Difference between revisions of "Charter Rights: Overview"
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{{ | {{REVIEWEDPLS | reviewer = [https://www.vancrimlaw.com/Lawyers/Brock-Martland-QC.shtml Brock Martland], Martland & Saulnier|date= July 2018}} {{Dial-A-Law TOC|expanded = rights}} | ||
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The ''Charter of Rights and Freedoms'' is one of Canada’s most important laws. Learn the key rights and freedoms protected by the Charter and how to enforce your Charter rights. | The ''Charter of Rights and Freedoms'' is one of Canada’s most important laws. Learn the key rights and freedoms protected by the Charter and how to enforce your Charter rights. | ||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
For more detail on legal and equality rights under the Charter, see our information on [[Charter | For more detail on legal and equality rights under the Charter, see our information on [[Charter Rights: Legal Rights (No. 200)|legal rights (no. 200)]] and [[Charter Rights: Equality Rights (No. 232)|equality rights (no. 232)]]. | ||
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You can’t rely on the Charter to challenge every violation of your rights. The Charter controls '''laws''' and '''government actions'''. It doesn’t control private citizens, businesses, or organizations. Before you can claim the Charter’s protection, you must show that the government, or some agency very closely connected to government, such as a school board or labour relations board, violated your rights. | You can’t rely on the Charter to challenge every violation of your rights. The Charter controls '''laws''' and '''government actions'''. It doesn’t control private citizens, businesses, or organizations. Before you can claim the Charter’s protection, you must show that the government, or some agency very closely connected to government, such as a school board or labour relations board, violated your rights. | ||
If a private individual, organization, or company violates your rights, you may be able to assert a claim under human rights law. Depending on the situation, you might be able to rely on the BC ''Human Rights Code'' or the Canadian ''Human Rights Act''. For more, see our information on [[Human Rights and Discrimination Protection ( | If a private individual, organization, or company violates your rights, you may be able to assert a claim under human rights law. Depending on the situation, you might be able to rely on the BC ''Human Rights Code'' or the Canadian ''Human Rights Act''. For more, see our information on [[Human Rights and Discrimination Protection (No. 236)|human rights and discrimination protection (no. 236)]], and [[Protection Against Job Discrimination (No. 270)|protection against job discrimination (no. 270)]]. | ||
===To enforce your Charter rights=== | ===To enforce your Charter rights=== | ||
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In other cases, an individual (personal) remedy is ordered. Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers '''appropriate and just in the circumstances'''. If a government official took the action — for example, a police officer conducted an unreasonable search — the court will often give an individual remedy that helps only the person whose rights were violated. The court may say that (for example) drugs found during an illegal search can’t be used as evidence in the accused person’s criminal trial. This helps the accused person, but it doesn’t change the law for anyone else. | In other cases, an individual (personal) remedy is ordered. Section 24 of the Charter allows a person whose rights have been violated to apply to a court for a remedy the court considers '''appropriate and just in the circumstances'''. If a government official took the action — for example, a police officer conducted an unreasonable search — the court will often give an individual remedy that helps only the person whose rights were violated. The court may say that (for example) drugs found during an illegal search can’t be used as evidence in the accused person’s criminal trial. This helps the accused person, but it doesn’t change the law for anyone else. | ||
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