Charter Basics
In what year did the Canadian Charter of Rights and Freedoms become part of Canada’s Constiution?
1982.
Which Charter freedom protects your ability to express opinions?
Freedom of thought, belief, opinion and expression (Section 2(b)).
True or false: Freedom of expression means you can say absolutely anything without legal consequences.
False. Expression can be subject to justified legal limits.
A student peacefully criticizes a new government policy online. Which freedom is most relevant?
Freedom of expression.
What section of the Charter protects equality before and under the law?
Section 15.
The Charter is part of which important Canadian legal document?
The Constitution Act, 1982. (Part of Canada’s Constitution).
Which right protects Canadian citizens’ ability to vote in federal and provincial elections?
Democratic rights (Section3).
True or false: Only Canadian citizens have every right protected by the Charter.
False. Many rights protect everyone in Canada; some, such as voting rights, are limited to citizens.
Police search someone’s home without a warrant. Which Charter protection might be involved
Protection against unreasonable search or seizure (Section 8). A warrantless search is not automatically unconstitutional.
What is the minimum number of times the House of Commons and provincial legislatures must meet each year?
At least once every 12 months (Section 5).
Who is primarily bound by the Charter?: governments or private individuals?
Governments, including federal and provincial governments.
Which section protects the right to life, liberty and security of the person?
Section 7.
True or false: Peaceful protests can be protected under the Charter.
True. Freedom of peaceful assembly is protected under Section 2(c).
A Canadian citizen is prevented from leaving Canada by a government restriction. Which right might be affected?
Mobility rights (Section 6).
A government bans all public demonstrations, including peaceful ones. Identify a Charter freedom potentially violated.
Freedom of peaceful assembly (Section 2(c); freedom of expression may also be affected.
What does Section 1 of the Charter allow?
Reasonable limits on rights that can be justified in a free and democratic society.
Which Charter right protects people against unreasonable search or seizure?
Section 8.
True or false: The Charter guarantees every Canadian citizen the right to vote at 16.
False. The voting age for federal and provincial elections is generally 18.
A government law treats people differently based on their religion. Which Charter right may be violated?
Equality rights (Section 15), potentially also freedom of religion (Section 2(a)).
If a court finds that a law unjustifiably violates the Charter, what can happen to that law?
The court may declare the law invalid or of no force or effect, to the extent of the inconsistency.
What is the name of the clause that allows Parliament or a provincial legislature to temporarily override certain Charter rights?
The notwithstanding clause (Section 33)
What right protects people from cruel and unusual treatment or punishment?
Section 12.
True or false: The notwithstanding clause can override every Charter right, including voting rights.
False. It applies only to Section 2 and Sections 7-15, not democratic rights.
A person is arrested and asks to speak to a lawyer but police refuse to allow it without delay. Which right is involved?
The right to retain and instruct counsel without delay and to be informed of that right (Section 10(b)).
A province uses Section 33 to override an equality right. Does that mean the override lasts forever?
No. A declaration under Section 33 expires after a maximum of five years, although it may be re-enacted.