The Canadian Charter of Rights and Freedoms (1982)
The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.
The Charter is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates. For example, it states the powers of the federal, and provincial and territorial governments in Canada.
Understanding the Charter
- Guarantee of rights and freedoms – section 1
- Fundamental freedoms – section 2
- Democratic rights – sections 3 to 5
- Mobility rights – section 6
- Legal rights – sections 7 to 14
- Equality rights – section 15
- Official languages of Canada – sections 16 to 22
- Minority language educational rights – section 23
- Enforcement – section 24
- General – sections 25 to 31
- Application of Charter – sections 32 and 33
- Citation – section 34
- Constitution Act, 1982–section 52
Guarantee of rights and freedoms – section 1
1. 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 – section 2
2. Everyone has the following fundamental freedoms:
- freedom of conscience and religion;
- freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- freedom of peaceful assembly; and
- freedom of association.
Under section 2 of the Charter, Canadians are free to follow the religion of their choice. In addition, they are guaranteed freedom of thought, belief and expression. Since the media are an important means for communicating thoughts and ideas, the Charter protects the right of the press and other media to speak out. Our right to gather and act in peaceful groups is also protected, as is our right to belong to an association like a trade union.
These freedoms are set out in the Charter to ensure that Canadians are free to create and express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.
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:
- to move to and take up residence in any province; and
- to pursue the gaining of a livelihood in any province.
Section 7 - 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.
Section 7 guarantees the life, liberty and personal security of all Canadians. It also requires that governments respect the basic principles of justice whenever they intrude on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost.
Source: Government of Canada. Guide to the Canadian Charter of Rights and Freedoms. Retrieved from: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html.
Video: Charter of Rights and Freedoms
Springtide. (June 13, 2013). Retrieved from: https://www.youtube.com/watch?v=YAIM1qzO9_w.
Section 32(1) – Application of the Charter
Provision
32.(1) This Charter applies:
- to the Parliament and the government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and the Northwest Territories; and
- to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
Provisions on the scope of application of an instrument can be found in the following Canadian laws and international instruments binding on Canada:
- sections 2, 5(2), and 5(3) of the Canadian Bill of Rights;
- article 2.1 of the International Covenant on Civil and Political Rights;
- article 6 of the International Convention on the Elimination of Racial Discrimination;
- article 2.1 of the Convention on the Rights of the Child;
- article 2.1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
See also the following international and comparative law instruments not binding on Canada:
- article 1 of the American Convention on Human Rights;
- article 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;
- the American Bill of Rights — American courts have held that most of the guarantees apply to both federal and state governments.
Purpose
Section 32(1) defines the scope of the Charter’s application. The text of section 32(1) provides “a strong message that the Charter … is essentially an instrument for checking the powers of government over the individual”
: McKinney v. University of Guelph, [1990] 3 S.C.R. 229 at 261.
The Charter is not intended to govern relations between private actors.
The exclusion of private activity from the Charter was not a result of happenstance. It was a deliberate choice that must be respected. We do not really know why this approach was taken, but several reasons suggest themselves.
Historically, bills of rights, of which that of the United States is the great constitutional exemplar, have been directed at government. Government is the body that can enact and enforce rules and authoritatively impinge on individual freedom
: McKinney at 262.
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Young/C4D Canadians4Democracy. All Rights Reserved.
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