Charter of Rights

Canadian Charter of Rights and Freedoms Summary

The Canadian Charter of Rights and Freedoms (1982) is entrenched in the Constitution Act, 1982, giving it the highest legal authority in Canada. It applies to all levels of government — federal and provincial — and cannot be altered without a constitutional amendment.

Fundamental Freedoms (Section 2):

  • Freedom of conscience and religion
  • Freedom of thought, belief, opinion, and expression, including the press
  • Freedom of peaceful assembly and association

Democratic Rights (Sections 3–5):

  • Every citizen has the right to vote and run for office
  • Federal and provincial elections must be held at least every 5 years
  • Parliament and legislatures must sit at least once per year

Mobility Rights (Section 6):

  • Citizens have the right to enter, remain in, and leave Canada
  • Citizens and permanent residents have the right to live and work in any province

Legal Rights (Sections 7–14):

  • Right to life, liberty, and security of the person
  • Protection from unreasonable search and seizure
  • Protection from arbitrary detention or imprisonment
  • Right to be informed of reasons for arrest and to retain legal counsel
  • Right to a fair trial within a reasonable time
  • Protection from cruel and unusual treatment or punishment
  • Right to an interpreter in legal proceedings

Equality Rights (Section 15):

  • Every individual is equal before and under the law
  • Protection from discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability

Language Rights (Sections 16–22):

  • English and French are the official languages of Canada
  • Both languages have equal status in Parliament and federal institutions

Minority Language Education Rights (Section 23):

  • Citizens whose first language is French or English have the right to have their children educated in that language where numbers warrant

Indigenous Rights (Section 25):

  • The Charter cannot be interpreted to abrogate or derogate from existing Aboriginal, treaty, or other rights of Indigenous peoples

Multiculturalism (Section 27):

  • The Charter must be interpreted in a manner consistent with the preservation and enhancement of Canada's multicultural heritage

Gender Equality (Section 28):

  • All Charter rights are guaranteed equally to male and female persons

Notable Omission — Property Rights and Land Title:

  • The Charter deliberately excludes property rights — a controversial decision made during the 1981 constitutional negotiations
  • As a result, governments can pass legislation affecting property ownership and land title without automatically triggering Charter protections
  • This is particularly significant in BC and across Canada where land title disputes — including Indigenous land claims — are governed by provincial law and common law, not the Charter
  • The only federal statutory protection of property rights in Canada remains in the Canadian Bill of Rights (1960), Section 1(a) — but it applies only to federal laws and carries weaker legal standing than the Charter

Enforcement (Section 24):

  • Anyone whose Charter rights have been violated can apply to a court for a remedy
  • Courts may exclude evidence obtained in violation of the Charter

The Notwithstanding Clause (Section 33):

  • Parliament or a provincial legislature can pass laws that operate notwithstanding certain Charter rights
  • Such overrides must be renewed every 5 years and are subject to public and political scrutiny
  • This clause has been used by provinces including Quebec and Ontario

Key Takeaway: The Charter is Canada's most powerful rights document — but it is not absolute. Property rights, land title, and certain other interests fall outside its protection, leaving Canadians reliant on provincial legislation, common law, and the weaker federal Bill of Rights for those safeguards.

The Notwithstanding Clause (Section 33)Section 33 allows federal or provincial governments to temporarily override certain Charter rights — including freedom of expression, legal rights, and equality rights — for up to five years at a time. It is not an emergency tool; Canada's Emergencies Act serves that purpose. Section 33 has been invoked for policy reasons, such as Quebec's language laws and Ontario's election sign legislation. Critics argue it gives governments too much power to sidestep fundamental rights, while supporters say it preserves democratic flexibility.