Charter

Canadian Charter of Rights and Freedoms

Fundamental Freedoms

Section 2

Everyone has the following fundamental freedoms:

1. freedom of conscience and religion;
2. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
3. freedom of peaceful assembly; and
4. freedom of association.

Democratic Rights

Section 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.

Section 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.
   
   
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.

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

Mobility Rights

Section 6

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

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

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

Section 10
Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefore;
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.

Section 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 offense;
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 offense is imprisonment for fi ve 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 offense, 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.

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

Section 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.

Section 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

Section 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.
   
   

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.

Language Rights

The Language Rights in the Charter of Rights and Freedoms are presented in two sections, the Official Languages of Canada and Minority Language Education Rights. This section of the Charter proclaims English and French are the official languages of the country and that federal services must be provided in both languages. This section includes specific provisions for New Brunswick where provincial services are provided in both official languages. Minority Language Education Rights address the rights of Canadian parents to have their children educated in either French or English in any part of the country. Explore this critical cultural section of the Charter.

Official Languages of Canada

Section 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.
   
   
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.
   
   
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.

Section 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.
   
   
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.

Section 17

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

Section 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.
   
   
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

Section 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.
   
   
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.

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

Section 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.

Section 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

Section 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.
   
   
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.
   
   
3. The right of citizens of Canada under subsections (1) and (2) to have their children receive primary an 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.

Charter printed courtesy of charterofrights.ca