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In Canada, the Constitution, as well as federal, provincial and territorial laws, protect our human rights and fundamental freedoms. The Canadian Bill of Rights , passed in 1960, was the first federal human rights law in Canada.
- Guarantee of rights and freedoms – section 1 1. Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
- Fundamental freedoms – section 2 2. Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
- Democratic rights – sections 3 to 5. Democratic rights of citizens – section 3. Maximum duration of legislative bodies – section 4. Annual sitting of legislative bodies – section 5.
- Mobility rights – section 6. Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. Rights to move and gain livelihood.
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 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.
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 created constitutional protections for individual rights and freedoms, which apply to laws and governments across. • The Charter says that Canada’s government is justified in restricting rights, if the restrictions are necessary to maintain Canada as a free and democratic society.
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How are human rights protected?
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.
