The Charter (part of the Constitution, 1982) protects a wide range of rights:

• Fundamental Freedoms (s.2)

  • Freedom of conscience and religion

  • Freedom of thought, belief, opinion, and expression (including the press)

  • Freedom of peaceful assembly

  • Freedom of association

• Democratic Rights (ss.3–5)

  • Right of every Canadian citizen, 18 or older, to vote in federal, provincial, and territorial elections

  • Right to run for elected office

  • Elections must be held at least every five years; Parliament and legislatures must sit at least once every 12 months

• Mobility Rights (s.6)

  • Citizens have the unconditional right to enter, remain in, and leave Canada

  • Citizens and permanent residents can move to, live in, and seek employment in any province

• Legal Rights (ss.7–14)

  • Right to life, liberty, and security of the person

  • Protection against unreasonable search and seizure, arbitrary arrest or detention

  • Right to counsel and fair, timely trial before an independent tribunal

  • Presumption of innocence until proven guilty

  • Protection against cruel and unusual treatment or punishment

  • Right to an interpreter in criminal proceedings if you do not understand the language

• Equality Rights (s.15)

  • Equal protection and benefit of the law without discrimination, particularly on grounds such as race, national or ethnic origin, colour, religion, sex, age, or mental/physical disability

• Official Languages & Minority Language Education Rights (ss.16–23)

  • English and French are official languages of Canada and equal in Parliament, government, and federal courts

  • Citizens have the right to education in English or French where numbers warrant (especially for official-language minorities)

Government of Canada – Guide to the Charter

Yes. Rights are not absolute. Section 1 of the Charter states that they are subject to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

• Courts apply the Oakes Test:

  1. The law’s objective must be pressing and substantial (e.g., protecting public safety).

  2. The means chosen must be rationally connected to that objective.

  3. The limit must impair rights as little as possible (“minimal impairment”).

  4. There must be proportionality — the benefits of the limit must outweigh its negative effects on rights.

• Examples of justified limits:

  • Limits on freedom of expression (e.g., hate speech laws, criminalizing incitement to violence)

  • Limits on mobility rights during a public health emergency (e.g., pandemic restrictions)

Justice Canada – Section 1

• The Charter does not contain a list of “absolute” rights.

• Most rights can be limited under section 1 or set aside temporarily using section 33 (the notwithstanding clause), which lets Parliament or a provincial legislature override certain Charter provisions for up to five years.

• However, some rights cannot be overridden:

  • Democratic rights (ss.3–5): the right to vote, run for office, and maximum duration of legislatures

  • Mobility rights (s.6): right to enter and remain in Canada

  • Language rights (ss.16–23): official language and minority-education rights

Justice Canada – Section 33

The Charter protects rights, but citizenship also carries responsibilities:

• Obey the law: cornerstone of Canadian society

• Vote in elections: a democratic duty to shape governance

• Serve on a jury when called: ensures fairness in the justice system

• Defend Canada: if required, by serving the country

• Respect others’ rights and freedoms: citizenship is reciprocal

• Preserve heritage and environment: safeguarding Canada for future generations

Discover Canada – Rights and Responsibilities

• Section 24(1): Anyone whose rights are infringed can apply to a court for an appropriate and just remedy.

  • Examples: striking down an unconstitutional law, halting government action, awarding damages.

• Section 24(2): Courts may exclude evidence obtained in violation of Charter rights if admitting it would bring the administration of justice into disrepute.

• You can also pursue complaints through human rights commissions/tribunals at the provincial and federal levels.

Justice Canada – Remedies under the Charter

• The Charter applies equally across Canada.

• However, provinces and territories have their own human rights legislation (e.g., Ontario Human Rights Code, Quebec Charter of Human Rights and Freedoms) which can expand protections (housing, services, workplace rights), but cannot reduce Charter rights.

• This means citizens’ minimum rights are uniform, but additional protections vary regionally.

Canadian Human Rights Commission – Human Rights in Canada

Section 1 ensures rights are not absolute but balanced against collective needs. Courts consider:

• Pressing and substantial objective: Is the law addressing a serious societal concern?

• Proportionality: Does the law impair the right minimally and balance harms/benefits fairly?

• Context matters: For example, limits during war, national security crises, or public health emergencies may be upheld where they would not in normal times.

• Example: R. v. Oakes (1986) — the Supreme Court struck down a reverse onus law on drug possession because it disproportionately violated the presumption of innocence.

Justice Canada – Section 1