THE CHARTER:

Overview

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 History of the Charter
 Before 1982, Canada had the Canadian Bill of
Rights. Although it was a step in the right direction,
the Bill of Rights did not protect people completely.
Under the Bill of Rights, a person could challenge
another piece of legislature, however nothing
prevented government officials from amending,
appealing or simply overriding the bill. Also, no
new legislation (before 1982) had to follow this bill,
protecting the rights of those involved.
 Enter Charter…
 The Canadian Charter of Rights and
Freedoms was introduced to Canadian law in
1982 under the reign of Prime Minister of
Pierre Elliot Trudeau. As a part of Canada’s
new formal Constitution, every law in the
country, past, present or future, had to conform
to the provisions in the Charter.
 Logistics
 The Charter is split into 12
sections. The 12 sections
relate to rights that every
Canadian citizen has. They
include everything from basic
rights to language rights to
legal rights. If these rights are
infringed upon or violated,
there are legal repercussions
that can be taken.
 The Charter: first few sections
 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.

Translation:
There is little to nothing above this document
 Fundamental Freedoms
1. Everyone has the following fundamental freedoms:
a. freedom of conscience and religion
b. freedom of though, belief, opinion and
expression, including freedom of the
press and other media of
communication
c. freedom of peaceful assembly;
and
d. freedom of association
 Democratic Rights
1. Every citizen of Canada has the right to vote
in an election of members of the House of
Commons or of a legislative assembly and to
be qualified for membership therein.

Translation:
Everyone over a certain age can
both vote and run for government.
 Democratic Rights Cont’ed
4. (1) No House of Commons and no legislative assembly shall
continue for longer than five years from the date fixed for
the return of the writs of a general election of its members.
2. (2) In time of real or apprehended war, invasion or
insurrection, a House of Commons may be continued by
Parliament and a legislative assembly may be continued by
the legislature beyond five years if such continuance is not
opposed by the votes of more
than one third of the members of the
House of Commons or legislative
assembly, as the case may be.
 Democratic Rights Cont’ed
Translation:
4(1). The government has a limited term of 5 years.
This means that 5 years after that government gets in,
they have to call an election.

4(2). In drastic times, the government may run

longer. An example of this would be during war
time. It is not a good idea to hold an election in the
middle of a world war.
 Democratic Rights Cont’ed
1. There shall be a sitting of Parliament and
each legislature at least once every twelve
months

Translation: The government must sit in the

House of Commons at least once a year.
 Mobility Rights
6(1). Every citizen of Canada has the right to
enter, remain in and leave Canada.
6(2). Every citizen of Canada and every persons
who has the status of a permanent residence of
Canada has the right:
a. to move and take up residence in any
province; and
b. to pursue the gaining of a livelihood in
any province.
 Mobility Rights Cont’ed
(3) The rights specified in subsection (2) are
subject to:
a. any laws or practices of general application in
force in a province other than those that
discriminate among persons primarily on the
basis of province of present or previous
residence; and
b. any laws providing for reasonable residency
requirements as a qualification for the receipt of
publicly provided social services.
 Mobility Rights Cont’ed
(4). Subsections (2) and (3) do not preclude any
law, program, or activity that has as its object
the amelioration in a province of conditions of
individuals in that province who are socially or
economically disadvantaged if
the rate of employment in that
province is below the rate of
employment in Canada.
 Mobility Right’s Cont’ed
Translation of section 6:
-every Canadian citizen/permanent resident has the
right to move inside of Canada to other provinces and
may work there
-there are 3 limitations on this right that are related to
the idea of provincial programs (eg. you have to live
in a province for so long before accepting social
services or the workplace can hire a specific kind of
person before another if they are disadvantaged in
comparison to the overall rate in Canada.)
 Legal Rights
 Everyone has the right to life, liberty and
security of the person, and the right not to be
deprived thereof except in accordance with the
principles of fundamental justice.

 Translation: Protects us in our dealings with

the justice system – treated fairly, especially
those charged with a criminal offence.
 Examples
 May not be sent to prison unless there is some proof
that they did something wrong
 What about those detained in Canadian prisons - those who have
come from other countries?

 To imprison a person who has acted reasonably

would offend the principles of fundamental justice.
 Equality Rights

 Equal before and under the law and has the

right to the equal protection and equal benefit
of the law without discrimination and, in
particular, without discrimination based on
race, national or ethnic origin, colour, religion,
sex, age or mental or physical disability.
 Official Languages of Canada

 French & English

 Official languages – records in both languages

 Minority Language Educational
Rights

 Provincial governments have a responsibility

to provide educational opportunities in both of
the official languages

 Must be a justified number of students

 Enforcement
 Anyone who rights or freedoms, as guaranteed
by the charter, have been infringed or denied
may apply to a court of competent jurisdiction
to obtain such remedy as the court considers
appropriate and just in the circumstances

 When rights are denied…

 General
 Aboriginal, treaty or other rights or freedoms
that pertain to the Aboriginal people of Canada

 Protect culture, customs, traditions, and

language