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the Canadian Charter nor the U.S. Constitution represent the only – or even the primary – protections for individual rights in their respective countries.
Feb 7, 2012 · The Canadian Charter of Rights and Freedoms may now be more influential than the United States Constitution, the New York Times reports, citing a study to be published by The New York University Law Review that shows nations around the world are no longer looking to the U.S. Constitution as a guide for their own.
One remarkable truth of the Canadian and United States federalisms is that each country has departed from the original understanding of the distribution of federal power as expressed in the Constitution.
- Martha A. Field
- 1992
- Guarantee of Rights and Freedoms – Section 1
- Fundamental Freedoms – Section 2
- Democratic Rights – Sections 3 to 5
- Mobility Rights – Section 6
- Legal Rights – Sections 7 to 14
- Equality Rights – Section 15
- Official Languages of Canada – Sections 16 to 22
- Minority Language Educational Rights – Section 23
- Enforcement – Section 24
- General – Sections 25 to 31
1. 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. The Charter protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and...
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. Under section 2of the Charter, Canadians are free to follow the religion of...
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
1. (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right: 1. to move to and take up residence in any province; and 2. to pursue the gaining of a livelihood in any province.
Limitation
1. (3) The rights specified in subsection (2) are subject to: 1. 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 2. any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
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
1. (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. Section 15 of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to b...
Language of instruction
23. (1) Citizens of Canada: 1. 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 2. 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...
Continuity of language instruction
1. (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
1. (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: 1. applies whenever 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 2. includes, where the number of those children so warrants, the right...
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
1. (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. Section 24 discusses the involvement of the court if an individual’s Charter rights have been denied. Anyone who belie...
Feb 26, 2018 · Before the Charter came into being, rights and freedoms were protected in Canada by a variety of laws. These included the 1960 Canadian Bill of Rights. Although important, none of these laws was part of the Constitution. They therefore lacked the supremacy and permanence of the Charter.
Apr 5, 2010 · It often seems in Canada that the federalism debate—who does what, who should do what, competition for turf and public support—trumps substantive policy debate, while in the United States, policy trumps federalism—but again perhaps not always.
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Mar 16, 2021 · This article focusses exclusively on Canada’s common law jurisdictions. 2 Amicus curiae means something different in Canada. 3 There is a Canadian Bill of Rights –but it’s not constitutional, and is of lesser legal relevance. Legal institutions in Canada1 and the United States share a common ancestor: British common law.
