Constitution Act, 1982/Part I
|←Contents||Constitution Act, 1982 (1982)
Part I: Charter of Rights and Freedoms
|The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply The Charter) is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter is intended to protect certain political and civil rights of people in Canada from the policies and actions of all levels of government. It is designed to unify Canadians around a set of principles that embody those rights.|
- GUARANTEE OF RIGHTS AND FREEDOMS
- FUNDAMENTAL FREEDOMS
- DEMOCRATIC RIGHTS
- MOBILITY RIGHTS
- LEGAL RIGHTS
- EQUALITY RIGHTS
- OFFICIAL LANGUAGES OF CANADA
- 21. Continuation of existing constitutional provisions.
- 22. Rights and privileges preserved.
- MINORITY LANGUAGE EDUCATIONAL RIGHTS
- 25. Aboriginal rights and freedoms not affected by Charter.
- 26. Other rights and freedoms not affected by Charter.
- 27. Multicultural heritage.
- 28. Rights guaranteed equally to both sexes.
- 29. Rights respecting certain schools preserved.
- 30. Application to territories and territorial authorities.
- 31. Legislative powers not extended.
- APPLICATION OF CHARTER
Guarantee of Rights and Freedoms
|Guarantee of Rights and Freedoms.||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.|
|Fundamental freedoms.||2.||Everyone has the following fundamental freedoms:|
|Democratic rights of citizens.||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.|
|Maximum duration of legislative bodies.||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.|
|Continuation in special circumstances.||(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.|
|Annual sitting of legislative bodies.||5.||There shall be a sitting of Parliament and of each legislature at least once every twelve months.|
|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
|Limitation.||(3) The rights specified in subsection (2) are subject to
|Affirmative action programs.||(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.|
|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.|
|Search or seizure.||8.||Everyone has the right to be secure against unreasonable search or seizure.|
|Detention or imprisonment.||9.||Everyone has the right not to be arbitrarily detained or imprisoned.|
|Arrest or detention.||10.||Everyone has the right on arrest or detention
|Proceedings in criminal and penal matters.||11.||Any person charged with an offence has the right
|Treatment or punishment.||12.||Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.|
|Self-crimination.||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.|
|Interpreter.||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 before and under law and equal protection and benefit of law.||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.|
|Affirmative action programs.||(2) 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.|
Official Languages of Canada
|Official languages of Canada.||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.|
|Official languages of New Brunswick.||(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.|
|Advancement of status and use.||(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.|
|English and French linguistic communities in New Brunswick.||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.|
|Role of the legislature and government of New Brunswick.||(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.|
|Proceedings of Parliament.||17.||(1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.|
|Proceedings of New Brunswick legislature.||(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.|
|Parliamentary statutes and records.||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.|
|New Brunswick statutes and records.||(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.|
|Proceedings in courts established by Parliament.||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.|
|Proceedings in New Brunswick courts.||(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.|
|Communications by public with federal institutions.||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
|Communications by public with New Brunswick institutions.||(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.|
|Continuation of existing constitutional provisions.||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.|
|Rights and privileges preserved.||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
|Language of instruction.||23.||(1) Citizens of Canada
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.
|Continuity of language instruction.||(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.|
|Application where numbers warrant.||23.||(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
|Enforcement of guaranteed rights and freedoms.||24.||(1) Anyone whose rights or freedoms, as guaranteed by this 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.|
|Exclusion of evidence bringing administration of justice into disrepute.||(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
|Aboriginal rights and freedoms not affected by Charter.||25.||The guarantee in this Charter of certain rights and freedoms 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 including
|Other rights and freedoms not affected by Charter.||26.||The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.|
|Multicultural heritage.||27.||This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.|
|Rights guaranteed equally to both sexes.||28.||Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.|
|Rights respecting certain schools preserved.||29.||Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.|
|Application to territories and territorial authorities.||30.||A reference in this Charter to a Province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.|
|Legislative powers not extended.||31.||Nothing in this Charter extends the legislative powers of any body or authority.|
Application of Charter
|Application of Charter.||32.||(1) This Charter applies
|Exception.||(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.|
|Exception where express declaration.||33.||(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.|
|Operation of exception.||(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.|
|Five year limitation.||(3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.|
|Re-enactment.||(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).|
|Five year limitation.||(5) Subsection (3) applies in respect of a re-enactment made under subsection (4).|
|Citation.||34.||This Part may be cited as the Canadian Charter of Rights and Freedoms.|
- See section 50 and the footnotes to sections 85 and 88 of the Constitution Act, 1867.
- Replaces part of Class 1 of section 91 of the Constitution Act, 1867, which was repealed as set out in subitem 1(3) of the Schedule to this Act.
- See the footnotes to sections 20, 86 and 88 of the Constitution Act, 1867.
- Subsection 32(2) provides that section 15 shall not have effect until three years after section 32 comes into force.
Section 32 came into force on April 17, 1982; therefore, section 15 had effect on April 17, 1985.
- Section 16.1 was added by the Constitution Amendment, 1993 (New Brunswick). See SI/93-54.
- See section 133 of the Constitution Act, 1867, and the footnote thereto.
- See, for example, section 133 of the Constitution Act, 1867, and the reference to the Manitoba Act, 1870, in the footnote thereto.
- Paragraph 23(1)(a) is not in force in respect of Quebec. See section 59 infra.
- Paragraph 25(b) was repealed and re-enacted by the Constitution Amendment Proclamation, 1983. See SI/84-102.
Paragraph 25(b) as originally enacted read as follows:
- (b) any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.
- See section 93 of the Constitution Act, 1867, and the footnote thereto.
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