Unit 2 - Canadian Charter

Charter rights

promises and legal rights made by the state to its citizens

Section 1

Ensures that the rights listed in charter are guaranteed

Section 2

fundamental freedoms

Fundamental Freedoms (4)

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

Sections 3-5

Democratic rights. Ensures that every Canadian citizen has the right to vote in an election

Section 6

Every Canadian citizen has the right to enter, remain and leave Canada

Section 7

Life, liberty and security of the person

Section 8

Unreasonable search and seizure

Section 9

States that you can’t be arbitrarily detained, physically or psychologically

Section 10

States that everyone has the right to be informed of the reason for their arrest or detainment

Section 11

The rights to be immediately told what the offence is and to be tried within a reasonable amount of time

Section 12

Outlines cruel and unusual punishment

Section 13

Protects witnesses who testify in court from having the evidence used against them in later court proceedings

Section 15

Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination

Section 24

Anyone whose rights and freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy.

Section 33

Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the act or a provision thereof shall operate notwithstanding a provision included in Sections 2 and 7-15

Advantages of charter

protects individual and group rights, courts make fair and reasonable decisions on society’s behalf and private citizens have an avenue to challenge laws deemed discriminatory

Disadvantages of charter

effectiveness of charter is undermined by section 33, very few Canadians can afford the high legal costs incurred from mounting a long legal challenge, judges have greater power and it’s harder to investigate, arrest and convict criminals