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CONSTITUTION ACT, CONSTITUTION ACT, 19821982

Some Notable Features Some Notable Features

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PART IPART ICANADIAN CHARTER OF CANADIAN CHARTER OF RIGHTS AND FREEDOMSRIGHTS AND FREEDOMS

Whereas Canada is founded upon principles Whereas Canada is founded upon principles that recognize the supremacy of God and the that recognize the supremacy of God and the rule of law: rule of law:

1. The The Canadian Charter of Rights and Canadian Charter of Rights and FreedomsFreedoms guarantees the rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable set out in it subject only to such reasonable limits prescribed by law as can be demonstrably limits prescribed by law as can be demonstrably justified in a free and democratic society. justified in a free and democratic society. [[OakesOakes test] test]

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Fundamental freedoms

2. Everyone has the following fundamental Everyone has the following fundamental freedoms: freedoms:

(a)(a) freedom of conscience and religion; freedom of conscience and religion; (b)(b) freedom of thought, belief, opinion and freedom of thought, belief, opinion and

expression, including freedom of the press expression, including freedom of the press and other media of communication;and other media of communication;

(c)(c) freedom of peaceful assembly; and freedom of peaceful assembly; and (d)(d) freedom of association. freedom of association.

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Legal RightsLegal Rights

Life, liberty and security of person 7. Everyone has the right to life, liberty and Everyone has the right to life, liberty and

security of the person and the right not to security of the person and the right not to be deprived thereof except in accordance be deprived thereof except in accordance with the principles of fundamental justice. with the principles of fundamental justice.

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Treatment or punishment

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

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Equality before and under law and equal protection and benefit of law

15. (1) Every individual is equal before and (1) Every individual is equal before and under the law and has the right to the under the law and has the right to the equal protection and equal benefit of the equal protection and equal benefit of the law without discrimination and, in law without discrimination and, in particular, without discrimination based on particular, without discrimination based on race, national or ethnic origin, colour, race, national or ethnic origin, colour, religion, sex, age or mental or physical religion, sex, age or mental or physical disability. disability.

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Official languages of Canada

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

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Enforcement of guaranteed rights and freedoms

24. (1) Anyone whose rights or freedoms, (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been as guaranteed by this Charter, have been infringed or denied may apply to a court of infringed or denied may apply to a court of competent jurisdiction to obtain such competent jurisdiction to obtain such remedy as the court considers appropriate remedy as the court considers appropriate and just in the circumstances. and just in the circumstances.

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Exclusion of evidence bringing administration of justice into disrepute

(2) Where, in proceedings under subsection (1), (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a court concludes that evidence was obtained in a manner that infringed or denied any rights or a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the freedoms guaranteed by this Charter, the evidence shall be excluded if it is established evidence shall be excluded if it is established that, having regard to all the circumstances, the that, having regard to all the circumstances, the admission of it in the proceedings would bring admission of it in the proceedings would bring the administration of justice into disrepute.the administration of justice into disrepute.

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Multicultural heritage

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

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Override clauseOverride clause

33. 33. (1) Parliament or the legislature of a (1) Parliament or the legislature of a province may expressly declare in an Act province may expressly declare in an Act of Parliament or of the legislature, as the of Parliament or of the legislature, as the case may be, that the Act or a provision case may be, that the Act or a provision thereof shall operate notwithstanding a thereof shall operate notwithstanding a provision included in section 2 or sections provision included in section 2 or sections 7 to 15 of this Charter 7 to 15 of this Charter

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Operation of exceptionOperation of exception

(2) An Act or a provision of an Act in (2) An Act or a provision of an Act in respect of which a declaration made under respect of which a declaration made under this section is in effect shall have such this section is in effect shall have such operation as it would have but for the operation as it would have but for the provision of this Charter referred to in the provision of this Charter referred to in the declaration.declaration.

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Five year limitationFive year limitation

(3) A declaration made under subsection (3) A declaration made under subsection (1) shall cease to have effect five years (1) shall cease to have effect five years after it comes into force or on such earlier after it comes into force or on such earlier date as may be specified in the date as may be specified in the declaration.declaration.

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

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Primacy of Constitution of Primacy of Constitution of CanadaCanada

52. 52. (1) The Constitution of Canada is the (1) The Constitution of Canada is the supreme law of Canada, and any law that supreme law of Canada, and any law that is inconsistent with the provisions of the is inconsistent with the provisions of the Constitution is, to the extent of the Constitution is, to the extent of the inconsistency, of no force or effect. inconsistency, of no force or effect.