The Canadian Charter of Rights & Freedoms

1. A Brief Overview The CanadianCharter of Rights & Freedoms

2. Our Rights and Freedoms • Charter of Rights & Freedoms • Sections of the Charter • Reasonable Limits Clause • Notwithstanding Clause Canada is often considered to be one of the best countries in the world in which to live. One reason for this is that Canada places a high value on civil rights and freedoms and on human rights. Canadians can feel secure in almost all areas of their lives, and are free because laws are passed and enforced to protect their rights and freedoms. In fact, many countries look toward Canada as an example of what a free society can look like and become.

3. The Charter of Rights & Freedoms • Canadians are fortunate to live in a society where our rights and freedoms are guaranteed under the Constitution. • rights: what you are entitled to • freedoms: what you are entitled to expect from the government • Although our rights and freedoms are guaranteed in the Constitution, they are not defined. • It is up to the courts to determine the meaning of the words found in the Charter. • Example: You are protected against unreasonable search and seizure, but what does this actually mean?

4. Sections of the Charter The Canadian Charter of Rights and Freedoms guarantees the following rights and freedoms... • Fundamental Freedoms • Democratic Rights • Mobility Rights • Legal Rights • Equality Rights • Official Languages • Aboriginal Rights and Freedoms • Multicultural and Heritage Rights

5. Fundamental Freedoms(Section 2) • Includes the basic freedoms of all people in Canada. • Includes: • freedom of conscience and religion • freedom of thought, belief, opinion, and expression • freedom of peaceful assembly • freedom of association

6. Democratic Rights(Sections 3, 4, & 5) • Gives all Canadian citizens the right to vote. • Ensures that an election is held every 5 years. • These rights cannot be taken away under any circumstance.

7. Mobility(Section 6) • Guarantees your right to move freely inside (between provinces) and outside of Canada. • Canadians have the right to enter, leave, or remain in Canada.

8. Legal Rights(Sections 7 to 14) • Protects personal and privacy rights, and provides safeguard procedural rights in the criminal justice system. • Includes: • the right to life, liberty, and security of person • the right to be secure against unreasonable search and seizure • the right not to be arbitrarily detained or imprisoned • the right to be told what offense someone is charged with • the right to be tried within a reasonable time • the right no to testify (in their own case) • the right not to be denial reasonable bail without good reason • the outlaw of cruel and unusual punishment • the right to protect against self-incrimination • the right to an interpreter • the right to a trial by jury

9. Equality Rights(Section 15) • Everyone is equal before and under the law. • Protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, mental or physical disability, citizenship, marital status, or sexual orientation. • All challenges must pass this three-part test: • Is the government or law treating you differently? • Does Section 15 apply? • Does the differential treatment violate your dignity? • Note: “Affirmative action” programs or laws are not considered to be against the Charter of Rights and Freedoms, even though they may result in differential treatment.

10. Language Rights(Section 16 to 22) • Establishes Canada’s official languages as English and French. • Provides that both languages have equal importance in Parliament and all of Canada’s institutions.

11. Aboriginal Rights and Freedoms(Section 25) • Guarantees existing rights of Aboriginal peoples. • Rights and Freedoms under the Charter cannot interfere with any Aboriginal Rights, treaty rights, etc.

12. Multicultural and Heritage Rights(Section 27) • This section directs governments and the courts to consider Canada’s multicultural background when making and interpreting laws. • This acknowledges that Canadians come from many ethnic backgrounds and have specific identities and needs.

13. Reasonable Limits Clause • Your rights and freedoms are not absolute; they can be subject to “reasonable limits,” if justified. • Problem: What is the definition of “reasonable”? • It is up to the courts to interpret what reasonable limits can be applied.

14. Notwithstanding Clause • Allows governments to enact legislation (laws) that contradict/violate our rights and freedoms. • When used, laws that are created notwithstanding (in spite of) the Charter must be reviewed every 5 years. • Used rarely by governments.

15. R. v. KeegstraCase • 1. Read or re-read the case individually and respond to the following questions: • a) What rights and/or freedoms were violated? • b) What limitations did the Crown try to place on Keegstra’s rights and freedoms? • 3. Discuss your answers with a partner • 4. Class discussion

16. Discussion Questions • Should the Holocaust be part of the school curriculum? Why or why not? • What significance or what message does the Supreme Court’s ruling in this case send to Canadian society?

17. Draw Da Law