Canadian Charter of Rights and Freedoms

Constitution Act (1867)

Established Canada as a new country with provinces.

Bill of Rights (1960)

Protected freedom of speech and religion in Canada.

Constitution Act of 1982

Included the Charter of Rights and Freedoms.

Charter of Rights and Freedoms

Part of Canada's Constitution, effective since 1982.

Constitution

Framework of laws governing Canada, highest law.

Right

Common privilege protected by law.

Freedom

Behavior or action free from interference.

Individual Rights

Basic liberties and rights of all citizens are guaranteed in the Bill of Rights.

Equality Rights

Rights ensuring equal treatment under the law without discrimination.

Collective Rights

The rights of the group, rather than the individual

Language Rights

Charter rights to receive government services in English or French.

Section 1 of CCRF

The rights and freedoms the CCRF outlines are protected, with limits that are reasonable and justified by law.

Section 2 of CCRF

Freedom of conscience and religion, Freedom of thought, belief, Freedom of peaceful assembly, Freedom of association

Section 3-5 of CCRF

Right to vote for a new government at least every 5

years. Parliament will meet each legislature at least once every twelve months.

Section 6 of CCRF

Every citizen and every permanent resident of Canada has the right to enter, remain in and leave Canada.

Section 7-15 of CCRF

Everyone has the right to life, liberty, security, and fair legal treatment under fundamental justice.

Section 8 of CCRF

Protects against unreasonable search and seizure.

Section 15 of CCRF

Everyone is equal under the law and protected from discrimination.

Notwithstanding Clause (Section 33)

Allows federal and provincial governments to temporarily override certain Charter rights (sections 2, 7-15), including fundamental freedoms, legal rights, and language rights.

Anti-Terrorism Act (2001)

Passed after 9/11, this Act expanded government and security powers to combat terrorism. It was controversial due to concerns about conflicts with the CCRF.

The Case of Abousfian Abdelrazik

A Sudanese-born Canadian citizen, Abdelrazik was labeled a terrorist by the U.S. in 2006 but later cleared. Despite this, CSIS detained him and denied his right to return to Canada from Sudan.

Right to Religion & Conscience

The Lord's Day Act required businesses to close on Sundays. In 1982, Calgary's Big M challenged it, and the Supreme Court ruled it violated Canadians' right to religion and conscience.

No-Fly List (2007)

Canada's No-Fly List restricted travel for security reasons, impacting rights to travel, association, and presumption of innocence. Still in effect but modified.

Emergencies Act & 2022 Trucker Protest

An inquiry ruled its use was legal, but a court later found no national emergency justified it. The government is appealing, likely to the Supreme Court.