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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.
In Canada, an individual’s human rights are protected by the Constitution, as well as federal, provincial and territorial laws. Canada’s human rights laws often reflect international human rights instruments such as the Universal Declaration of Human Rights.
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.
Although the Charter protects the rights and freedoms of people in Canada, the Charter only protects those rights and freedoms from the governments in Canada. Some rights also only apply to Canadian citizens while other rights can apply to anyone in Canada.
The Charter protects everyone against unreasonable laws that could lead to imprisonment or harm their physical safety. The law may still comply with the Charter if it is consistent with a basic set of values.
People also ask
What rights does the Constitution protect?
Does the Constitution protect people against unreasonable laws?
What rights does the Canadian Constitution protect?
Why is the Constitution important?
What rights does the Constitution guarantee?
What if a law contradicts the Canadian Charter of rights & freedoms?
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.
