Charter of Rights and Freedoms

Pictures:

http://www.cbc.ca/news/canada/charter-of-rights-turns-canada-into-a-constitutional-trendsetter-1.1216350

http://canadianinvestigations.com/services/auto-back/guarantee

http://www.truthermemes.com/fundamental-freedoms/

http://eutopialaw.com/2011/11/09/greek-%E2%80%98sovereignty%E2%80%99-and-european-%E2%80%98democracy%E2%80%99/

http://canadianfinanceblog.com/cross-border-shopping-exemptions/

http://www.carp.ca/2013/02/01/carp-disappointed-by-loss-for-pensioners-in-indalex-ruling-at-supreme-court/

http://www.chevinha.co.uk/8-careers/5-equality-diversity-in-practice.html

http://en.wikipedia.org/wiki/Official_bilingualism_in_Canada#mediaviewer/File:Bilingualstopsign.jpg

http://www.cea-ace.ca/get-involved/sign-up-for-education-canada

http://www.macleans.ca/general/the-decent-fix-for-aboriginal-rights/

http://terryfallis.com/2009/07/29/now-this-was-a-thrill/

Information:

http://laws-lois.justice.gc.ca/eng/const/page-15.html

http://www.pch.gc.ca/eng/1356631760121/1356631904950

http://www.bestlibrary.org/ss11/files/charterguide.pdf

Application of Charter

Section 32

Section 33

Subsection (3)

Subsection (1)

Subsection (2)

Operation of exception

Exception where express declaration

Five year limitation

An act made in the situation described in subsection (1) has the same effect as it would normally.

A declaration as under the terms of the first subsection of this section will only have effect for a maximum of five years.

This section allows the Parliament or Legislature of a government to make a declaration that goes against the Charter, but is necessary for the province to function. So if Quebec feels that they should only hire French speaking workers for a job to preserve their culture, which would be discrimination against other languages, they can do it for five years.

Application of Charter

Exception

The Charter applies to all levels of governments, but not the private actions of individuals in their everyday lives.

Section 23 will not come into effect until three years after this section of the charter.

Subsection (4)

Subsection (5)

Re-enactment

Five year limitation

The re-enactment of declaration will only hold force for another 5 years.

This subsection states that a government may re-enact a declaration of the terms of subsection (1).

Charter of Rights and Freedoms

Bibliography

General

Section 28

Section 27

Section 25

Section 26

Rights guaranteed equally to both sexes

Multicultural heritage

Aboriginal rights and freedoms not affected by Charter

Other rights and freedoms not affected by Charter

Above anything in the Charter of Rights and Freedoms, the rights and freedoms mentioned in this Charter apply equally to all sexes.

The Charter is meant to be interpreted in a way that is consistent with the acceptance of multicultural heritage of Canada.

No man should interpret the guarantee of the Charter in a way that may interfere with the rights and freedoms of First Nations people and any of their treaties including the Royal Proclamation or land claim agreements.

The guarantee of certain rights and freedoms in this Charter is not to be interpreted as overruling any other rights and freedoms already in existence.

Enforcement

Section 30

Section 31

Section 29

Application to territories and territorial authorities

Legislative powers not extended

Rights respecting certain schools provided

Any references that pertain to the provinces of Canada are also to pertain to both the Yukon and Northwest Territories.

Nothing in the Charter changes the responsibilities of the provincial and federal governments.

The rights and freedoms guaranteed under the Charter are not to detract from rights or freedoms pertaining to schools that are guaranteed by Canada's Constitution.

Section 24

Exclusion of evidence bringing administration of justice into disrepute

Enforcement of guaranteed rights and freedoms

When in a court scenario as aforementioned, if evidence was gathered in a way that violates the Charter of Rights and Freedoms, the evidence will be counted as null and excluded from the court case.

If anyone is denied a right or freedom described in the Charter or Rights and Freedom, they have the right to apply to a capable court and receive applicable justice as the court seems fit.

