Week 1
May 7 – Introduction to the Course & to the Charter
● Charter is made up of 34 sections and outlines fundamental principles and rights
guaranteed to all Canadians (and those in Canada)
● It was designed to specifically outline the rights of Canadians (and those in Canada) and
be a guide to the judiciary in upholding these rights
● With the Constitution, the Canadian government wanted it to be a source of unity for all
Canadians and a patriotic symbol
● Main subjects:
○ Fundamental Freedoms
○ Democratic Rights
○ Mobility Rights
○ Legal Rights
○ Equality Rights
○ Official Languages of Canada & Minority Language Education
● Preamble: Whereas Canada is founded upon principles that recognize the supremacy of
God and the rule of law
○ 1. The Canadian Charter of Rights and Freedoms guarantees the rights and
freedoms set out in it subject only to such reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic society.
● 2. Everyone has the following fundamental freedoms:
○ (a) freedom of conscience and religion;
○ (b) freedom of thought, belief, opinion and expression, including freedom of the
press and other media of communication;
○ (c) freedom of peaceful assembly; and
○ (d) freedom of association
● 3-5 Democratic Rights
● 6 Mobility Rights – free movement within Canada
○ 6(4) Affirmative Action Programs
● 7-14 Legal Rights – criminal law
○ 7 Everyone has the right to life, liberty and security of the person and the right not
to be deprived thereof except in accordance with the principles of fundamental
justice
● 15 Equality Rights – equal under the law, without discrimination
○ 15(2) Affirmative Action Programs – Lovelace v. Ontario (2000) and
Cunningham v. Alberta (2011)
● 16-22 Official Languages of Canada
○ English and French declared official languages of the governments of Canada and
New Brunswick
○ 16(3) gives primacy to legislature to advance language rights
,● 23 Minority Language Educational Rights – importance of linguistic rights for national
unity
○ French-language education outside of Quebec
● 24 Enforcement
● 25-31 General – Indigenous treaty, multicultural recognition
● 32-33 Application – the Charter applies to provincial and federal governments (including
territories)
○ “Notwithstanding” clause
● 34 Citation
● Section 1
○ Guarantee of rights and freedoms in the document
○ fundamental freedoms, democratic rights
○ the right to live and seek employment anywhere in Canada
○ legal rights (life, liberty, and personal security)
○ equality rights for all
○ the official languages of Canada
○ minority language education rights
○ Canada's multicultural heritage
○ Indigenous peoples’ rights
○ Not absolute – can be limited for the protection of others or national values
○ Reasonable Limits
■ Section 1 establishes that no right is absolute
■ Individual rights must be aligned with the common good
■ Freedom of speech does not allow for slander, libel or false advertising
■ Much more important role given to courts
■ Section 1 means the courts must answer two questions:
● Does the legislation violate the Charter?
● If yes, is the violation a reasonable limit of that right?
■ R. v. Oakes (1986) – drug possession cases – individuals had to prove they
had illegal substances for personal use rather than distribution
■ Violation of right to be presumed innocent until proven guilty, but Court
had to decide if it was a reasonable limitation
■ Courts must examine the goal of the legislation, but also the means in
which those goals are attained
■ We’ll discuss this more later, but this is an important case in Canadian
history if you are interested in this topic for your Research Paper
● Section 2
○ Fundamental Freedoms
■ a) freedom of conscience and religion;
■ b) freedom of thought, belief, opinion and expression, including freedom
of the press and other media of communication;
■ c) freedom of peaceful assembly; and
, ■ d) freedom of association.
○ Basis of individual liberty and functioning democratic society
○ Freedom of thought and expression tied to assembly and communication
■ Peaceful assembly
○ Expression is not only opinion but cultural expression, including economic
activity
○ Again, limits exist
● Sections 3-5
○ Democratic Rights
○ 3. Every citizen of Canada has the right to vote in an election of members of the
House of Commons or of a legislative assembly and to be qualified for
membership therein.
■ Right to vote and stand for office
■ Some limits, like age requirement
■ Incarcerated Canadians allowed to vote
○ 4. (1) No House of Commons and no legislative assembly shall continue for
longer than five years from the date fixed for the return of the writs at a general
election of its members.
■ Only in circumstances like war or emergencies can the legislator stand for
over 5 years (state of exception)
○ 5. There shall be a sitting of Parliament and of each legislature at least once every
twelve months.
■ The government must explain its actions to the people
● Section 6
○ Mobility Rights
■ 6. (1) Every citizen of Canada has the right to enter, remain in and leave
Canada.
■ (2) Every citizen of Canada and every person who has the status of a
permanent resident of Canada has the right:
● a) to move to and take up residence in any province; and
● b) to pursue the gaining of a livelihood in any province.
