♥ Canadian Charter Rights

The legislation which protects Canadian civil and human rights under Canadian law is Part I of the Constitution Act, 1982, commonly known as the Canadian Charter of Rights and Freedoms, or “the Charter”.

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CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Democratic Rights

3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Maximum duration of legislative bodies

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members. (81)

Continuation in special circumstances

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be. (82)

Annual sitting of legislative bodies

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (83)

Mobility Rights
Mobility of citizens

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Legal Rights
Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-crimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Equality Rights
Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or

physical disability.
Affirmative action programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. (84)

Official Languages of Canada
Official languages of Canada

16. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

Official languages of New Brunswick

(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.

Advancement of status and use

(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

English and French linguistic communities in New Brunswick

16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.

Role of the legislature and government of New Brunswick

(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. (85)

Proceedings of Parliament

17. (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament. (86)

Proceedings of New Brunswick legislature

(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick. (87)

Parliamentary statutes and records

18. (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative. (88)

New Brunswick statutes and records

(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative. (89)

Proceedings in courts established by Parliament

19. (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament. (90)

Proceedings in New Brunswick courts

(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick. (91)

Communications by public with federal institutions

20. (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where

(a) there is a significant demand for communications with and services from that office in such language; or

(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

Communications by public with New Brunswick institutions

(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

Continuation of existing constitutional provisions

21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada. (92)

Rights and privileges preserved

22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Minority Language Educational Rights
Language of instruction

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,

have the right to have their children receive primary and secondary school instruction in that language in that province. (93)

Continuity of language instruction

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

Application where numbers warrant

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

Enforcement
Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

General
Aboriginal rights and freedoms not affected by Charter

25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired. (94)

Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Multicultural heritage

27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Rights guaranteed equally to both sexes

28. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Rights respecting certain schools preserved

29. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. (95)

Application to territories and territorial authorities

30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

Legislative powers not extended

31. Nothing in this Charter extends the legislative powers of any body or authority.

Application of Charter

32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

Exception

(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

Exception where express declaration

33. (1) 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 section 2 or sections 7 to 15 of this Charter.

Operation of exception

(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five year limitation

(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

Re-enactment

(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).

Five year limitation

(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

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#Charter #Civil Rights #Canada

4 thoughts on “♥ Canadian Charter Rights

  1. […] The Harper Government has taken the position that SIRC (the Security Intelligence Review Committee) provides oversight, but in fact, SIRC does not ensure CSIS does not stray over the line into illegal behaviour (such as actions which would infringe on the civil rights Canadians are guaranteed by The Canadian Charter of Rights and Freedoms). […]

  2. why your post is meaningless…… courts and freedoms are run by arbitrary systems that overide basic charter rights. This is illegal but why canada is evil and shit!
    my way of describing it!>>>>>

    the ones that destroy the world are

    – firstly the manipulaters who claime those that retaliate justly, ought not have the ability to, and demonize us. Even when it is only done in fairness and self preservation.

    for example priests back in the day of witch trials would rial up a church afraid of loosing controle power and the ability to black mail. Would then spread rumours and punish things that ought no to be punished to the groupe, then they’d cause such a level of fear and panick and slow layer by layer decay of harassment and gather information of all of their congression, then they’d know the level of tension in the populus that they themselves created. This ,means they need to lash out and as they know their families will be hurt if it is against him, he then fills seeds of hate toward another target and implies that if he’s not agreed with then they too are in on it etc…

    -Then there is the groupe that calls those who (sees this and stands up and calls the priest out on being a shit, points out obvious blantant bullshit and cruelty and how its wrong) and tells the people who do this in sweet sounding words laced with manipulation and backstabbing poison that they are the immoral that they are the wrong , that they are the traitors and this groupe usually looks so moral for doing it ( but for a voice of sense in the head of the wise and truly just and there for these people get angrier and angrier and they too are cut down but this type of person allong with the original target.)

    -then there is a groupe beleiving themselves to be imortant who comes up with a plan, this groupe back the original and calls themselves rightious etc… really its just to give themselves a standing of power and a show of visual controle over a populus. These people know what it is they do are wrong and know they are cowards. This groupe gets rewarded with title and a financial sum. This group publicly doesnt bow down low tothe original shit sturring priest but none the less kisses his ass to a certain exstent and uses the system to their own gaine as well. This groupe for the most part although fanatical are aware the world is unfair deep down because they cause it to be so. This gives the illusion also of varied thinking.

