Canadian Charter of Rights and Freedoms Overview

Canadian Charter of Rights and Freedoms

Fundamental rights and freedoms guaranteed in Canada.

Legislative Supremacy

Parliament's authority to make laws without judicial review.

Oakes Test

Criteria to justify infringement of rights in Canada.

Supremacy of Parliament

Parliament's ultimate authority in legislative matters.

Notwithstanding Clause

Allows Parliament to override certain Charter rights.

Utilitarianism

Ethical theory prioritizing greatest good for majority.

Kantian Ethics

Philosophy emphasizing individual rights over majority needs.

Charter Preamble

Introduces principles of God's supremacy and rule of law.

Section 1

Rights can be limited if justifiable in society.

Rights and Freedoms

Entitlements guaranteed by the Charter to individuals.

Enforcement of Rights

Legal mechanisms to uphold rights under the Charter.

Section 24(1)

Victims can seek remedy for rights violations.

Section 24(2)

Excludes evidence obtained through rights violations.

Public Forum

Spaces where individuals can express rights publicly.

Legal Rights

Rights ensuring fair treatment in legal processes.

Fundamental Freedoms

Basic freedoms including conscience, expression, and assembly.

Right to Life

Guarantees individual's right to life and security.

Unreasonable Search

Protection against arbitrary searches and seizures.

Arrest Rights

Rights upon arrest including legal counsel access.

Criminal Proceedings Rights

Rights of individuals charged with criminal offenses.

Cruel and Unusual Punishment

Prohibition against inhumane treatment or punishment.

Self-Incrimination

Protection against self-incrimination during legal proceedings.

Human Rights Act

Legislation protecting individual rights in federal workplaces.

Ontario Human Rights Code

Provincial law protecting human rights in Ontario.

Public Health Statutes

Laws governing health standards and rights in Canada.

Environmental Statutes

Laws regulating environmental protection and rights.

Judicial Review

Court's power to invalidate laws conflicting with the Charter.

Parliamentary Authority

Legislative power held by elected representatives.

Interpreter

Assists those who do not understand the proceedings.

Equality Rights

Equal treatment under law without discrimination.

Affirmative Action Programs

Programs aimed at improving conditions for disadvantaged groups.

Other Rights

Charter does not deny other existing rights.

Multicultural Heritage

Charter supports preservation of Canadian multiculturalism.

Gender Equality

Rights guaranteed equally to all genders.

Denominational Schools

Rights regarding certain schools preserved by Charter.

Territorial Application

Charter applies to Yukon and Northwest Territories.

Five Year Limitation

Infringement declarations last five years maximum.

Re-enactment

Parliament can re-enact declarations under certain conditions.

Preamble

Affirms dignity and rights of all individuals.

Freedom from Discrimination

Right to equal treatment in services and goods.

Accommodation Rights

Equal treatment in housing without discrimination.

Contract Rights

Right to contract on equal terms without discrimination.

Employment Rights

Equal treatment in employment without discrimination.

Harassment in Employment

Freedom from workplace harassment based on discrimination.

Vocational Associations

Equal treatment in trade unions and associations.

Sexual Harassment Rights

Protection from harassment based on sex in workplaces.

Sexual Solicitation

Freedom from unwelcome sexual advances in workplaces.

Reprisals

Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.

Age

An age that is 18 years or more.

Disability

Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device.

Disability (continued)

A condition of mental impairment or a developmental disability.

Equal

Subject to all requirements, qualifications and considerations that are not a prohibited ground of discrimination.

Family Status

The status of being in a parent and child relationship.

Harassment

Engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

Marital Status

The status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage.

Record of Offences

A conviction for an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect of any provincial enactment.

Spouse

The person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage.

Spouse (Family Law Act)

Either of two persons who are married to each other, or have together entered into a marriage that is voidable or void, in good faith on the part of a person relying on this clause to assert any right.

Spouse (Family Responsibility and Support Arrears Enforcement Act)

Either of two persons who live together in a conjugal relationship outside marriage.

Pregnancy

The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.

Past and Presumed Disabilities

The right to equal treatment without discrimination because of disability includes the right to equal treatment without discrimination because a person has or has had a disability or is believed to have or to have had a disability.

Constructive Discrimination

A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination.

Constructive Discrimination (reasonable requirement)

The requirement, qualification or factor is reasonable and bona fide in the circumstances.

Constructive Discrimination (undue hardship)

The Tribunal or a court shall not find that a requirement, qualification or factor is reasonable and bona fide in the circumstances unless it is satisfied that the needs of the group of which the person is a member cannot be accommodated without undue hardship on the person responsible for accommodating those needs.

Announced Intention to Discriminate

A right under Part I is infringed by a person who publishes or displays before the public any notice, sign, symbol, emblem, or other similar representation that indicates the intention of the person to infringe a right under Part I.

Special Programs

A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity.

Age Sixty-five or Over

A right under Part I to non-discrimination because of age is not infringed where an age of sixty-five years or over is a requirement, qualification or consideration for preferential treatment.

Disability (incapable of performing)

A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

Disability (undue hardship considerations)

No tribunal or court shall find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs.

Special Interest Organizations

The rights under Part I to equal treatment with respect to services and facilities are not infringed where membership or participation in a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by a prohibited ground of discrimination is restricted to persons who are similarly identified.

Separate School Rights

Rights of separate school boards under Constitution Act.

Equal Treatment by Sex

Non-discrimination in services, restricted by public decency.

Minimum Drinking Age

Legal drinking age set at nineteen years.

Tobacco Restrictions

Age limits for tobacco sales under Smoke-Free Ontario Act.

Special Employment

Employment preference for specific demographics allowed.

Reasonable Accommodation

Qualifications must not cause undue hardship.

Undue Hardship Criteria

Consider costs and safety in accommodation assessments.

Ontario Human Rights Commission

Body promoting and protecting human rights in Ontario.

Commission Composition

Members appointed by Lieutenant Governor in Council.

Chief Commissioner

Designated leader of the Ontario Human Rights Commission.

Commission Functions

Promote respect for human rights and eliminate discrimination.

Public Inquiries

Commission can conduct inquiries for public interest.

Human Rights Tribunal

Adjudicates claims of human rights violations.

Tribunal Composition

Members appointed by Lieutenant Governor in Council.

Application Timeframe

One year to apply after rights infringement.

Tribunal Powers

Determines facts and law in applications.

Monetary Compensation Order

Tribunal can award damages for rights infringements.

Restitution Order

Tribunal can mandate non-monetary remedies.

Compliance Orders

Tribunal can enforce compliance with the Act.

Penalty for Contravention

Fines up to $25,000 for violations.

Consent to Prosecution

Attorney General's consent required for prosecutions.

Acts of Officers

Acts by employees deemed acts of their organizations.

Crown Binding

Act applies to the Crown and its agencies.

Primacy of the Act

This Act prevails over conflicting regulations.

Occupational Health and Safety Act

Prevails over other Acts regarding workplace safety.