Charter of Rights in Canada

Canadian's constitutional rights are guaranteed by the Charter of Rights.

The Canadian Charter of Rights and Freedoms forms one of the most important parts of Canadian law. It is part of Canada's constitution and no other Canadian laws or courts may contradict or override it.

Fundamental Freedoms

Section 2 of the Canadian Charter of Rights and Freedoms guarantees everyone in Canada has four basic rights or freedoms. The first is freedom of conscience and religion; the second is freedom of thought, belief, opinion and expression. Third on the list is freedom of peaceful assembly, while the fourth is freedom of association.

Democratic Rights

The Charter of Rights and Freedoms specifies in Sections 3 and 4 that all Canadian citizens, provided they meet certain fair criteria, have the right to vote and to stand for political office. The Charter of Rights also specifies that elections must be fair and unless there are extraordinary reasons, no government may remain in office for more than five years.

Mobility Rights

Section 6 of the Canadian Charter of Rights sets out the mobility rights of every citizen and permanent resident. Canadian citizens are permitted to enter, remain in, and to leave, the country. Moreover, all permanent residents as well as citizens are allowed to enter, work in or own businesses in any province or territory of Canada.

Equality Rights

The Charter of Rights and Freedoms in Section 15 grants everyone in Canada equality under Canadian law. Everyone in Canada is guaranteed equal protection of the law without regard to their race, ethnicity, religion, national origin, color, mental or physical disability, age or sex. Individuals are further protected from discrimination based upon individual circumstances such as marital status, sexual orientation and citizenship.

References

• Canadian Charter of Rights and Freedoms: Inside the Charter
• Canadian Charter of Rights and Freedoms