charter of rights and freedom

Reasonable Limits Clause (Section 1)

A rule that says rights can be limited if the limit is reasonable and can be clearly justified in a free and democratic society.

Rights and Freedoms

Basic protections every person in Canada has, such as freedom of expression, the right to vote, equality rights, and legal rights.

Burden of Proof

The rule that the party making a claim must prove it. * In criminal cases, the Crown must prove guilt beyond a reasonable doubt. * In civil cases, the plaintiff must prove something is true on the balance of probabilities.

Notwithstanding Clause

A part of the Charter that lets governments temporarily override certain rights (Sections 2 and 7

15) for up to 5 years, if they say so clearly in a law.

Fundamental Freedoms (Section 2)

Freedoms every person in Canada has: * Freedom of religion * Freedom of expression * Freedom of peaceful assembly * Freedom of association

Democratic Rights (Sections 3

5)

Rights that protect democracy: * The right to vote at age 18 * The right to run for office * Elections must be held at least every 5 years * Parliament must meet at least once every 12 months

Entrenched

Protected in the Constitution, meaning it cannot be easily changed by the government.

Mobility Rights (Section 6)

Rights that allow Canadians to move, live, and work anywhere in Canada, and to enter or leave the country.

Legal Rights (Sections 7

14)

Rights that protect people in the justice system, including: life, liberty, security, fair trials, protection against unreasonable search, unlawful detention, and cruel punishment.

Remedy

A court’s solution when someone’s rights are violated (example: throwing out evidence, stopping a trial, ordering a government to change a law).

Life, Liberty, and Security of the Person

The right to be safe, make important personal decisions, and not be harmed by the government without good reason.

Detention

When police legally stop you and you are not free to leave.

Arrest

When police formally take you into custody and lay charges.

Stay of Proceedings

A court order that stops a trial, usually because continuing it would be unfair or violate the accused’s rights.

Self-Incrimination

The right to not be forced to give evidence that could be used against yourself.

Equality Rights (Section 15)

Rights that guarantee everyone is treated equally and not discriminated against based on things like race, sex, age, or disability.

Official Languages of Canada (Sections 16

22)

English and French have equal legal status in Canada. People can receive federal services in either language.

Minority Language Educational Rights (Section 23)

The right for French- or English-speaking minorities in each province to have their children educated in their own language.

Indigenous Rights (Section 25 and Section 35)

These sections protect Indigenous peoples’ existing rights, including treaty rights, culture, and traditional practices.

Strike Down

When a court removes a law because it violates the Charter.

Read Down

When a court keeps a law but limits how it can be applied so it does not violate the Charter.

Read In

When a court adds wording to a law to make it Charter-compliant instead of removing the law entirely.

Infringed

When a right or freedom is violated.

Judicial Activism

When courts take an active role in shaping laws and policies by interpreting the Charter broadly.