1. LET’S FLY THROUGH THE CHARTER
FUNDAMENTAL FREEDOMS (Section 2)
Conscience and religion
Thought, belief, opinion, expression (including the press)
Peaceful assembly
Association

2. LET’S FLY THROUGH THE CHARTER
DEMOCRATIC RIGHTS (Section 3-5)
Right to vote in elections or be qualified for membership in legislatures (run for office)
5 year max between elections
War-time government
MOBILITY RIGHTS (Section 6)
Right to enter, remain in, and leave Canada
Right to move & pursue a livelihood in any province

3. LET’S FLY THROUGH THE CHARTER
LEGAL RIGHTS (Section 7-14)….a whole bunch!!!
Life, liberty, security of person (what about jail??)
Security against unreasonable search & seizure
No arbitrary detention or imprisonment
Informed for reason of arrest
Retain Counsel
Trial within reasonable time
Presumed innocent
No self-incrimination
No cruel and unusual punishment

4. LET’S FLY THROUGH THE CHARTER
EQUALITY RIGHTS (Section 15)
Equal treatment before the law
Protects against discrimination based on: race, national or ethnic origin, colour, religion, sex, age, or mental or physical disabilities
Affirmative action programs

5. LET’S FLY THROUGH THE CHARTER
LANGUAGE RIGHTS (Section 16-23)
English & French are the official languages of the federal government and have equal status
New Brunswick only bi-lingual province
Right for public to be communicated to in preferred language
Right for public to receive primary & secondary education in either language

6. LET’S FLY THROUGH THE CHARTER
Section 24
24. (1) Anyone whose rights or freedoms, as guaranteed by this 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.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute

7. SECTION 1: REASONABLE LIMITS
The rights and freedoms of the Charter can be violated if the violation is reasonable and justifiable
The Oakes Test – The Supreme Court test for determining whether a violation is reasonable and justifiable
1 – Has a law been broken??
2 – Were Charter rights or freedoms infringed??
If this is the case, we now move to something called
the OAKES TEST!!!

8. OAKES TEST
SUFFICENT IMPORTANCE 1) The government must show that its objective is sufficiently important to warrant a violation of a right or freedom PROPORTIONALITY 2) Rational Connection – It must be necessary to achieve the goal 3) Minimal Impairment – The government didn’t go overboard in achieving the goal) 4) Detriments vs. Benefits – The solution must not be worse than the problem IT’S A TOUGH SYSTEM…..EVEN SUPREME COURT MEMBERS DISAGREE….

9. And then there is…
Section 33…..what the hell Trudeau?

10. Fundamental Freedoms
Section 2 a. Freedom of Conscience and Religion: R. v. Big M Drug Mart
Section 2 b. Freedom of thought, belief, opinion and expression: R. v. Butler
Sections 2 c and 2 d: Association and Assembly: