Study Notes on Rights and Freedoms in Canada

Human Rights Overview

• Human Rights: Fundamental rights that are universal and come from recognition of inherent dignity.

Learning Goals

• Understand Human Rights and their influence on the Canadian Charter of Rights and Freedoms.
• Apply knowledge of the Charter to case studies.

Canadian Charter of Rights and Freedoms

• Purpose: To guarantee and protect rights and freedoms for all Canadian citizens.
• Divided into sections, each detailing specific rights and freedoms.

Fundamental Freedoms (Section 2)

• 2a: Freedom of conscience and religion.
• 2b: Freedom of thought, belief, opinion, and expression (includes press).
• 2c: Freedom of peaceful assembly.
• 2d: Freedom of association (right to join groups).

Democratic Rights

• Section 3: Right to vote in elections.
• Section 4: Legislative assemblies cannot serve longer than 5 years.
• Section 5: Parliament must sit at least once every 12 months.

Mobility Rights (Section 6)

• Ensures ease of movement between provinces for Canadians.
• Rights limited to Canadian citizens and permanent residents.

Legal Rights (Sections 7-14)

• Section 7: Right to life, liberty, and security.
• Section 8: Protection against unreasonable search and seizure.
• Section 11: Rights of individuals charged with an offense (informed of offense, trial in reasonable time).
• Section 12: Right against cruel and unusual punishment.
• Section 14: Right to have an interpreter in legal proceedings.

Equality Rights (Section 15)

• Right to equality and non-discrimination.
• Ensures equal protection and benefit of the law irrespective of various identities.

Official Language Rights (Sections 16-22)

• English and French recognized as official languages.
• Rights to use either language in federal government dealings.

Minority Language Rights (Section 23)

• Right for French-speaking Canadians to have children educated in French under certain conditions.