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The Canadian Charter of Rights and Freedoms. The Charter…… defines the relationship between people, organizations and companies and the government defines.

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Presentation on theme: "The Canadian Charter of Rights and Freedoms. The Charter…… defines the relationship between people, organizations and companies and the government defines."— Presentation transcript:

1 The Canadian Charter of Rights and Freedoms

2 The Charter…… defines the relationship between people, organizations and companies and the government defines the relationship between people, organizations and companies and the government has 34 sections has 34 sections Includes the legislative executive and administrative branches of govt as well as Crown corporations, banks and other institutions regulated by the federal government Includes the legislative executive and administrative branches of govt as well as Crown corporations, banks and other institutions regulated by the federal government

3 The Charter….. Is enforced by the Supreme Court 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 Allows people who believe their rights and been infringed or violated by Government to challenge the government in Court

4 The Supreme Court asks three main questions when considering a Charter case….. Was the right violated by the government? Was the right violated by the government? Is the right covered by the Charter? Is the right covered by the Charter? Is the violation or infringement within a reasonable limit? Is the violation or infringement within a reasonable limit?

5 What is a “reasonable limit”?? There are four criteria: There are four criteria: Must be important enough to justify overriding a constitutionally protected right Must be important enough to justify overriding a constitutionally protected right Must be reasonably and logically connected to the objective for which it was enacted Must be reasonably and logically connected to the objective for which it was enacted The right must be limited as little as possible The right must be limited as little as possible The more severe the limitation, the more important the objective must be The more severe the limitation, the more important the objective must be

6 THE FUNDAMENTAL FREEDOMS

7 Freedom of Conscience and Religion Section 2(a) 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. 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.

8 Freedom of Thought and Expression Section 2(b) 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. 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. Regarded as one of the key freedoms in a democracy.

9 Freedom of Peaceful Assembly and Association Section 2(c) Section 2(c) Freedom to assemble for peaceful purposes such as demonstrating against a government action or in support of a cause Freedom to assemble for peaceful purposes such as demonstrating against a government action or in support of a cause Abilty to connect with other people or groups such as unions, political parties, cultural groups, educational organizations or sporting groups Abilty to connect with other people or groups such as unions, political parties, cultural groups, educational organizations or sporting groups

10 Democratic and Mobility Rights

11 Democratic Rights Sections 3,4 and 5 of the Charter guarantee democratic government Sections 3,4 and 5 of the Charter guarantee democratic government Section 3—the right to vote (subject to reasonable restrictions) Section 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 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 Section 5—governments must hold at least one session per year

12 Mobility Rights Section 6 of the Charter protects the right of citizens to move in and out of the country and between provinces Section 6 of the Charter protects the right of citizens to move in and out of the country and between provinces Section 6(1)—Extradition—accused persons can be sent to countries to face trial (Except if they face death penalty) Section 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 Some restrictions/differences are allowed—ex: social services programs require a minimum time of residency

13 Legal and Equality Rights Sections 7-11 of the Charter cover areas of criminal law: investigating a crime, procedural fairness, use of evidence, etc Sections 7-11 of the Charter cover areas of criminal law: investigating a crime, procedural fairness, use of evidence, etc

14 Life, Liberty and Security of Person Section 7 Section 7 Every person has the right to life, liberty and security of the person and cannot be deprived of these rights Every person has the right to life, liberty and security of the person and cannot be deprived of these rights Controversial in terms of abortion rights, assisted suicide Controversial in terms of abortion rights, assisted suicide

15 Unreasonable Search and Seizure The police must have a good reason for searching the person, home or belongings of an accused The police must have a good reason for searching the person, home or belongings of an accused The search must be conducted fairly The search must be conducted fairly

16 People cannot be held for questioning, arrested or kept in jail without good reason People cannot be held for questioning, arrested or kept in jail without good reason Arbitrary Detention or Imprisonment

17 Rights While Under Arrest or Detention Section 11 Section 11 Sets out important rules that protect anyone charged with an offence Sets out important rules that protect anyone charged with an offence Presumed innocent until proven guilty Presumed innocent until proven guilty Trial conducted fairly Trial conducted fairly Right not to be denied bail Right not to be denied bail Right to trial by jury for serious charges Right to trial by jury for serious charges

18 Cruel and Unusual Punishment Section 12 Section 12 Governments cannot treat or punish individuals in an unnecessarily harsh fashion Governments cannot treat or punish individuals in an unnecessarily harsh fashion Some controversy over what this means Some controversy over what this means Supeme Court considers: gravity of the offense, personal characteristics of offender, circumstances of case Supeme Court considers: gravity of the offense, personal characteristics of offender, circumstances of case

19 Right of Witnesses in Court Guarantees that testimony cannot be used against you. Guarantees that testimony cannot be used against you. Also guarantees the right of an interpreter if necessary Also guarantees the right of an interpreter if necessary

20 Equality Rights Section 15 Section 15 Every individual is considered equal and government cannot discriminate in its laws or programs Every individual is considered equal and government cannot discriminate in its laws or programs

21 Section 15 There are three basic parts: There are three basic parts: Every citizen is equal under the law Every citizen is equal under the law Every citizen has the right to equal protection and benefit of the law Every citizen has the right to equal protection and benefit of the law These rights are to applied equally and without discrimination These rights are to applied equally and without discrimination

22 The government is allowed to set up programs which improve conditions for disadvantaged groups even though they are discriminatory to the minority—eg: handicapped parking! The government is allowed to set up programs which improve conditions for disadvantaged groups even though they are discriminatory to the minority—eg: handicapped parking!

23 Language and General Rights

24 Language Rights Section 16-22 Section 16-22 English or French can be used in Parliament English or French can be used in Parliament Laws, govt publications etc must be in both languages Laws, govt publications etc must be in both languages Federal offices must be bilingual Federal offices must be bilingual Either language can be used in court Either language can be used in court Equal status of both languages in NB recognized Equal status of both languages in NB recognized

25 Language Education Rights In the nine English provinces parents have the right to have their children educated in French if: In the nine English provinces parents have the right to have their children educated in French if: 1)Their first language is French OR 1)Their first language is French OR 2)They received their own primary (k-2) schooling in French OR 2)They received their own primary (k-2) schooling in French OR 3)They have another child already in French education 3)They have another child already in French education This is opposite in Quebec—except #1 does not apply This is opposite in Quebec—except #1 does not apply

26 Aboriginal Rights Section 25 Section 25 Protects the culture, customs, traditions, languages and other rights or freedoms of aboriginal peoples Protects the culture, customs, traditions, languages and other rights or freedoms of aboriginal peoples

27 Multicultural Rights Section 27 Section 27 Respect and preservation of the cultural differences of Canadians Respect and preservation of the cultural differences of Canadians


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