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- The Charter recognizes that even in a democracy, rights and freedoms are not absolute. Section 1 of the Charter allows the government to put limits on rights and freedoms if that limit: is set out in law pursues an important goal which can be justified in a free and democratic society pursues that goal in a reasonable and proportionate manner
www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/learn-apprend.html
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It gives Parliament and provincial and territorial legislatures limited power to pass laws that may limit certain Charter rights – namely fundamental freedoms, legal and equality rights. They can only do this if they clearly state that a particular law is exempt from the Charter.
Section 1 of the Charter allows the government to put limits on rights and freedoms if that limit: Section 33 of the Charter, also called the notwithstanding clause, allows Canada’s Parliament, provincial and territorial legislatures to pass laws that may violate certain Charter rights.
- Fundamental freedoms. Everyone in Canada is free to practise any religion or no religion at all. We are free to think our own thoughts, speak our minds, to gather peacefully into groups and to associate with whomever we wish, as long as we do not infringe valid laws which protect the rights and interests of others.
- Democratic rights. Every Canadian citizen has the right to vote in elections for Members of Parliament and representatives in provincial and territorial legislatures, and to seek election themselves, subject to certain limited exceptions (for example, minimum voting age), which have been found to be reasonable and justifiable.
- Mobility rights. Canadian citizens have the right to enter, remain in, or leave the country. Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada.
- Legal rights. Everyone, regardless of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, is equal before the law.
The Canadian Charter of Rights and Freedoms is a significant part of our Constitution – the supreme law in Canada. Any law that contradicts the Charter may be invalid. Until 1982, only British Parliament had the power to change our Constitution.
Feb 26, 2018 · The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land.
Apr 22, 2012 · The Charter of Rights and Freedoms guarantees — and sets limits to — the fundamental rights and freedoms of Canadians. Under the notwithstanding clause, the federal Parliament or the provincial legislatures can exempt any law from certain Charter provisions for up to five years.
Signed in 1982 under the Trudeau administration (and following extensive negotiations), the Charter of Rights and Freedoms provides legal protection for citizens’ rights to free speech, religion, and freedom from discrimination by limiting government power.
