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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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What rights do Canadians have?
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Can a government limit rights and Freedoms?
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.
- 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.
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 also free to express religious beliefs through prayer or by wearing religious clothing for example.
- Democratic rights. Every Canadian citizen has the right to vote in elections and to run for public office themselves. There are certain exceptions. For example, people must be 18 years old or older in order to vote.
- Mobility rights. Canadian citizens have the right to enter, remain in, and leave Canada. Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada.
- Legal Rights. Right to be secure against unreasonable search and seizure. The Charter protects everyone’s reasonable expectation to privacy. This means that no one can search you, take away your personal belongings or access your personal information without clear legal reasons.
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.
Feb 26, 2018 · Section 1 of the Charter gives governments the power to limit rights and freedoms, as long as those limits can be “demonstrably justified in a free and democratic society.” There have been numerous cases of the courts upholding such limits.
The Charter protects Canadians from government overreach and abuse, ensuring that the government or any entity acting on behalf of the government do not unreasonably interfere with the rights and freedoms of Canadians.
