An Overview of the Charter of Rights and Freedoms

1. An Overview of the Charter of Rights and Freedoms

2. What is the Canadian Charter of Rights and Freedoms? • The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution. • The Charter sets out those rights and freedoms that Canadian believe are necessary in a free and democratic society.

3. Purpose: • To make sure that the government cannot infringe on basic human and legal rights. • To protect the rights of the minority against the will of the majority.

4. Overview • The Charter gives judges the power to do what they consider “appropriate”, when the court concludes that any law is inconsistent with the Charter. • When a court finds that a law is inconsistent with the Charter, very often the court will order that the law is unenforcable.

5. How long has the Charter been in force? • It came into effect on April 17th, 1982.

6. Are all my rights contained in the Charter? • No. The Charter contains those rights and freedoms that Canadians believe are essential in a free and democratic country. • They have been set out in the Constitution as a way of making sure that they are given the greatest protection possible under the law.

7. Who enjoys Charter rights? • Any person in Canada, whether Canadian citizen, a permanent resident or a newcomer, has the rights and freedoms contained in the Charter. • There are some exceptions: • The right to vote( Section 3) • The right to enter, remain in and leave Canada (Section 6)

8. Can the government take away my Charter rights? • Section 1 of the Charter states that the government may limit Charter rights as long as these limits are reasonable in a free and democratic society.

9. Can the government pass laws that take away some of my Charter rights? • Section 33 (Notwithstanding Clause) • Allows the Parliament of Canada or provincial legislature to make a law exempt from sections of the Charter. ( Section 2- Fundamental Freedoms, Section 7-14, Legal Rights and Section 15- Equality Rights). • Notwithstanding Clause expires after 5 years and is rarely used.

10. Can the government make changes or amendments to the Charter? • Changes can be made but are difficult to do. • To amend the Charter, the federal Parliament and 7 of 10 provincial legislatures must agree. • Population of those 7 provinces must make up 50% of the total population of Canada. • Charter has been amended 2 times since 1982.

11. What can I do if my Charter Rights have been denied? • 3 Legal Remedies/Actions available to the individual. • First Remedy: Person can ask a court for a remedy that is “appropriate and just in the circumstances.” For example, Delay in trial – Accused can ask court to stop proceeding under Charter.

12. Second Remedy • Authorities overextend their powers and violate a person’s Charter rights (Police, Government actors). For example: Improper search for evidence without properly executed warrant of a person’s private property.

13. Second Remedy • Accused can ask the court to order that any evidence found not be used against the person at trial. • Under Section 24 (2)of Charter- “Bring the administration of justice into disrepute”. The process of searching unlawful impact credibility of the entire justice system.

14. Third Remedy • If a court finds that a law violates the Charter rights, it can rule that the law has no force under Section 52 of the Constitution Act, 1982).

15. Why is it important that the Charter is part of the Constitution? • The Constitution is the supreme law of Canada. • All other laws must be consistent with the rules set out in the Constitution. If they are not, they may be invalid. • Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. • This makes the Charter the most important law we have in Canada.