The Canadian Charter of Rights and Freedoms

1. it governs the relationship between individuals and the government

2. makes sure governments can't pass laws that infringe unfairly upon our rights and freedoms 23 protects our civil rights whereas human rights legislation protects our human rights

1. Entities controlled by the government and/or exercise governmental functions (ex. police)

2. Entities implementing government programs and/or exercising statutory powers (ex, law societies, provincial human rights commissions)

the act of making or enacting laws

Applies to all 1) laws and 2) regulations including federal and provincial statutes, municipal bylaws and other delegated legislation (ex, rules of professional conduct)

Section 1

1. Your rights are those listed in the charter

2. Your rights are not absolute

If a court find that a piece of legislation or government conduct infringes a charter protected right, it must carry out an analysis to determine whether that infringement is justifiable. This determination is made using the " Oakes test"

Fundemental Freedoms

1. Fundamental rights and freedoms are a basic and essential to the quality of life

2. They can only be infringed (take away or violated) upon by government in the most dire of circumstances

Democratic Rights

1. Sets out the rights and provisions concerning the political process and democracy for Canadian citizens

1. Concern the Canadian Citizens to be in and move within Canada

2. Applies to Canadian citizens, however the provisions for travelling and working in Canada also apply to permanent residents

Mobility Rights

1. The way in which a person in Canada are protected in encounters with the justice system

Legal Rights

An order to produce an arrested person before a judge.

the prosecution of a person twice for the same offense.

It prohibits anyone from being prosecuted twice for substantially the same crime

testifying against oneself information that will suggest your involvement in a crime

Race, national or ethnic origin, colour, religion, sex, age or mental or physical disability

Sexual orientation, marital status, citizenship and Aboriginality- residence

A set of policies/practices in a government or organization trying to include particular groups based on their gender, race, sexuality etc, which are underrepresented

Equality Rights

How Canadians have the right not to be discriminated against by the government due to to being members of certain communities and social identity groups.

Many of these groups were originally included in this section (enumerated grounds) while others have since been added by the courts (analogous)

Official Languages

These sections grant the use of both English and French in federal government institutions

It provides a right for speakers of either official language to have their children receive primary and secondary instruction in that language

If there is a lot in a community, they have the right to have that education paid for by public funds.

Minority Languages

S. 24&52 Enforcement of Guaranteed Rights and Freedoms

Section 24 allows parties to bring forward a claim to the courts when they feel their rights are being violated

Section 52 (of the Constitution Act of 1982) states that the Constitution of Canada is the supreme law of the land

Allows parliament or provincial languages to override some charter protected rights found in section 2 and 7-15. It cannot be used to override any other sections

Changes that require the federal government and seven of the ten provincial legislatures to approve of the change, and these provinces must account for 50% of the total Canadian population. 7/50 rule

reasonable cause for issuing a search warrant or making an arrest

ex. the heat lamps where marijuana is grown and people calling in to say something is suspicious

Section 8 guarantees that "everyone has the right to be secure against unreasonable search or seizure."

Limits and guarantees your charter rights

Allows certain limits to be set on rights and freedoms

Not Absolute

limit rights without justification. Thus it both limits and guarantees Charter rights

It applies in cases where a Charter infringement is being argued

The Oakes Test

• David Oakes was charged with possession of drugs, and possession of intent to traffic. At the time of the trial, a person charged with drug possession was automatically charged with possession with the intent to traffic

• If a person was found guilty of possession of drugs, s.8 of the National Crime Agency (NCA) placed the duty/responsibility on the person to prove that there was no intent to traffic and if they could not prove lack of intent, they would automatically be found guilty of the charge.

• Oakes challenged this section of the NCA as an infringement (harm/violation) of his 11(d) Charter rights The SCC found that s. 8 of the NCA (above) did violate s.11(d) of the CCRF (innocent until proven guilty)

• Therefore the courts had to consider if the infringement was justified under s.1 (!! S.l applies in cases where a Charter infringement is being argued !!)

The judge or jury cannot consider a piece of evidence while making their decision if it is a result of a violation

1. Prescribed By Law

2. Pressing and Substantial

3. Proportionality

The Oakes Test