    -then there is the ordinary easily duped citizen who genuinely beleives after this that what they are doing is just and good and shames those who do not partake int his sick form of “justice”or get on board this this “system

    -then there are the people who are infact the least bothersome of this sick and evil system though who are often first targeted for vengance by those they hurt. I ofcourse reffer to the people who actually carry out the hunting and rounding up and humiliating of said person or persons and who eventually kill them in the cruelest of ways and are so stupid as to think what they are doing in earnest is good.

    in canada mental health services is the modern day witch trial, the power in the country has been left to the discretion of the last groupe. Canada is so far beyond a servile country as to not even be able to see it. My life has been ruined by this sytem and it IS an arbitrary sustem. It simply mascarades as honest litigation. However in litigation you must break a law and indeed get tried for a crime rather then get tried and put on the defencive for a mere opinion or frame of mind. This entire country especially in british columbia though…. is under complete and utter dominance of a behind the scenes groupe who trial by panels rather than by jusry. How different is this from the inquisition you ask? It is the EXACT same, though instead of death they can hold you in an assylum and steal your soul and strip every layer of sanity from you sheet but god damned sheet! The price of this is ofcourse the appearance of ones sanity if not the actuality of it! These workers get paid as do the drug companies
    or phamasudical manufacterers out of tax payers money and label it as a “service”. My old deffenition of service in school was that of something voluntary… otherwise it would be reffered to as enslavement!
    then there is no hope of freedom of speech or action if there is not even freedom of THOUGHT!

    Exaggeration?
    priest: I read a book so I know more about your soul than you do, if you disagree from my beleif I will call you a heretic and blasphemer. You will be declared unfit to own lands or have title. If you retaliate we will use as proof you are evil and have rotten soul. You will be hunted and burt alive, they will say these words in the name of peace love and understanding.

    Psychiatrist: I read a book so I know more about your brain than you do, if you disagree from my beliefs I will call you disordered, diseased, mentally ill. You will be declared unfit to be left alone to live your life. If you retaliate we will use as proof you have anger management issues and are simply mentally ill. They will cage you and fill you with whatever drugs they wish to destroy your way of thinking, they will say they do this for your own good in a condescending sickningly sweet manor.

    Does england not care what kind of people thrive and what kind of people fall in this country. They will have to live with those canadian that are left. I for one will never have kids though once a upon a time I would have been a geat mother. I am amazed how long it took to break me though there are elvels to breaking, inihilated is a better word. Why I still breath after what I’ve endured is a curse not a question.

    Though my series of events did not go quite like this, the fact that this is an abviouse truth in Canada is part of the erosion of my brain. I beleive and KNOW the workers and concoctors of this system are far more sick and mentally ill then I ever could be.

    Also there is something of a sixth finger
    – the people who just make fun of those that try, not because of a moments bitterness or get the situation beneath the layer as they pretend, they just like bullying people smarter than they for no other reason but to feel intelligent. This groupe calls themselves “real”but real people with layer feel every emotion including happyness and imagination in a good way as well as bad not perminant goth. They also try to use others words against them when they dont call for it (either they cant feel the simplicity behind them or layers behind them or they just like shit sturring or both.)Its easyer to take the the good ones down that the bad. This one will use that, this one can amke a good person sound like this description easiy.

    -then there’s the groupe that just wants to be left alone and thinks its smart to say they just dont know and dont really want to know. They will go with the groupe. They will stand against it on small things but bullly those by simply standing quitely as if the other is insanin for daring tot ake it further when it counts.

    – Then there are the groupe of genuine crazy people who take down any and all logic and want to destroy everything (not that normal people who have been pushed too far dont sound like this but then who couldnt be)

    -then there are the groupes that see the odds and just try to stay nutral eveb though they know one side it evil, they know but they back away in fear.

    – Then there it the type that usually get locked up or burnt alive because they say something… they try to make the world the way they thought it was or ought to be as is the ability to be ones self and left the fuck alone. This costs more that life in the 21st century. It cost me my soul.

    Canada is the crulest of countries with no reasonable litigation and they never have anyone who knows what it is they are doing for the public. They either have panels which are like inquisitions and you are on the deffencive for having done nothing wrong….. if you do have a lawyer its from a defencive point of view but its still nothing that according to basic rights and freedoms charter of this country should be allowed. This goes far beyond corrupt as it is the new system. There are only pocket systems left and all are arbitrary. Nothing involving the taking away of basic human rights should be arbitrary, and why this is still an argument weather or not someone is intitled to their own opinion and to live their lives the way they see fit is truly evil. It can cover EVERY aspect of your life as they smile and say otherwise though indeed every piece of your life is their business and they get to comment and imply whatever they like. I know that if I decorated my house certain way they would say ts implied somehting about me. Again it has NOTHING to do with laws simply what they key emphasis on THEY think of your thinking. I thought millions died for these basic rights? WHy is canda considered the kindest? Simply they give food and money to foreign countries and give minorities freedom to be left alone for fear of being called racist but to the main populus its fair game to destroy for committing no offence? I wish anyone would make it their pet project to look into the candian mental health system and why it would notbe allowed in england. Complaints departments in these groupes do not procecute their workers because their workers are trained to call things voluntary which are not. I mind as wel have called the inquisition and say your people dont ust want to come in and ask questions and its not voluntary. They know this.

