Canadian Charter Of Rights Canadian Charter Of Rights and Freedomsand Freedoms

Chapter 4Chapter 4

Rights and FreedomsRights and Freedoms A A rightright is a legal, moral or social entitlement that is a legal, moral or social entitlement that

citizens can expect, mainly from the government. citizens can expect, mainly from the government. (right to a fair trial)(right to a fair trial)

FreedomFreedom, although limited, means the right to , although limited, means the right to conduct one’s affairs without government conduct one’s affairs without government interference. (limited by the need for public safety interference. (limited by the need for public safety and the protection of other people’s rights)and the protection of other people’s rights)

Inalienable RightsInalienable Rights are guaranteed entitlements are guaranteed entitlements that cannot be transferred from one person to that cannot be transferred from one person to another, and cannot be taken away without due another, and cannot be taken away without due process of law. (equality, liberty)process of law. (equality, liberty)

FranchiseFranchise, the right to vote (especially for women), , the right to vote (especially for women), is an important inalienable right.is an important inalienable right.

Canadian Bill Of RightsCanadian Bill Of Rights Passed in parliament in 1960, it recognized…Passed in parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, 1. The rights of individuals to life, liberty,

personal security and enjoyment of property.personal security and enjoyment of property. 2. Freedom of religion, speech, assembly and 2. Freedom of religion, speech, assembly and

association.association. 3. Freedom of the press.3. Freedom of the press. 4. The right to counsel and the right to a fair 4. The right to counsel and the right to a fair

hearing.hearing. As a Federal statue it only applied to federal As a Federal statue it only applied to federal

matters, as a statute it was the same as any matters, as a statute it was the same as any other, leaving it open to interpretation and other, leaving it open to interpretation and finally, as a statute it could be amended by the finally, as a statute it could be amended by the House of Commons.House of Commons.

Canadian Charter of Rights and Canadian Charter of Rights and FreedomsFreedoms

To solve the problems with our bill of rights it had to To solve the problems with our bill of rights it had to be be entrenchedentrenched, that is, to protect and guarantee a , that is, to protect and guarantee a right or freedom by ensuring that it can only be right or freedom by ensuring that it can only be changed by an amendment to the constitution.changed by an amendment to the constitution.

The Charter became part of our constitution in 1981, The Charter became part of our constitution in 1981, which means they override all other laws.which means they override all other laws.

The The notwithstanding clausenotwithstanding clause, s.33 of the Charter, , s.33 of the Charter, allows federal and provincial governments to pass allows federal and provincial governments to pass legislation that is exempt from s.2 (the fundamental legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in legislation that violates one of the protected rights in the charter, it must identify the particular law and the the charter, it must identify the particular law and the sections of the charter that are being overriddensections of the charter that are being overridden..

Fundamental FreedomsFundamental Freedoms

Freedom of Conscience and religionFreedom of Conscience and religion

Freedom of thought and expressionFreedom of thought and expression

Freedom of peaceful assembly and Freedom of peaceful assembly and associationassociation

Other Important RightsOther Important Rights

Democratic RightsDemocratic RightsMobility RightsMobility RightsLegal rights which include…..Legal rights which include…..- life, liberty and security of the personlife, liberty and security of the person- Unreasonable search and seizureUnreasonable search and seizure- Arbitrary detention or imprisonmentArbitrary detention or imprisonment- Cruel and unusual punishmentCruel and unusual punishment