This action is only valid for five years after which it must be reaffirmed.

17. The Charter and Canadian Society
All levels of government had to ensure that their laws did not violate the Charter.
The wording of many parts of the Charter continues to be open to interpretation.
Parts of the Charter have been found to be in conflict with each other requiring judges to balance one right against another.
Example: Chamberlain v. SD36