The Canadian Charter of Rights and Freedoms Balancing

The Canadian Charter of Rights and Freedoms Balancing Rights and Responsibilities

History of the Charter l l The Charter replaced the older Bill of Rights The Charter of Rights and Freedoms was part of the Constitution Act of 1982

What it is l l l The Charter is more than a law and can’t be changed without changing the Constitution It has 34 clauses that outline the rights all Canadians have These rights are protected even against the power of the government

Your fundamental freedoms l l Freedom of expression Freedom of religion Freedom of association Freedom of peaceful association

Your democratic rights l Citizens have the right to vote in elections and to be candidates in elections

Your legal rights l l l The right to life, liberty and security of the person The right not to be imprisoned or detained without good cause The right to be informed of the reason for arrest The right to a lawyer The right to be presumed innocent until proven guilty The right not to be subjected to cruel or unusual punishment

Equality rights l Everyone is equal before the law regardless of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability

Official languages l Canadians have the right to use French or English when dealing with the government and courts

Challenges to the Charter l l Democracy must be flexible so what, exactly, the Charter means in practice has been challenged in court An example is the concept of freedom of expression: where are the limits?