Whereas Canada
is founded upon principles that recognize the supremacy of God and the
rule of law:
1. The 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.
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;
(c) freedom of peaceful assembly; and
(d) freedom of association.
DEMOCRATIC RIGHTS OF CITIZENS.
3. Every citizen of
Canada has the right to vote in an election of members of the
House of Commons or of a legislative assembly and to be qualified for
membership therein.
LEGAL RIGHTS: LIFE, LIBERTY AND SECURITY OF PERSON.
7. Everyone has the right to life, liberty and security of the person and
the right
not to be deprived thereof except in accordance with the principles of
fundamental justice.
SEARCH OR SEIZURE.
8. Everyone has the right to be secure against unreasonable search or seizure.
DETENTION OR IMPRISONMENT.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
ARREST OR DETENTION.
10. Everyone has the right on arrest or detention:
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of
that right;
and
(c) to have the validity of the detention determined by way of habeas corpus
and to be released if the detention is not lawful.
PROCEEDINGS IN CRIMINAL AND PENAL MATTERS.
11. Any person charged with an offence has the right
(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person
in
respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair
and
public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a
military
tribunal, to the benefit of trial by jury where the maximum punishment
for the
offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at
Canadian
or international law or was criminal according to the general principles
of law
recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and,
if finally
found guilty and punished for the offence, not to be tried or punished
for it
again; and
(i) if found guilty of the offence and if the punishment for the offence
has been
varied between the time of commission and the time of sentencing, to the
benefit
of the lesser punishment.
TREATMENT OR PUNISHMENT.
12. Everyone has the right not to be subjected to any cruel and unusual
treatment or punishment.
SELF-INCRIMINATION.
13. A witness who testifies in any proceedings has the right not to have
any
incriminating evidence so given used to incriminate that witness in any
other
proceedings, except in a prosecution for perjury or for the giving of
contradictory evidence.
EQUALITY RIGHTS:
EQUALITY BEFORE
AND UNDER LAW AND EQUAL PROTECTION AND
BENEFIT OF
LAW / Affirmative action programs.
15. (1) Every individual is equal before and under the law and has the
right to
the equal protection and equal benefit of the law without discrimination
and, in
particular, without discrimination based on race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that
has as its
object the amelioration of conditions of disadvantaged individuals or groups
including those that are disadvantaged because of race, national or ethnic
origin,
colour, religion, sex, age or mental or physical disability.
ENFORCEMENT
OF GUARANTEED RIGHTS AND FREEDOMS / Exclusion of
evidence bringing
administration of justice into disrepute.
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter,
have
been infringed or denied may apply to a court of competent jurisdiction
to
obtain such remedy as the court considers appropriate and just in the
circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that
evidence was obtained in a manner that infringed or denied any rights or
freedoms guaranteed by this Charter, the evidence shall be excluded if
it is
established that, having regard to all the circumstances, the admission
of it in the
proceedings would bring the administration of justice into disrepute.
GENERAL:
ABORIGINAL RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER.
25. The guarantee in this Charter of certain rights and freedoms shall
not be
construed so as to abrogate or derogate from any aboriginal, treaty or
other
rights or freedoms that pertain to the aboriginal people of Canada including:
(a) any rights or freedoms that have been recognized by the Royal Proclamation
of October 7, 1763; and
(b) any rights or freedoms that now exist by way of land claims agreements
or
may be so acquired.
OTHER RIGHTS AND FREEDOMS NOT AFFECTED BY CHARTER.
26. The guarantee in this Charter of certain rights and freedoms shall
not be
construed as denying the existence of any other rights or freedoms that
exist in
Canada.
MULTICULTURAL HERITAGE.
27. This Charter shall be interpreted in a manner consistent with the
preservation and enhancement of the multicultural heritage of Canadians.
RIGHTS GUARANTEED EQUALLY TO SEXES.
28. Notwithstanding anything in this Charter, the rights and freedoms referred
to in it are guaranteed equally to male and female persons.
RIGHTS RESPECTING CERTAIN SCHOOLS PRESERVED.
29. Nothing in this Charter abrogates or derogates from any rights or privileges
guaranteed by or under the Constitution of Canada in respect of
denominational, separate or dissentient schools
This information was provided by and used with permission from The Witches Voice Inc.
