2The Charter……defines the relationship between people, organizations and companies and the governmenthas 34 sectionsIncludes the legislative executive and administrative branches of govt as well as Crown corporations, banks and other institutions regulated by the federal government
3The Charter….. Is enforced by the Supreme Court Allows people who believe their rights and been infringed or violated by Government to challenge the government in Court
4The Supreme Court asks three main questions when considering a Charter case….. Was the right violated by the government?Is the right covered by the Charter?Is the violation or infringement within a reasonable limit?
5What is a “reasonable limit”?? There are four criteria:Must be important enough to justify overriding a constitutionally protected rightMust be reasonably and logically connected to the objective for which it was enactedThe right must be limited as little as possibleThe more severe the limitation, the more important the objective must be
7Freedom of Conscience and Religion Section 2(a)You have a right to entertain the religious beliefs you choose, to declare those beliefs openly without fear and to express you religious beliefs though practice, worship, teaching and spreading of ideas.
8Freedom of Thought and Expression Section 2(b)You are free to think and believe what you want and to publicly express your opinions through writing, speech, painting, photography and other means.Regarded as one of the key freedoms in a democracy.
9Freedom of Peaceful Assembly and Association Section 2(c)Freedom to assemble for peaceful purposes such as demonstrating against a government action or in support of a causeAbilty to connect with other people or groups such as unions, political parties, cultural groups, educational organizations or sporting groups
11Democratic RightsSections 3,4 and 5 of the Charter guarantee democratic governmentSection 3—the right to vote (subject to reasonable restrictions)Section 4—the right to elect new governments every 5 years (except under extraordinary circumstances)Section 5—governments must hold at least one session per year
12Mobility RightsSection 6 of the Charter protects the right of citizens to move in and out of the country and between provincesSection 6(1)—Extradition—accused persons can be sent to countries to face trial (Except if they face death penalty)Some restrictions/differences are allowed—ex: social services programs require a minimum time of residency
13Legal and Equality Rights Sections 7-11 of the Charter cover areas of criminal law: investigating a crime, procedural fairness, use of evidence, etc
14Life, Liberty and Security of Person Section 7Every person has the right to life, liberty and security of the person and cannot be deprived of these rightsControversial in terms of abortion rights, assisted suicide
15Unreasonable Search and Seizure The police must have a good reason for searching the person , home or belongings of an accusedThe search must be conducted fairly
16Arbitrary Detention or Imprisonment People cannot be held for questioning, arrested or kept in jail without good reason
17Rights While Under Arrest or Detention Section 11Sets out important rules that protect anyone charged with an offencePresumed innocent until proven guiltyTrial conducted fairlyRight not to be denied bailRight to trial by jury for serious charges
18Cruel and Unusual Punishment Section 12Governments cannot treat or punish individuals in an unnecessarily harsh fashionSome controversy over what this meansSupeme Court considers: gravity of the offense, personal characteristics of offender, circumstances of case
19Right of Witnesses in Court Guarantees that testimony cannot be used against you.Also guarantees the right of an interpreter if necessary
20Equality Rights Section 15 Every individual is considered equal and government cannot discriminate in its laws or programs
21Section 15 There are three basic parts: Every citizen is equal under the lawEvery citizen has the right to equal protection and benefit of the lawThese rights are to applied equally and without discrimination
22The government is allowed to set up programs which improve conditions for disadvantaged groups even though they are discriminatory to the minority—eg: handicapped parking!
24Language Rights Section 16-22 English or French can be used in ParliamentLaws, govt publications etc must be in both languagesFederal offices must be bilingualEither language can be used in courtEqual status of both languages in NB recognized
25Language Education Rights In the nine English provinces parents have the right to have their children educated in French if:1)Their first language is French OR2)They received their own primary (k-2) schooling in French OR3)They have another child already in French educationThis is opposite in Quebec—except #1 does not apply
26Aboriginal Rights Section 25 Protects the culture, customs, traditions, languages and other rights or freedoms of aboriginal peoples
27Multicultural Rights Section 27 Respect and preservation of the cultural differences of Canadians