Is the Canadian Charter of Rights allowing people to peacefully protest dead?
Do we have a right to peaceful protest WHEN the goverment says we can?
Do we have a right to peaceful protest WHERE the goverment says we can?
Do we have a right to peaceful protest as long as it’s not against the governing body?
What is the point having a charter that says people can protest peacefully, then arrest them for doing so?
Place the Charter in the bonfire along with the rest of this country as long as we have Just-in blackface leading it…
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
- 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 - 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 - 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. 4.(1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of
the writs at a general election of its members. (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by
Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than
one-third of the members of the House of Commons or the legislative assembly, as the case may be. 5. There shall be a sitting of Parliament and of each
legislature at least once every twelve months.
Mobility Rights
6.(1) Every citizen of Canada has the right to enter, remain in and leave Canada. (2) Every citizen of Canada and every person who has the status of a
permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any
province. (3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a province other than those that
discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency
requirements as a qualification for the receipt of publicly provided social services. (4) Subsections (2) and (3) do not preclude any law, program or activity
that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of
employment in that province is below the rate of employment in Canada.
Legal Rights - 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. 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or
imprisoned. 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. 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 the time of the act
or omission, it constituted an offence under 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. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. - 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. 14. A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
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.
Official Languages of Canada
16.(1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of
the Parliament and government of Canada. (2) English and French are the official languages of New Brunswick and have equality of status and equal rights
and privileges as to their use in all institutions of the legislature and government of New Brunswick. (3) Nothing in this Charter limits the authority of
Parliament or a legislature to advance the equality of status or use of English and French. 16.1(1) The English linguistic community and the French linguistic
community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct
cultural institutions as are necessary for the preservation and promotion of those communities. (2) The role of the legislature and government of New
Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed. 17.(1) Everyone has the right to use English or
French in any debates and other proceedings of Parliament. (2) Everyone has the right to use English or French in any debates and other proceedings of the
legislature of New Brunswick.18.(1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language
versions are equally authoritative. (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and
French and both language versions are equally authoritative.19.(1) Either English or French may be used by any person in, or in any pleading in or process
issuing from, any court established by Parliament. (2) Either English or French may be used by any person in, or in any pleading in or process issuing from,
any court of New Brunswick. 20.(1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head
or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of
any such institution where (a) there is a significant demand for communications with and services from that office in such language; or (b) due to the nature
of the office, it is reasonable that communications with and services from that office be available in both English and French. (2) Any member of the public in
New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New
Brunswick in English or French. 21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English
and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.22. Nothing in sections 16
to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter
with respect to any language that is not English or French.
Minority Language Educational Rights
23.(1) Citizens of Canada (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province
in which they reside, or (b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in
which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their
children receive primary and secondary school instruction in that language in that province. (2) Citizens of Canada of whom any child has received or is
receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary
school instruction in the same language. (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and
secondary school instruction in the language of the English or French linguistic minority population of a province (a) applies wherever in the province the
number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
(b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities
provided out of public funds.
Enforcement
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 - 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 peoples 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. 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. 27. This Charter shall be
interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. 28. Notwithstanding anything in this
Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons. 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. 30. A reference in
this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the
Northwest Territories, or to the appropriate legislative authority thereof, as the case may be. 31. Nothing in this Charter extends the legislative powers of
any body or authority.
Application of Charter
32.(1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters
relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the
authority of the legislature of each province. (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes
into force. 33.(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the
Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. (2) An Act or a provision of an
Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter
referred to in the declaration. (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier
date as may be specified in the declaration.(4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).(5)
Subsection (3) applies in respect of a re-enactment made under subsection (4).
Citation - This Part may be cited as the Canadian Charter of Rights and Freedoms.
“We must now establish the basic principles, the basic values and beliefs which hold us together as Canadians so that beyond our regional loyalties there is a way of life and a
system of values which make us proud of the country that has given us such freedom and such immeasurable joy.”
