Difference between revisions of "Charter Rights: Overview"

The Charter protects several rights and freedoms

 

The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. If a court decides that a law, or part of a law, or an action by a government actor or entity, violates the Charter, that law, or action, is not valid—unless the Canadian Parliament or a provincial legislature can justify the Charter violation as being necessary as a reasonable limit, or the legislature uses section 33 (the notwithstanding clause of the Charter) to say that the challenged law operates in spite of the Charter. (The “reasonable limits” and “notwithstanding” clauses are explained later in this script). As well, the Charter controls the actions of state officials such as the police. Both the Constitution and the Charter are on the Canadian government website at http://laws-lois.justice.gc.ca/eng/const.

•Fundamental freedoms—section 2 guarantees freedom of: ◦association

◦peaceful assembly

◦conscience and religion

◦thought, belief, opinion, and expression, including freedom of the press and other media

•Democratic rights—sections 3, 4, and 5 cover the right to vote and the maximum time between elections

•Mobility rights—section 6 guarantees to Canadian citizens and permanent residents the right to live and work anywhere in Canada

•Legal rights—sections 7 to 14 contain the rights to: ◦ life, liberty, and security of the person

◦ be free from unreasonable search or seizure  

◦ not be arbitrarily detained or imprisoned

◦ be informed promptly of the reasons for any arrest or detention and be released if the reasons are not valid

◦ have a lawyer, if you are arrested

◦ a fair and public trial within a reasonable time, by an impartial tribunal, if you are charged with a crime

◦ not give evidence against yourself

◦ be presumed innocent

◦ be free from cruel and unusual punishment

◦ be granted reasonable bail if appropriate

◦ a court-appointed interpreter