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Section 1 of the Charter says that Charter rights can be limited by law so long as those limits can be shown to be reasonable in a free and democratic society. Who does the Charter protect and what rights are protected?
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.
- 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.
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 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. Authorities acting on behalf of the government, such as the police, must carry out their duties in a fair and reasonable way.
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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.