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The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Charter is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates.
- 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.
The other way rights can be limited is by the government using the “notwithstanding” clause in the Charter. Section 33 of the Charter allows either a provincial or the federal government to declare that a law it makes does not have to comply with certain Charter rights. [6]
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.
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.
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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.
