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THE CHARTER Powered By Docstoc


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           History of the Charter
   Before 1982, Canada had the Canadian Bill of
    Rights. Although it was a step in the right direction,
    the Bill of Rights did not protect people completely.
    Under the Bill of Rights, a person could challenge
    another piece of legislature, however nothing
    prevented government officials from amending,
    appealing or simply overriding the bill. Also, no
    new legislation (before 1982) had to follow this bill,
    protecting the rights of those involved.
              Enter Charter…
   The Canadian Charter of Rights and
    Freedoms was introduced to Canadian law in
    1982 under the reign of Prime Minister of
    Pierre Elliot Trudeau. As a part of Canada’s
    new formal Constitution, every law in the
    country, past, present or future, had to conform
    to the provisions in the Charter.
   The Charter is split into 12
    sections. The 12 sections
    relate to rights that every
    Canadian citizen has. They
    include everything from basic
    rights to language rights to
    legal rights. If these rights are
    infringed upon or violated,
    there are legal repercussions
    that can be taken.
     The Charter: first few sections
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.

There is little to nothing above this document
        Fundamental Freedoms
2.   Everyone has the following fundamental freedoms:
      a. freedom of conscience and religion
      b. freedom of though, belief, opinion and
             expression, including freedom of the
             press and other media of
      c. freedom of peaceful assembly;
      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.

   Everyone over a certain age can
   both vote and run for government.
      Democratic Rights Cont’ed
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 of a general election of its members.
4.   (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 continuance is not
     opposed by the votes of more
     than one third of the members of the
     House of Commons or legislative
     assembly, as the case may be.
     Democratic Rights Cont’ed
  4(1). The government has a limited term of 5 years.
  This means that 5 years after that government gets in,
  they have to call an election.

  4(2). In drastic times, the government may run
  longer. An example of this would be during war
  time. It is not a good idea to hold an election in the
  middle of a world war.
     Democratic Rights Cont’ed
5.   There shall be a sitting of Parliament and
     each legislature at least once every twelve

Translation: The government must sit in the
   House of Commons at least once a year.
             Mobility Rights
6(1). Every citizen of Canada has the right to
  enter, remain in and leave Canada.
6(2). Every citizen of Canada and every persons
  who has the status of a permanent residence of
  Canada has the right:
      a. to move and take up residence in any
            province; and
      b. to pursue the gaining of a livelihood in
            any province.
       Mobility Rights Cont’ed
(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.
      Mobility Rights Cont’ed
(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.
       Mobility Right’s Cont’ed
Translation of section 6:
  -every Canadian citizen/permanent resident has the
  right to move inside of Canada to other provinces and
  may work there
  -there are 3 limitations on this right that are related to
  the idea of provincial programs (eg. you have to live
  in a province for so long before accepting social
  services or the workplace can hire a specific kind of
  person before another if they are disadvantaged in
  comparison to the overall rate in Canada.)
                 Legal Rights
   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.

   Translation: Protects us in our dealings with
    the justice system – treated fairly, especially
    those charged with a criminal offence.
   May not be sent to prison unless there is some proof
    that they did something wrong

           What about those detained in Canadian prisons - those who have
            come from other countries?

   To imprison a person who has acted reasonably
    would offend the principles of fundamental justice.
               Equality Rights

   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.
    Official Languages of Canada

   French & English

   Official languages – records in both languages
     Minority Language Educational

   Provincial governments have a responsibility
    to provide educational opportunities in both of
    the official languages

   Must be a justified number of students
   Anyone who rights or freedoms, as guaranteed
    by the 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

   When rights are denied…
   Aboriginal, treaty or other rights or freedoms
    that pertain to the Aboriginal people of Canada

   Protect culture, customs, traditions, and

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