Canadian Charter of Rights and Freedoms

1 — Rights and freedoms in Canada

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.

2 — 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.

3 — Democratic rights of citizens

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.

4 — Maximum duration

(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 more than one-third of the members.

5 — Annual sitting

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

6 — Mobility of citizens

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

(2) Every citizen of Canada and every permanent resident 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 in subsection (2) are subject to laws or practices of general application other than those that discriminate primarily on the basis of province of residence, and reasonable residency requirements for social services.

(4) Subsections (2) and (3) do not preclude ameliorative programs where a province’s employment rate is below that of Canada.

7 — Life, liberty and security of the person

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

8 — Search or seizure

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

9 — Detention or imprisonment

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

10 — Arrest or detention

• to be informed promptly of the reasons therefor;
• to retain and instruct counsel without delay and to be informed of that right; and
• to have the validity of the detention determined by habeas corpus and to be released if the detention is not lawful.

11 — Criminal and penal matters

• to be informed without unreasonable delay of the specific offence;
• to be tried within a reasonable time;
• not to be compelled to be a witness against oneself;
• to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
• not to be denied reasonable bail without just cause;
• trial by jury where the maximum punishment is imprisonment for five years or more (except certain military offences);
• not to be found guilty for acts that were not offences at the time committed, consistent with international law;
• no double jeopardy; and
• if punishment changed, to the benefit of the lesser punishment.

12 — Treatment or punishment

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

13 — Self-crimination

A witness has the right not to have incriminating evidence used to incriminate that witness in other proceedings (except perjury/contradictory evidence).

14 — Interpreter

A party or witness who does not understand the language of the proceedings or who is deaf has the right to the assistance of an interpreter.

15 — Equality before and under law; equal protection and benefit

(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, in particular based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude ameliorative laws, programs or activities for disadvantaged individuals or groups.

16–22 — Official languages

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

16(2) English and French are the official languages of New Brunswick with equality of status and equal rights and privileges in all institutions of the legislature and government of New Brunswick.

16(3) Parliament or a legislature may advance the equality of status or use of English and French.

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

16.1(2) The role of the legislature and government of New Brunswick in this regard is affirmed.

17–22 cover proceedings, statutes/records, courts, public communications, and preservation clauses.

23 — Language of instruction

(1) Citizens whose first language learned and still understood is that of the English or French linguistic minority of the province, or who received primary instruction in that language, have the right to have their children receive primary and secondary instruction in that language in that province (where applicable).

(2) Citizens whose any child has received or is receiving such instruction have the right to have all their children receive it in the same language.

(3) Where numbers warrant, this includes provision of instruction and, where warranted, facilities out of public funds.

24 — Enforcement of guaranteed rights and freedoms

(1) Anyone whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just.

(2) Evidence obtained in a manner that infringed or denied Charter rights shall be excluded if, having regard to all the circumstances, its admission would bring the administration of justice into disrepute.

25–31 — General provisions

• 25: Charter 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.
• 26: Charter does not deny the existence of other rights or freedoms in Canada.
• 27: Interpret the Charter consistent with Canada’s multicultural heritage.
• 28: Rights and freedoms guaranteed equally to male and female persons.
• 29: Rights or privileges respecting denominational, separate or dissentient schools preserved.
• 30: References to provinces include the territories (as appropriate).
• 31: Nothing in the Charter extends legislative powers.

32–33 — Application & Notwithstanding clause

32(1) This Charter applies to the Parliament and government of Canada, and to the legislatures and governments of each province, within their authorities.

32(2) Section 15 delayed effect (historical).

33(1) Parliament or a legislature may expressly declare that an Act or a provision operates notwithstanding section 2 or sections 7–15 of the Charter.

33(2–5) Operation, five-year limit, and re-enactment rules for such declarations.

34 — Short title

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

35 — Recognition of existing aboriginal and treaty rights

(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) “Aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.

(3) Treaty rights include rights that now exist by way of land claims agreements or may be so acquired.

(4) These rights are guaranteed equally to male and female persons.

35.1 — Commitment to participation

Before certain constitutional amendments are made, a constitutional conference including the Prime Minister and provincial first ministers will be convened, and representatives of the aboriginal peoples of Canada will be invited to participate regarding the item.