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If a limit to the right or freedom is set out in the law, the government will have an opportunity to show that the limit is reasonable under section 1 of the Charter. If the court is not convinced by the government’s argument, then it can grant a remedy that is just and appropriate in the circumstances.
- 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.
Jun 1, 2006 · There is no limit on how many times a legislature may re-invoke the Notwithstanding clause to protect a particular law or action. This term limit has significance within the context of Canada’s electoral system. Under Canada’s Constitution, general elections (federally, provincially, and territorially) must be held at least every five years.
- Written Constitution. The written Constitution is Canada’s supreme law. It overrides any laws that are inconsistent with it. The Constitution of Canada includes the British North America Act, 1867; the Statute of Westminster, 1931 (to the extent that it applies to Canada); the Constitution Act, 1982; any amendments to these acts; and the acts and orders that brought new provinces and territories into the Canadian federation.
- Constitution Act, 1867. The British North America Act (now called the Constitution Act, 1867) merged three British colonies — the Province of Canada (present-day Ontario and Quebec), Nova Scotia and New Brunswick — into a new federation called Canada, with its capital in Ottawa.
- Parliament and the Legislatures. The federal Parliament is composed of the monarch and two houses: the Senate and the House of Commons. There are now 105 members of the Senate: 24 each for Ontario, Quebec, and the Maritimes (10 for Nova Scotia, 10 for New Brunswick, 4 for Prince Edward Island); 24 for the West (six each for British Columbia, Alberta, Saskatchewan, Manitoba); six for Newfoundland and Labrador; and one each for Yukon, the Northwest Territories and Nunavut.
- Other Constitutional Statutes. Also part of the written Constitution are the acts and orders that admit new provinces and territories. These include: the Manitoba Act, 1870; the Rupert’s Land and North-Western Territory Order (1870); the British Columbia Terms of Union (1871); the Prince Edward Island Terms of Union (1873); the Adjacent Territories Order (1880); the Canada (Ontario Boundary) Act, 1889; the Alberta Act (1905); the Saskatchewan Act (1905); the Newfoundland Act (1949); and the Constitution Act, 1999 (Nunavut).
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.
The Constitution of Canada includes the Constitution Act, 1867, and the Constitution Act, 1982. It is the supreme law of Canada. It reaffirms Canada's dual legal system and also includes Aboriginal rights and treaty rights. What does our Constitution say?
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Thus the judicial function in the course of judicial review under a constitutional bill of rights should combine a respect for both the fundamental principles of consent and the moral, rational or normative character of obligation. In so doing, the judicial function will reflect the Canadian political will.
