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TUCoPS :: Cyber Law :: charter.txt

The Canadian Charter of Rights and Freedoms




INTRODUCTION

What follows is a partial copy of the contents of a publication
by the Government of Canada entitled "The Charter of Rights and
Freedoms  A Guide for Canadians". Only that text which is in
heavy type is included, and the commentary supporting and
associated with it have been omitted.

The inside cover lists the following specifications;

      Minister of Supply and Services Canada 1982

           Cat. No.  CP 45-24/1982-1

              ISBN 0-662-51913-2

A copy of this document may be obtained from the Queen's Printer
(if it isn't privatized) in New Westminster, B.C., or anywhere
else in Canada by writing to;

             Publications Canada
             P.O. Box 1986
             Station B
             Ottawa, Canada
             K1P 6G6 

Also included on the inside cover is the following;

"This publication is not a legal document. The notes in the
booklet are for explanatory purposes only, and are not to be
taken as legal interpretations of the provisions of the Charter."

Anyone who can and does add contents to this file is requested to
make an appropriate note here.

../OS

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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 reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society.


2.      Everyone has the following fundamental freedoms:

                a) freedom of concience and religion;

                b) freedom of thought, beleif, opinion and 
                   expression,including freedom of the press
                   and other media of communication;

                c) freedom of peaceful assembly; and

                d) freedom of association.


3.      Every citizen of Canada has a right to vote in an
election of members of the House of Commons or of a 
legislative assembly and to be qualified for membership
therin.


4.      (1) No House of Commons and no legislative assembly
            shall continue or longer than five years from
            the date fixed for the return of the writs at 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.


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


6.      (1) Every citizen of Canada has a 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 and take up residence in any
                    province; and

                (b) to pursue the gaining of a livlihood in
                    any province.

        (3) The rights specified in subsection (2) are
            subject to

                (a) any laws or practices of general
                    application in force in 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 objective
            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.


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


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


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


10.     Everyone has the right on arrest or detention

                a) to be informed promptly of the reason
                   therefor;

                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 Habeus Corpus and to be
                released if the detention is not lawful.


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 offence;

                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 offence
                is imprisonment for five 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 internatinal law or was
                criminal according to the general principles
                of law recognized by the community of
                nations;

                h) if finally acquitted of the offence, 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.



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


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.


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

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.

        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

16.     1) English and French are the official languages of
           Canada and have equality of status and equal
           rights and priveleges 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 priveleges 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.


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

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

18.     1) The status, 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.


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.


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 when

                 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 receive available
           services from, any office of an institution of the
           legislature or government of New Brunswick in English
           or French.


21.     Nothing in sections 16 to 20 abrogates or derogates
from any right, privelege 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.


22.     Nothing in sections 16 to 20 abrogates or derogates
from any legal or customary right or priveleges 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.


23.     1) Citizens of Canada

                a) whose first language learned and first
                   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 and
           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 suffucient 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.


59.     1) Paragraph 23(1)(a) shall come into force in respect of
           Quebec on a day to be fixed by proclaimation issued by
           the Queen or Governor General under the Great Seal of
           Canada.

        2) A proclaimation under subsection (1) shall be issued
           only where authorized by the legislative assembly or
           government of Quebec.

        3) This section may be repealed on the day paragraph
           23(1)(a) comes into force in respect of Quebec and
           this Act amended and renumbered, consequential upon the
           repeal of this section, by proclaimation issued by the
           Queen or the Governor General under the Great Seal of
           Canada.*

(* Section 59 of the Constitution Act, 1982, is not a part of the
Charter of Rights and Freedoms. However, it is reproduced here
because it directly relates to the subject of minority language
education rights.

Enforcement

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.

        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 the circumstances,
           the admission of it in the proceedings would bring the
           administration of justice into disrepute.

General

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

                a) any rights or freedoms that have been
                   recognized by the Royal Proclamation of October
                   7, 1763; and

                b) any rights or freedoms that may be acquired by
                   the aboriginal peoples of Canada by way of land
                   claims settlement.



26.     The guarantee in this Charter of certain rights and freedoms
shall not be construed as denying the existance of any other rights or
freedoms that exist in Canada.


27.     This Charter shall be interpreted in a manner consistant with
the preservation and enhancement of the multicultural heritage of
Canadians.


28.      Notwithstanding anything in this Charter, the rights and
freedoms referred to in it are guaranteed equally to male and female
persons.


29.      Nothing in this Charter abrogates or derogates from any
rights or priveleges guaranteed by or under the Constitution of
Canada in respect of denominational, separate or dissentient schools.


30.      A reference in this Charter to a province or to the
legislative assembly or legislature of a province shall be deemed to
a reference to the Yukon Territory and the Northwest Territories, or
to the appropriate legislative authority thereof, as the case may be.


31.      Nothing in this Charter extends the legislative powers of
any body or authority.

Application of Charter

32.      1) This Charter applies

                 a) to the Parliament and government of Canada in
                    respect of all matters within the authority of
                    Parliament including all matters relating to
                    the Yukon Territory and the Northwest
                    Territories; and

                 b) to the legislature and government of each
                    province in respect of all matters within the
                    authority of the legislature of each province.

          2) Notwithstanding subsection (1), section 15 shall not
             have effect until three years after this section comes
             into force.


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.

          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.

          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.

          4) Parliament or a legislature of a province may re-enact a
             declaration made under subsection (1).

          5) Subsection (3) aoolies in respect of a re-enactment made
             under subsectioin (4).

Citation

34.       This part may be cited as the 'Canadian Charter of Rights
          and Freedoms'.

end.../OS


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