○ Fundamental for an integrated market economy
○ Includes limitation and affirmative action program
■ Extradition laws ought to be followed
■ Social benefits to residents
■ Provinces can create programs favouring residents
● Affirmative Action or Employment Equity
○ (4) Subsections (2) and (3) do not preclude any law, program or activity that has
as its object the amelioration in a province of conditions of individuals in that
province who are socially or economically disadvantaged if the rate of
employment in that province is below the rate of employment in Canada
● Sections 7-14
, ○ Legal Rights
■ Criminal justice system
■ Fair treatment when dealing with the criminal justice system (police,
courts)
○ 7. Everyone has the right to life, liberty and security of the person and the right
not to be deprived thereof except in accordance with the principles of fundamental
justice.
○ 8. Everyone has the right to be secure against unreasonable search or seizure.
■ Reasonable expectation of privacy (in your home)
■ Police must carry out their duties in a fair and reasonable way (search
warrants, clear legal reason)
○ 9. Everyone has the right not to be arbitrarily detained or imprisoned.
■ Police must have reasonable grounds for detention
■ Exceptions, like stopping cars for breath tests
○ 10. Everyone has the right on arrest or detention:
■ a) to be informed promptly of the reasons therefor;
■ b) to retain and instruct counsel without delay and to be informed of that
right; and
■ c) to have the validity of the detention determined by way of habeas
corpus and to be released if the detention is not lawful.
■ People can challenge unlawful arrest
■ People are told their rights under arrest, like right to legal aids
○ 11. Any person charged with an offence has the right:
■ a) to be informed without unreasonable delay of the specific offence;
■ b) to be tried within a reasonable time; etc…
■ Basis of these sections is the principle that people are innocent until
proven guilty
■ Criminal justice system must follow principles that reasonable govern
detainment and
■ possible imprisonment of citizens
○ 12. Everyone has the right not to be subjected to any cruel and unusual treatment
or punishment.
■ Prohibits torture and abuse
■ Connection between seriousness of crime and punishment
○ 13. A witness who testifies in any proceedings has the right not to have any
incriminating evidence so given used to incriminate that witness in any other
proceedings, except in a prosecution for perjury or for the giving of contradictory
evidence.
■ Protecting witnesses and ensuring system is clear
○ 14. A party or witness in any proceedings who does not understand or speak the
language in which the proceedings are conducted or who is deaf has the right to
the assistance of an interpreter.
■ Important for Canada’s multilingual society and bi-lingual protections
● Section 15
○ Equality Rights
May 7 – Introduction to the Course & to the Charter
● Charter is made up of 34 sections and outlines fundamental principles and rights
guaranteed to all Canadians (and those in Canada)
● It was designed to specifically outline the rights of Canadians (and those in Canada) and
be a guide to the judiciary in upholding these rights
● With the Constitution, the Canadian government wanted it to be a source of unity for all
Canadians and a patriotic symbol
● Main subjects:
○ Fundamental Freedoms
○ Democratic Rights
○ Mobility Rights
○ Legal Rights
○ Equality Rights
○ Official Languages of Canada & Minority Language Education
● Preamble: Whereas Canada is founded upon principles that recognize the supremacy of
God and the rule of law
○ 1. The Canadian Charter of Rights and Freedoms guarantees the rights and
freedoms set out in it subject only to such reasonable limits prescribed by law as
can be demonstrably justified in a free and democratic society.
● 2. Everyone has the following fundamental freedoms:
○ (a) freedom of conscience and religion;
○ (b) freedom of thought, belief, opinion and expression, including freedom of the
press and other media of communication;
○ (c) freedom of peaceful assembly; and
○ (d) freedom of association
● 3-5 Democratic Rights
● 6 Mobility Rights – free movement within Canada
○ 6(4) Affirmative Action Programs
● 7-14 Legal Rights – criminal law
○ 7 Everyone has the right to life, liberty and security of the person and the right not
to be deprived thereof except in accordance with the principles of fundamental
justice
● 15 Equality Rights – equal under the law, without discrimination
○ 15(2) Affirmative Action Programs – Lovelace v. Ontario (2000) and
Cunningham v. Alberta (2011)
● 16-22 Official Languages of Canada
○ English and French declared official languages of the governments of Canada and
New Brunswick
○ 16(3) gives primacy to legislature to advance language rights
,● 23 Minority Language Educational Rights – importance of linguistic rights for national
unity
○ French-language education outside of Quebec
● 24 Enforcement
● 25-31 General – Indigenous treaty, multicultural recognition
● 32-33 Application – the Charter applies to provincial and federal governments (including
territories)
○ “Notwithstanding” clause
● 34 Citation
● Section 1
○ Guarantee of rights and freedoms in the document
○ fundamental freedoms, democratic rights
○ the right to live and seek employment anywhere in Canada
○ legal rights (life, liberty, and personal security)
○ equality rights for all
○ the official languages of Canada
○ minority language education rights
○ Canada's multicultural heritage
○ Indigenous peoples’ rights
○ Not absolute – can be limited for the protection of others or national values
○ Reasonable Limits
■ Section 1 establishes that no right is absolute
■ Individual rights must be aligned with the common good
■ Freedom of speech does not allow for slander, libel or false advertising
■ Much more important role given to courts
■ Section 1 means the courts must answer two questions:
● Does the legislation violate the Charter?
