The Assembly of the
University of the Universe

 

Canadian Charter of Rights and Freedoms - 1867 to2005
Note: Excerpts Only All Sections on-line
@ Department of Justice Canada

Preamble

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. 

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; 

3.         Every Citizen 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. 

            6.(2) Every citizen of Canada and every permanent resident of Canada has
            the right 

            (a) to move and take up residence in any province; and 

            (b) to pursue the gaining of a livelihood in any province. 

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. 

 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 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; 

        (d) to be presumed innocent until proven guilty according to law in a fair and             public hearing by an independent and impartial tribunal; (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; 

12.       Everyone has the right not to be subjected to any cruel and unusual treatment             or punishment. 

 

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 with out discrimination and, in             particular, without discrimination based on race, national or ethnic origin,             colour, religion, sex, age or mental or physical disability. 

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. 

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. 

31.       Nothing in this Charter extends the legislative powers of any body or             authority. 

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. 

33.(1)   Parliament or the legislature of a province may expressly declare in an Act of             Parliament o rof 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. 

52.(1)   The Constitution of Canada is the supreme law of Canada, and any law that is          inconsistent with the provisions of the Constitution is, to the extent of the             inconsistency, of no force or effect.