Fundamental Freedoms

Section 2

Fundamental freedoms

Everyone has these fundamental freedoms:

- Freedom to discern right from wrong and to act upon those opinions, and freedom to believe in any religion.

- Freedom to think, believe and hold opinions on any subject matter and to express your position on a topic. This includes freedom of press (circulation of opinions in print without censorship by the government) and to other forms of media communication.

- Freedom to hold public meetings and form organized groups without interference by the government.

- Freedom to join and leave groups of a person’s own choosing, and for the group to pursue as a whole the interests of members.

Guarantee of Rights and Freedoms

Minority Language Educational Rights

Section 1

Rights and freedoms in Canada

Section 23

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, within the reasonable limits set by the law that can be justified in a free and democratic society.

Language of instruction

Continuity of language instruction

Any child who is a citizen of Canada has the right for their children to have education provided to them in the same language they were educated in.

All citizens of Canada whose predominantly speak English or French in a province where their language is a linguistic minority have the right to receive schooling in their choice of English or French. So students in Quebec, where the official language is French, have the right to have primary and secondary schooling in English. Because these rights are included in the Charter we have both English and French schools in St. Albert.

Official Languages of Canada

Application where numbers warrant

Section 16

Minority Language Educational Rights only apply where there are enough children of Canadian citizens who have these rights to require provision to them out of public funds of minority language instruction. When and where there are enough students requiring minority language education, facilities are to be provided to students through public funds.

Section 18

Section 16.1

Section 17

Official languages of Canada

Official languages of New Brunswick

English and French linguistic communities in New Brunswick

Role of legislature and government in New Brunswick

Proceedings of parliament

Parliamentary statutes and records

Proceedings of New Brunswick legislature

New Brunswick statutes and records

Section 16 confirms that English and French are Canada's official languages. It also says that these languages have equal status in terms of their use within and by all federal institutions.

Everyone has the right to use English or French in any debates and other proceedings of parliament.

The statuses, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both languages are equally authoritative.

The statuses, records and journals of the Parliament shall be printed and published in English and French and both language versions are equally authoritative.

Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.

This was added in 1993 and makes it clear that the English -and French- speaking communities of New Brunswick have equal rights and that their government of New Brunswick has a duty to protect and promote those rights.

The role of the legislature and government in New Brunswick, to reserve and promote the status, rights and privileges referred to in section 1 is affirmed.

The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct cultural institutions, as are necessary for the preservation and promotion of those communities.

Section 20

Section 22

Section 19

Section 21

Rights and privileges preserved

Continuation of existing constitutional provisions

Section 22 ensures that the rights in the Charter to use English or French do not create a limit on rights to use other languages that may exist under other laws.

Communications by public with federal and New Brunswick institutions

Proceedings in courts established by Parliament and Proceedings in New Brunswick Courts

The purpose of section 21 is to protect language rights that already exist in other parts of the Constitution. In particular, the Constitution gives the people of Quebec and Manitoba the right to use either English or French in the legislatures and before the courts of those provinces,and the right to have provincial laws adopted in both English and French.

Everyone has the right to use French or English in any court established by Parliament, including the Supreme Court of Canada.

Members of the public have the right to communicate with the federal government in either English or French. The government must provide services in both languages at all of its central offices and in other locations where there is a significant demand for them or it would be reasonable to expect them.

Democratic Rights

Legal Rights

Section 3

Section 4

Section 9

Section 10

Section 8

Section 7

Democratic Rights of Citizens

Detention or imprisonment

Arrest or detention

Search or seizure

Life, liberty and security of person

Everyone has the right not be irrationally imprisoned or detained.

Everyone has to right to be safe from unreasonable search, arrest or confiscation of property.

Everyone has the right to life, independence and security and the right not to be deprived of these except in agreement with the principles of fundamental justice.

Every citizen of Canada has the right to vote in a federal or provincial election for members of the House of Commons or legislative assembly and to qualify for membership within them.

