Overview and Protections

In Canada we have entrenched our rights and freedoms into the constitution. This means that some of our most important rights like freedom of expression are written in the constitution, making them the highest law of the land, and therefore supreme over any other laws. This means that laws created by the government cannot violate our rights.

The charter allots us many rights and freedoms which, are as follows.

Fundamental Freedoms

Under the charter we have what are known as fundamental freedoms which are:

• Freedom of conscience and religion - You have the right to choose what religion to follow or choose not to follow a religion at all.

• Freedom of though, opinion and expression - You have the right to believe what you want and express that belief without government interference. This includes freedom of the press.

• Freedom of peaceful assembly - You have the right to protest peacefully.

• Freedom of association - You have the right to be able to associate with anyone. This also allows unions to exist.

Democratic Rights

We also have democratic rights which govern our ability to have a fair and publicly accountable government. Our democratic rights are as follows:

• Every citizen has the right to vote and be a MP, MPP or MLA.

• No house of commons may sit for more than 5 years - This means we must have an election at lest every 5 years.

• In times of war the house may be continued past 5 years so long as more than one third of the house isn't opposed to such a proposal.

• Parliament must sit once every 12 months - This means that MPs must appear in the house of commons for debate once a year.

Mobility Rights

We also have rights in the constitution that let us move inside and outside the country. The rights we are rewarded are as follows:

• Every citizen has the right to enter, remain in and leave Canada.

• Every citizen and permanent resident has the right to reside in any province.

  • Exemptions to these rights exist for social services and reasonable residency requirements

Legal Rights

To make sure everyone has access to a fair legal system we have legal rights which, are as follows:

• Everyone has the right to life liberty and security of the person.

• Everyone has the right to be secure against unreasonable search and seizure - This means the police cannot search you without a warrant.

• Everyone has the right not to be arbitrarily detained or imprisoned - This means you cannot be put into jail without necessary evidence.

• Everyone on arrest or detention has the right

  • To be informed promptly of the reasons therefor - To have the reasons for your arrest to be explained to you.

  • To retain and instruct council within a reasonable amount of time - You have the right to see a lawyer in a reasonable amount of time

  • To have validity of the detention to be determined and if it is not, be released - This means if there is no evidence to place you in jail you have the right to leave jail.

• In the case of criminal and penal matters there are more rights you receive. This includes:

  • To be informed of the specific offense within a reasonable time - The police must tell you within a reasonable time, why you are under arrest.

  • To be tried within a reasonable time - You have the right to a trial within a reasonable time.

  • Not to be compelled to be a witness in proceedings - The police / prosecution cannot make you be a witness in a trial if you don't want to be one.

  • The presumption of innocence until proven guilty - You are innocent until proven guilty.

  • Not to be denied bail without reasonable cause.

  • Unless it is a military trial you have the right to a jury if the punishment for the crime is 5 year in jail or longer.

  • You cannot be found guilty for an act if that act was legal at the time it was committed.

  • If acquitted of an offence you cannot be tried again for the offense and if you were found guilty of the offence you cannot be punished for it for a second time.

  • If the punishment for a crime was lower at the time the offence was committed the accused has the right to the lesser offence.

• Everyone has the right to not be subjected to cruel or unusual punishment.

• A witness has the right to not have any incriminating evidence given against them unless in a prosecution for perjury.

• People with disabilities have the right to assistance in the court.

Equality Rights

Under the charter there are limitations to how laws can be written. This includes equality rights which aim to prevent laws that are not equal for every person. The equality rights listed in the constitution are as follows:

• Every person is equal under the law and has the right to equal benefit under the law, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability - This means every law must be made so that it doesn't favour a group of people more than an other group.

• This section of the charter does have an exemption for laws and programs that exist to help disadvantaged individuals.

Official Languages

The official languages of Canada are English and French.

Minority Language Rights

People who live in a province or a part of the country where English or French is the language of the minority and have kids, have the right to have their kids learn the language they speak.

Enforcement

If you feel that your rights have been violated you can start a court case to prove that your rights were violated. If you win such a case you can also get the law that may have violated your right struck down.

Non withstanding

A government can choose to in fringe upon these rights using what is know as the "non withstanding clause". If a government uses this clause it can only be in force for no longer than 5 years.

Limitations

At the start of the charter there is a clause that allows for our rights to be limited under "reasonable grounds".

The full text of the Charter of Rights and Freedoms can be found at laws-lois.justice.gc.ca/eng/const/page-15.html

Source for the information above (“Constitution Act,” n.d.).

Pictured above the the Charter of Rights and Freedoms. Source: TheStar

Source

Constitution Act, 1982. (n.d.). Retrieved October 28, 2015, from http://laws-lois.justice.gc.ca/eng/const/page-15.html