    May people live with what ever scum is left in canada and the world for standing by and doing nothing.

    Im not religious but if you are goiong to send up a prayer please let it be that I die. Knock on wood it works!

  3. Also this new beleif that psychiatry can be admisible in a court of law is evil as it is opinion form and therefore someone without mainstream thinking can be targeting by fear mongering and no facts just opinions. Law should be used against those that break it in accordance with crimes committed. The reality is they imply humans on a jury are stupid and someone who has labeled different things know more about human nature when in fact they have retarded themselves of understanding by labeling,

    – In childrens services this system is also arbitrary and children were ONLY supposed to be taken from abusive homes but now its more and intrusion of privacy and gastapo style government to invade homes and to tell paretns to “act natural” as if someone can act natural when someone is watching and judging you on how you treat your children with the authority to remove them. Wierd out there sense of humour can be easily mistaken for abuse and from people I know who have been hurt bu this, its truly menatlly ill to suggest that it should even have arisen. If a child is unhappy at home I beleive they should be able to go someehere else though children should have a voice (now a days this is atatched to mental health services which is not voluntary and abuses children by labeling then and clearly judging them whist pretending not to. This level of fear and bullying to a child has long term affects)

    -In cases such as motherisk, they had a court of law that was determined by clear and blatand arbutrary lab testing which was so substandard as to be 100% of the time wrong as nothing was done in accordance with the law! To take testimony in a court of law from someone as fact when its opinion is not a court system but a witch trial. Again this is how thay make a law system arbitrary. What pisses me off most about this is that even those sent in to look into cases CHOOSE not to acknowledge that this is the reason for a VAST majoirty of child removal in perticularly the province of you home ontario. Though systems like this are rampant in canada. What is sick also is although people paid for personal FORENSIC tests out of pocket to contradict these they were thrown out and OVER RULED! This should not demand money in small amount and children back but criminal negligence by the court and EVERY worker in it should be BEHIND bars. Its centuries goen and still happens cause they painstakingly talk quietly a sincerely with no souls and need a good old fashioned punch in the face. Jail time and removal from posts for all who neglected to bring this information forward should be the price as WELL as fanancial comensation admittance that canada KINAPPED children enmass and then must be IMEDIANTLY returned!! A kidnapped who was not from parliament should so canada need to achnowledge what they are! I beleive the only way for the natioves in ontario to get freedom is to risk jail and pepperspray and stand OUTSIDE the houses of those workers that did this who said (I was just doing my job and following orders) and say “you just destroyed my life and stole my children”indians are too nice and this is NOT a free country. Fuck if this happened to that many white people those workers (ALL OF THEM) would have their homes vandalized and their kids possibly kidnapped by a radical till the government was panicked and stated in NO UNCERTAIN TERMS how epically they fucked up! As it is the people they hired to look into it still pussy foot around blame and fail to say that yuet the jusry mainly relied on drug testing and set the mood for other evidence that was mere opinion and that alone would have had a different feeling behind it let alone they would NEVER have the right to remove children for a different FEELING according to the canadain charter of human rights but only for SEVERE abuse and drugs and alchoholism would be defined AS THAT! other wise the news would have picked it up long ago as people who you might not a gree with at all should still not be harassed thus and children taken for mere difference of opinion or parenting style!

    This hasnt been a free country in some time wake up! Your arguing on thing that depict what =level of shit we should eat when infact it was illegal to force feed any!

  4. I must also state that since these “services”have the right to call the police for no illegal activity but because they wish to abuse a citizen (this is not voluntary…. just because they dont call them everytime doesnt mean the simple FACT that they can WITH a level of authority above you doesn cause mental distress and a clear violation in and of itself of basic human rights! When your own police force can be used AGAINST you in the name of “aid” it ceases to be aid. “INFLICTION” would be a better word. They then smile and wonder why you acting “wierd”, though why they should have a RIGHT to an opinion on another citizen is beyong me as AGAIN it goes AGAINST said charter.

    – How useless is this charter?

    basically someone can invade your home humiliate you and steal your children and treat you as a slave to their whims for the rest of your life if they see fit. Criminal conduct to require this… NONE. You may not be held in a jail though according to this, but worse and more sick you can be force drugged or simply held in a mental institution. OH canada! Brilliant so worse than criminal incarseration for commiting no crime?>>>>> and no one touches this because??

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