Canada's Charter of Rights

CANADIAN CHARTER OF RIGHTS AND FREEDOMS




Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms


Rights and freedoms in Canada


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.


Fundamental Freedoms


Fundamental freedoms


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.

Democratic Rights


Democratic rights of citizens


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.


Maximum duration of legislative bodies


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 of a general election of its members.⁽⁸¹⁾

Continuation in special circumstances

(2) In time of
real or apprehended war, invasion or insurrection, a House of Commons
may be continued by Parliament and a legislative assembly may be
continued by the legislature beyond five years if such continuation is
not opposed by the votes of more than one-third of the members of the
House of Commons or the legislative assembly, as the case may be.⁽⁸²⁾


Annual sitting of legislative bodies


5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.⁽⁸³⁾


Mobility Rights


Mobility of citizens

6.
(1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood

(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.

Limitation

(3) The rights specified in subsection (2) are subject to


(a) any laws or practices of general
application in force in a province other than those that discriminate
among persons primarily on the basis of province of present or previous
residence; and


(b) any laws providing for reasonable
residency requirements as a qualification for the receipt of publicly
provided social services.

Affirmative action programs

(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.


Legal Rights


Life, liberty and security of person


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.


Search or seizure


8.
Everyone has the right to be secure against unreasonable search or seizure.


Detention or imprisonment


9.
Everyone has the right not to be arbitrarily detained or imprisoned.


Arrest or detention


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.

Proceedings in criminal and penal matters


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;


(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;


(d) to be presumed innocent until proven
guilty according to law in a fair and public hearing by an independent
and impartial tribunal;


(e) not to be denied reasonable bail without just cause;


(f) except in the case of an offence under
military law tried before a military tribunal, to the benefit of trial
by jury where the maximum punishment for the offence is imprisonment for
five years or a more severe punishment;


(g) not to be found guilty on account of any
act or omission unless, at the time of the act or omission, it
constituted an offence under Canadian or international law or was
criminal according to the general principles of law recognized by the
community of nations;


(h) if finally acquitted of the offence, not
to be tried for it again and, if finally found guilty and punished for
the offence, not to be tried or punished for it again; and


(i) if found guilty of the offence and if
the punishment for the offence has been varied between the time of
commission and the time of sentencing, to the benefit of the lesser
punishment.

Treatment or punishment


12.
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.


Self-crimination


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.


Interpreter


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.



Equality Rights


Equality before and under law and equal protection and benefit of law


15.
(1) Every individual is equal before and under the law and has
the right to the equal protection and equal benefit of the law without
discrimination and, in particular, without discrimination based on race,
national or ethnic origin, colour, religion, sex, age or mental or
physical disability.


Affirmative action programs

(2) Subsection
(1) does not preclude any law, program or activity that has as its
object the amelioration of conditions of disadvantaged individuals or
groups including those that are disadvantaged because of race, national
or ethnic origin, colour, religion, sex, age or mental or physical
disability.⁽⁸⁴⁾