Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada and guarantees fundamental rights and freedoms for everyone in Canada, subject to reasonable limits. It was enacted in 1982 as part of the Constitution Act, 1982.
Purpose
The Charter protects individuals from violations of their rights by governments and guides courts in interpreting and enforcing those rights.
Key Features
- Section 1 – Reasonable Limits: Rights may be limited by law if limits are demonstrably justified in a free and democratic society (the Oakes test).
- Section 2 – Fundamental Freedoms: Freedom of expression, religion, peaceful assembly, and association.
- Sections 3–5 – Democratic Rights: The right to vote and run for office; maximum terms for legislative bodies.
- Section 6 – Mobility Rights: The right to enter, remain in, and leave Canada; move and work across provinces.
- Sections 7–14 – Legal Rights: Life, liberty, and security of the person; protections against unreasonable search, arbitrary detention, cruel treatment, and self-incrimination; the right to a fair trial.
- Section 15 – Equality Rights: Equality before and under the law without discrimination.
- Sections 16–22 – Official Languages: English and French are official languages of Canada; language rights for minorities.
- Section 23 – Minority-Language Education Rights.
- Section 24 – Enforcement: Courts can provide remedies; evidence obtained in violation of the Charter may be excluded (s.24(2)).
- Sections 25–31 – General/Interpretive: Respect for Indigenous rights and other protections.
- Section 33 – Notwithstanding Clause: Legislatures may override certain rights (ss.2, 7–15) for renewable 5-year periods.
Application
- Applies to the federal, provincial, and territorial governments (s.32).
- Does not generally apply to purely private disputes, unless government action is involved.
Landmark Concepts
- Oakes test: A two-stage proportionality analysis to justify limits under s.1.
- Remedies: Striking down laws, reading in/down, constitutional exemptions, and damages (in exceptional cases).
Related Pages
- Constitution of Canada
- Government of Canada
- Supreme Court of Canada
- Canadian Human Rights
- Official Languages of Canada