1. The Charter of Rights and Freedoms
CIVICS

2. ?

3. 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

4. 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?

5. Legal rights
How do legal rights enshrined in the Charter affect the jobs of police officers and other law enforcement agents?

6. 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

7. Police power Question to ponder:
What could happen if police power was not limited by the Charter?

8. Lady justice and the scales of justice
Describe what you see
What do you think is being depicted?

9. 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

10. 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

11. What if our rights have been infringed?
We look to the law for remedy – a solution

12. 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.

13. 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

14. 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.

15. 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)

17. 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