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Learn about the Canadian Charter of Rights and Freedoms, the fundamental rights and freedoms it protects, and the limitations within the Charter. Understand the constitution and legal rights that apply to Canadians.
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Charter: A Summary • A constitution is the supreme law of a nation that outlines the government structure for the nation and defines and limits government power • The British North American Act (BNA Act) of 1867 was Canada’s first constitution that set up the basic system of government that we have today. • The Constitution Act of 1982 is the supreme law of Canada and it includes the Canadian Charter of Rights and Freedoms • The Canadian Charter of Rights and Freedoms spells out the nature of civil rights in Canada • All the laws in Canada must be consistent with the Charter. Therefore, the government of Canada and the provincial governments are required to comply with it and to protect the fundamental rights of Canadians.
The Charter • Fundamental Freedoms • Freedom of conscience and religion • Freedom of thought, belief, opinion and expression • Freedom of peaceful assembly • Freedom of association • Mobility Rights • The right to live and work in any province
3. Legal Rights • The right to not be detained or imprisoned without good cause • The right to be informed promptly of the reasons for arrest • The right to a lawyer without delay • The right to be presumed innocent until proven guilty • The right not to be subjected to cruel and unusual treatment or punishment
4. Equality Rights • The right to equal treatment by the law and protection from discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, or mental or physical disability 5. Official Languages of Canada • The right to access the government of Canada in English or French 6. Minority Language Educational Rights • The right to education in English or French where there are a significant number of students
For Canadians only 7. There are, however, certain important rights that apply on to Canadian citizens. These rights are: • The right to cast a vote in a federal or provincial election • The right to be a candidate in a federal or provincial election • The right to be able to leave the country and return, regardless of the time spent abroad
Limitations within the Charter 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
The Notwithstanding Clause(do not write this page… write the next one) 33. Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. (4) Parliament or a legislature of a province may re-enact a declaration made under subsection (1). (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).
The Notwithstanding Clause • Section 33 gives Parliament or the provincial legislatures the right to override certain portions of the Charter for a period of up to 5 years.
