1. Our Rights and Freedoms Under the Charter in Canada

2. 2a – Freedom of Conscience and Religion
One can choose or choose not to have religious beliefs
One can practice their religious beliefs
One can express their religious beliefs
the Canadian Government cannot penalize or hinder any of these rights through legislation or policy

3. 2a – Freedom of Conscience and Religion
Any legislation created that has a trivial or insubstantial effect on a person/group’s freedom of religion IS NOT CONSIDERED A VIOLATION OF THIS RIGHT
Legislation, therefore, has to infringe upon a doctrine fundamental to a religion in order to be considered to violate this right

4. 2b – Freedom of Thought, Belief, Opinion and Expression (and Press)
Applies to any form of expression: speech, writing, art, film, dance, etc.
Often used to ensure that journalists, protesters and artists are not jailed for criticizing government

5. 2b – Freedom of Thought, Belief, Opinion and Expression (and Press)
Limitations to the right to expression are:
Expression inciting hatred – if the individual’s message intends to motivate people to violence against others
Obscenity – may censor materials; prosecute those communicating with prostitutes
Slander – lies against character of person
Reporting of Judicial Proceedings in Certain Courts – where may affect fair trial

6. 2c – Freedom of Peaceful Assembly
Means the right to hold a peaceful demonstration in protest of a matter, or, similarly, to picket a work location
“Peaceful” is an important distinction here, for if it becomes a riot, becomes illegal

7. 2d – Freedom of Association
Means that people are allowed to join into groups for common purposes
One major example is the right to join a union for the purposes of bargaining for collective benefits on the job
Also allowed to join political groups, interest groups, etc. without being jailed for being a member of such groups

8. 3-5 – Democratic Rights
S3 - right of CANADIAN CITIZENS to vote in federal and provincial elections and to run for election in each of these
S4 – limits to the duration of a Parliament or legislative assembly to 5 years between elections (to avoid a government hanging onto power indefinitely)
S5 – insistence that Parliament/legislative assemblies ‘sit’ or hold sessions at least once a year

9. 3-5 – Democratic Rights
Until the creation of the Charter, voting rights could easily have been removed by any government by law
Although right to vote is for citizens, restrictions have been allowed, such as residency requirements, age, and role of Chief Electoral Officer as non-voting
Democratic rights cannot be limited by application of Notwithstanding Clause

10. 6 – Mobility Rights
Meant to ensure that provincial boundaries are not closed to new residents
Allows people to live and work in any province, and to ensure that provincial governments do not create legislation to limit influx of new people
However, subsection 4 allows provincial gov’ts to enact legislation limiting people from entering province for work if their unemployment rate is higher than rest of Canada

11. 7-14 – Legal Rights
S7 – right of life, liberty and security of person afforded to EVERYONE within Canada (even those NOT citizens)
Means that Canada accepts refugees, and will not send citizens of other countries to face trial if it uses the death penalty as punishment

12. 7-14 – Legal Rights
S8-14 involves rights of people upon arrest, such as:
protection from unreasonable search and seizure (s8),
arbitrary detention/ imprisonment (s9),
rights upon arrest (s10-11),
Protection from cruel & unreasonable punishment (s12)
Right to immunity from self-incrimination when testimony of witness could result in info that could be used against them in a different criminal investigation (s13)
Right to have an interpreter when the trial is conducted in a language accused does not understand (s14)

13. 15 – Equality Rights
Subsection 1 details guarantee of EVERYONE (not just citizens) to be equal under laws, including protection from laws that may discriminate against person on basis of:
Race
National/ethnic origin
Colour
Sex
Age
Mental or physical disability
Sexual orientation

14. 15 – Equality Rights
Subsection 2 allows for the government to create laws that would assist people listed in subsection 1 in order to raise their conditions to that of others
One known example is “affirmative action” programs that aim to help employment levels in government workplaces to balanced levels of women, people of different ethnic backgrounds, physical disability, etc.

15. 16-22 – Language Rights
S16-17 stress that English and French are the official languages of Canada, and therefore both allowed to be used equally in government proceedings
S18 expects all government documents and records to be published in both languages
S19 allows anyone to use either language in court proceedings

16. 16-22 – Language Rights
S20 guarantees services from the government will be offered in both official languages, where requested by individual asking for such service

17. 23 – Minority Language Education Rights
Offered in English or French only
Offered only to Canadian citizens
One of 3 criteria must be met to have right offered in this section:
Must be mother tongue first learned and understood
Must be the language the parents were educated
Must be language other siblings received in their education

18. 23 – Minority Language Education Rights
A limitation to this right is the “numbers test”, in which a person/group requesting education in their preferred language must be in sufficient numbers for the province to offer it in their area of residence
However, “sufficient numbers” is not specific and up to the province to decide what is sufficient

19. 24 - Enforcement
Subsection 1 allows people the right to apply to the courts for remedy if any right in the Charter has been denied or violated
Subsection 2 guarantees that evidence collected in a manner that violates their Charter rights cannot be admitted as evidence in their trial, especially if allowing it would cause public to lose trust in the police or courts

20. 25 – Aboriginal Rights
Ensures that no law will be allowed to infringe upon existing aboriginal treaty rights, such as:
Royal Proclamation of 1763, giving general land claims to Rupert’s Land and hunting/fishing rights
Any land claims negotiated

21. 26 – Other Rights Allowed
This section stresses that the Charter rights are not the only rights that would have to be allowed in Canada for the benefit of the people

22. 27 – Multicultural Right
This section ensures that any interpretation of the Charter will be done so in a way that enhances and preserves our country’s multicultural heritage

23. 28 – Gender Right
This section ensures that all rights and freedoms in the Charter will be equally guaranteed to both women and men

24. 29 – Separate Schools
This section allows for separate schools to exist, despite any rights in the Charter that might attempt to obstruct their operation

25. 30 – Territories Included!
This section mentions that whenever the Charter mentions a province or a legislative assembly for a particular right or freedom, it should also apply to the territories of Canada and their governments as well

26. 31 – Clarifying Powers
This section notes that no one should interpret any section in this Charter as allowing more power or authority to any legislative body (federal, provincial or territorial)

27. 32 – Charter Applies to...
Federal, Provincial and Territorial governments, their agencies and services

28. 33 – Notwithstanding Clause
This section allows a federal or provincial government to enact legislation that is seen to violate sections 2 or 7 through 15
If notwithstanding clause is enacted, legislation may remain despite violating the Charter for a period of 5 years