The Charter of Rights and Freedoms is entrenched in the Constitution. The Charter protects citizens from the government. The Charter of Rights and Freedoms is entrenched in the Constitution. The Charter protects citizens from the government.
Mostafa Azizi, Toronto-based filmmaker, held in Iranian prison Charged with insulting Iran's supreme leader
A Moroccan teen committed suicide after being forced to marry her rapist.
Rights and Freedoms under the Charter 1. Fundamental Freedoms (Section 2) 2. Democratic Rights (Sections 3-5) 3. Mobility Rights (Section 6) 4. Legal Rights (Sections 7-17) 5. Equality Rights (Section 15) 6. Language Rights (Sections 16 -23)
Fundamental Freedoms (Section 2) 1. Conscience and religion
2. Thought, belief, opinion, and expression (including freedom of the press) Re-education in China 3min No Trial http://www.youtube.com/watch?v=jJVs6SHZLgc&feature=PlayList&p=AF5C65C056BC63A3&index=31
3. No more than five years may elapse between general elections
4. “In time of real or apprehended war, invasion, or insurrection,” a two-thirds vote can continue the life of the House of Commons beyond five years
5. Legislature must have a sitting at least once every twelve-month period
Mobility Rights (Section 6) 1. Every citizen has the right to enter, remain in, and leave Canada 2. Every citizen (who has permanent residence) has the right to move to and pursue a livelihood in any province
Legal Rights (Sections 7-14) 1. The right to life, liberty, and security of person (except when the deprivation of these rights is done in accordance with the principles of fundamental justice) Midnight Express http://www.youtube.com/watch?v=Cv53d3bZvJg&p=944EE953323C4E13&playnext=1&index=28
2. Security against unreasonable search and seizureunreasonable search and seizure
You can refuse a search without a warrant warrant
What if you have a party? Can the police search the house? Can the police search the house?police search police search
9. No cruel and unusual punishmentunusual punishment " During the last year of her life Ashley was shipped across four provinces and between eight institutions... all the while in segregation. "Her location changed, but the callous treatment of her most basic needs did not. When she asked for help, she was ignored. "
Equality Rights (Section 15) Free from discrimination including:discrimination 1. Equal treatment before and under the law
2. Equal benefit and protection of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability (or on any grounds that is analogous)
3. Subsection (2) explicitly states that section 15 does not preclude affirmative action programs that has as their object the amelioration of conditions of disadvantaged individuals or groups
Language Rights (Sections 16-23) English and French are the official languages of the federal government The right of the public to communicate with the Gov’t in French or English The right to French or English Education
Section 32 The Charter only applies to the relations between government and persons.
The Charter also does not apply to relations between private individuals, such as relations between employee and employer or husband and wife.
Human rights codes and the common law regulate these relationships.
Section 24 Evidence collected through a violation of Charter Rights will be disallowed if it brings the administration of justice into disrepute Evidence collected through a violation of Charter Rights will be disallowed if it brings the administration of justice into disrepute
Section 33 Gives the Government the temporary authority to override sections 2 and 7 – 15 of the charter. Bill 101 & Ford v. Quebec
Section 1 Section 1 states that the rights and freedoms guaranteed by the Charter may be subject to “reasonable limits” that can be “demonstrably justified in a free and democratic society.”
In other words, the rights and freedoms under the Charter can be violated if the violation is reasonable and justifiable.
The Supreme Court of Canada created the Oakes test for determining whether a violation is reasonable and justifiable.
1. Sufficient Importance The government must show that its objective is sufficiently important to warrant a violation of a right or freedom Alcohol suspected in high- speed crash that killed 3
Proportionality The government must prove that the violation of the right or freedom is proportionate to its objective.
Parliament proposes a curfew for women to prevent sexual assaults `But it's the men who are attacking the women. If there's to be a curfew, let the men stay home, not the women.' " - Golda Meir (Israeli Prime Minister 1948)
2. Rational Connection The violation must be rationally connected to the objective (it must be necessary to achieve the government’s objective) Taking away an inmates right to vote could not be seen as a rational connection
3. Minimal Impairment The violation must minimally impair the right or freedom (the government did not go overboard in achieving its objective) R.I.D.E. is a very brief stop
4. The more severe the rights limitation the more important the objective must be Terrorism vs
Detriments versus Benefits The detriments of the violation must not outweigh its benefits (the solution must not be worse than the problem) Most Canadian ant-terror laws were quashed because the infringements on legal rights were far worse than any benefits made to prevent terrorism.