Difference between revisions of "Charter Rights: Overview"
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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)]]. | 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== | |||
Canadian courts interpret and enforce the Charter. Courts have the power to strike down and invalidate laws or government actions. They will do so if necessary to defend a protected right or freedom. If you think a provincial or federal law or action violates your Charter rights, you can ask a court to strike down the law or grant another '''remedy'''. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected. | Canadian courts interpret and enforce the Charter. Courts have the power to strike down and invalidate laws or government actions. They will do so if necessary to defend a protected right or freedom. If you think a provincial or federal law or action violates your Charter rights, you can ask a court to strike down the law or grant another '''remedy'''. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected. | ||
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In considering a Charter challenge, the court will generally assess two questions. | In considering a Charter challenge, the court will generally assess two questions. | ||
===First, were your rights under the Charter violated?=== | |||
You have to show the court that one of your Charter rights was violated. This usually means persuading the judge that a law or government action violated a specific Charter right. For example, you might complain that a law restricting what signs you can put in your window violates freedom of expression. If you prove a violation, the court will move on to a second question. | You have to show the court that one of your Charter rights was violated. This usually means persuading the judge that a law or government action violated a specific Charter right. For example, you might complain that a law restricting what signs you can put in your window violates freedom of expression. If you prove a violation, the court will move on to a second question. | ||
===Second, can the government justify the law as a reasonable limit?=== | |||
If a court finds the government violated your rights, the next step depends on what caused the violation: was it a written law, or was it an action by government? If government action caused the violation, the government does not get a chance to justify the violation. | If a court finds the government violated your rights, the next step depends on what caused the violation: was it a written law, or was it an action by government? If government action caused the violation, the government does not get a chance to justify the violation. | ||