The Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is part of the Constitution Act, 1982. Queen Elizabeth II proclaimed it in force on 17 April 1982. Pierre Trudeau was Prime Minister and had pushed for it. Quebec did not agree to the new Constitution, but the Charter still applies in Quebec, as in every province. Its first words say that Canada is founded on principles that recognize the supremacy of God and the rule of law.

Section 2 of the Charter gives everyone in Canada four fundamental freedoms. The first is freedom of conscience and religion: you may follow any religion, or none. Canada has no state religion. The second is freedom of thought, belief, opinion and expression, including a free press. The third is freedom of peaceful assembly, so people can meet and protest peacefully. The fourth is freedom of association, for example to join a union or a club.

Every Canadian citizen has the right to vote in federal and provincial elections and to stand as a candidate (section 3). For federal elections you must be a citizen and at least 18 years old on election day. Section 4 says the House of Commons and each provincial legislature cannot last more than five years without an election. The only exception is a real or feared war, invasion or insurrection.

Section 6 protects the right to move. Every citizen may enter Canada, stay in Canada and leave it. Citizens and permanent residents may also move to any province, live there and work there. Some limits are allowed. For example, a province may ask new residents to wait a reasonable time before they can use some public social services.

The Charter protects people who deal with the police and the courts. If you are arrested, you must be told why. You have the right to a lawyer without delay, and to be told about that right. You can use habeas corpus to challenge your detention (section 10). A person charged with a crime is presumed innocent until proven guilty, and has the right to a fair and public hearing before an independent and impartial court (section 11).

Section 15 says everyone is equal before and under the law. The law must protect everyone without discrimination, for example because of race, religion, sex, age or disability. Programs that help disadvantaged groups are allowed. Section 15 came into force in 1985, three years after the rest of the Charter. Governments needed that time to check their laws. Section 28 adds that all Charter rights apply equally to men and women.

English and French are the official languages of Canada and have equal status in Parliament and federal government. New Brunswick is the only province where the Charter makes both languages official (section 16). Section 23 protects minority language education. In a province where English or French is the minority language, eligible parents can have their children taught in that language, in public schools where there are enough pupils.

The Charter cannot take away the rights of Indigenous peoples. Section 25 protects their Aboriginal and treaty rights, including rights from the Royal Proclamation of 1763 and from land claim agreements. Section 35 of the Constitution Act, 1982 recognizes these rights and names three Aboriginal peoples: First Nations, Inuit and Métis. Section 27 says courts must read the Charter in a way that protects and builds on Canada's multicultural heritage.

Charter rights are strong, but they are not unlimited. Section 1 allows reasonable limits set by law, if they can be justified in a free and democratic society. Section 33, the "notwithstanding clause", lets Parliament or a provincial legislature pass a law that operates despite some Charter rights. Such a declaration ends after five years unless the legislature passes it again.