● If yes, is the violation a reasonable limit of that right?
■ R. v. Oakes (1986) – drug possession cases – individuals had to prove they
had illegal substances for personal use rather than distribution
■ Violation of right to be presumed innocent until proven guilty, but Court
had to decide if it was a reasonable limitation
■ Courts must examine the goal of the legislation, but also the means in
which those goals are attained
■ We’ll discuss this more later, but this is an important case in Canadian
history if you are interested in this topic for your Research Paper
● Section 2
○ Fundamental Freedoms
■ a) freedom of conscience and religion;
■ b) freedom of thought, belief, opinion and expression, including freedom
of the press and other media of communication;
■ c) freedom of peaceful assembly; and
, ■ d) freedom of association.
○ Basis of individual liberty and functioning democratic society
○ Freedom of thought and expression tied to assembly and communication
■ Peaceful assembly
○ Expression is not only opinion but cultural expression, including economic
activity
○ Again, limits exist
● Sections 3-5
○ Democratic Rights
○ 3. Every citizen of Canada has the right to vote in an election of members of the
House of Commons or of a legislative assembly and to be qualified for
membership therein.
■ Right to vote and stand for office
■ Some limits, like age requirement
■ Incarcerated Canadians allowed to vote
○ 4. (1) No House of Commons and no legislative assembly shall continue for
longer than five years from the date fixed for the return of the writs at a general
election of its members.
■ Only in circumstances like war or emergencies can the legislator stand for
over 5 years (state of exception)
○ 5. There shall be a sitting of Parliament and of each legislature at least once every
twelve months.
■ The government must explain its actions to the people
● Section 6
○ Mobility Rights
■ 6. (1) Every citizen of Canada has the right to enter, remain in and leave
Canada.
■ (2) Every citizen of Canada and every person who has the status of a
permanent resident of Canada has the right:
● a) to move to and take up residence in any province; and
● b) to pursue the gaining of a livelihood in any province.
○ Fundamental for an integrated market economy
○ Includes limitation and affirmative action program
■ Extradition laws ought to be followed
■ Social benefits to residents
■ Provinces can create programs favouring residents
● Affirmative Action or Employment Equity
○ (4) Subsections (2) and (3) do not preclude any law, program or activity that has
as its object the amelioration in a province of conditions of individuals in that
province who are socially or economically disadvantaged if the rate of
employment in that province is below the rate of employment in Canada
● Sections 7-14
, ○ Legal Rights
■ Criminal justice system
■ Fair treatment when dealing with the criminal justice system (police,
courts)
○ 7. Everyone has the right to life, liberty and security of the person and the right
not to be deprived thereof except in accordance with the principles of fundamental
justice.
○ 8. Everyone has the right to be secure against unreasonable search or seizure.
■ Reasonable expectation of privacy (in your home)
■ Police must carry out their duties in a fair and reasonable way (search
warrants, clear legal reason)
○ 9. Everyone has the right not to be arbitrarily detained or imprisoned.
■ Police must have reasonable grounds for detention
■ Exceptions, like stopping cars for breath tests
○ 10. Everyone has the right on arrest or detention:
■ a) to be informed promptly of the reasons therefor;
■ b) to retain and instruct counsel without delay and to be informed of that
right; and
■ c) to have the validity of the detention determined by way of habeas
corpus and to be released if the detention is not lawful.
■ People can challenge unlawful arrest
■ People are told their rights under arrest, like right to legal aids
○ 11. Any person charged with an offence has the right:
■ a) to be informed without unreasonable delay of the specific offence;
■ b) to be tried within a reasonable time; etc…
■ Basis of these sections is the principle that people are innocent until
proven guilty
■ Criminal justice system must follow principles that reasonable govern
detainment and
■ possible imprisonment of citizens
○ 12. Everyone has the right not to be subjected to any cruel and unusual treatment
or punishment.
■ Prohibits torture and abuse
■ Connection between seriousness of crime and punishment
○ 13. A witness who testifies in any proceedings has the right not to have any
incriminating evidence so given used to incriminate that witness in any other
proceedings, except in a prosecution for perjury or for the giving of contradictory
evidence.
■ Protecting witnesses and ensuring system is clear
○ 14. A party or witness in any proceedings who does not understand or speak the
language in which the proceedings are conducted or who is deaf has the right to
the assistance of an interpreter.
■ Important for Canada’s multilingual society and bi-lingual protections
● Section 15
○ Equality Rights