Maximum duration of legislative bodies

Continuation in special circumstances

Everyone has the right upon arrest or detention:

• to be told of the reasons for detainment
• to maintain or require legal consult without delay and to be told of that right
• to have the grounds of the arrest verified by a court and to be released if arrest is not lawful

No federal or provincial government is permitted to

continue for more than five years after the calling of election.

In cases such as real or apprehending war, invasion or uprising against the government, the House of Commons or legislative assembly may be continued more than five years if a continuation is not opposed by more than one-third of the members of parliament or legislature.

Section 14

Section 13

Section 12

Section 11

Interpreter

Self-crimination

Treatment or punishment

Proceedings in criminal and penal matters

Section 5

Annual sitting of legislative bodies

This section states that people who are deaf or do not understand or speak the language being spoken in court have the right to be assisted by an interpreter, and this right applies regardless of which language is involved.

If the testimony of a witness shows that he or she has committed a crime, that evidence cannot be used by the prosecution to prove that the witness committed an offense.

Section 12 means that governments cannot treat individuals or punish them in an excessively harsh manner. For example, the Supreme Court of Canada held that a law creating a minim sentence of seven years' imprisonment for the crime of importing narcotics to Canada, regardless of the quantity involved, as not to go against the Charter on this matter.

It is required to have a meeting of Parliament and of each legislature at least once every twelve months.

Any person charged with an offense has the right:

• to be told without unreasonable delay of the specific offense they have committed
• to be given a trial within a reasonable amount of time
• not to be required to be a witness in a court trial against that person in respect of the breach of the law
• to be thought innocent until proven guilty according to law in a fair and public trial by an independent and impartial jury
• not to be denied reasonable bail without a justified cause;
• except in the case of very serious cases, in which the accused person has the right to trial by jury
• not to be found guilty on the account of any action or confession unless, at the time it constituted an offense under Canadian or international law or was criminal according to the general principles of law as recognized by the community of nations
• If finally freed of the criminal charge, not to be tried for it again and, if found guilty of the crime and punished, not to be tried and punished for it again
• If found guilty of the crime and if the punishment for it has changed between the start of the case and the time of sentence, to receive the benefit of the lesser punishment

History of the Charter of Rights and Freedoms

Equality Rights

Section 15

Affirmative action programs

Equality before and under law and equal protection and benefit of law

At the same time it protects equality, the Charter also allows for certain laws or programs that favor disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Aboriginal peoples, visible minorities, or those with physical or mental disabilities.

This section of the Carter makes it clear that every individual in Canada-regardless of race, religion, national or ethnic origin, color, sex, age, or mental or physical disability-is to be considered equal. It also protects equality on the basis of the other characteristics that are not specifically set out in it.

Mobility Rights

Many of the rights and freedoms that are protected under the Charter, including the rights to Freedom of Speech and the presumption of innocence, have their roots set in the Implied Bill of Rights. Pierre Trudeau became Liberal leader and Prime Minister in 1968 and wanted a constitutional bill of rights. He set out to patriate the constitution from Britain so Canadian government would have control of future changes to their law. He succeeded in 1982, with the passage of the Canada Act 1982. Today the Charter is part of Canada's Constitution, which makes it the highest law in Canada.

Section 6

Rights to move and gain livelihood

Mobility of citizens

Every citizen of Canada has the freedom to leave, enter or remain in Canada.

Every citizen of Canada and anyone who hold the status of

permanent resident in Canada has the right:

• to move to and live in any province
• to earn a living in any province

Limitation

Affirmative action programs

Provinces are allowed to give preference to local persons and decline people from other provinces entry for the purpose of getting a job if the provincial employment rate is lower than the whole country's.

The rights to move and gain livelihood are subject to

• any laws or applied practices enforced in a province, excluding those

that discriminate among persons based on the province of current or previous residence

• any laws that provide sensible residency requirements as a condition to receive public social services

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