(a)   Freedom of conscience and religion

(b)   Freedom of thought, belief, opinion and expression, including freedom of press and other media

(c)   Freedom of peaceful assembly

(d)   Freedom of association

NOTE:

Some provinces were concerned about how the courts might construe certain of the freedoms such as freedom of conscience.

(1)   Limits on maximum duration of House of Commons and legislatures (5 years)

(2)   except in case of national emergency

(1)   Right of citizen to enter, remain and leave Canada

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

(b)   pursue a livelihood in any province

(a)   to be told promptly of reasons therefor;

(b)   to retain and instruct counsel without delay and to be informed of that right

(c)   to remedy of habeas corpus

(a)   to be informed without unreasonable delay of the specific charge;

(b)   to be tried within reasonable time;

(c)   not to be called as a witness in own trial;

(d)   to presumption of innocence until proven guilty according to law in fair and public hearing before impartial tribunal;

(e)   not to be denied reasonable bail without just cause;

(g)   not to be found guilty of any act or omission unless at the time it constituted an offence under Canadian or international law or was criminal according to general principles of law recognized by the community of nations;

(h)   to protection against double jeopardy;

(i)     to benefit of lesser penalty where law is changed before sentencing

SECTIONS 7-14

NOTE:

Some provinces were concerned about the scope of the legal rights. In particular they felt that American jurisprudence on due process of law and admissibility of evidence could be imported into Canadian law. They did not want the courts to have broad powers to define such terms as reasonableness and promptly.

(1)   Rights of every individual to equality before and under the law and to equal protection and 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)   Exception

Those laws, programs or activities designed for “affirmative action” on behalf of disadvantaged individuals or groups including those disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

NOTE:

Even with the three year delay provision included in the Charter some provinces were concerned with the impact these rights would have on provincial legislation.

(1)   English and French official languages of Canada with equal status, rights and privileges re use in all federal institutions

(2)   English and French official languages of New Brunswick with equal status, rights and privileges re use in all provincial institutions

(3)   Charter does not limit Parliament or legislatures from advancing the equality of status or use of English and French

(1)   Right to use English or French in all debates and proceedings of Parliament

(2)   Right to use English or French in all debates and proceedings of the legislature of New Brunswick

(1)   Statutes, records and journals of Parliament to be in English and French and both versions equally authoritative

(1)   Right to use English or French in all proceedings of federally constituted courts

(2)   Right to use English or French in all proceedings of any courts in New Brunswick

(1)   Rights of public to communicate with and receive services in English or French from head or central office of any federal government institution and from any other office of such institution where

(a)   there is significant demand

(b)   due to the nature of the office it is reasonable

(2)   Right of public in New Brunswick to communicate with and receive services in English and French from any office of any institution of the government of New Brunswick

(1)   Right of Citizens of Canada

(a)   whose first language learned and still understood is the minority language of their province of residence or,

(b)   who received their primary school instruction in Canada in the minority language of the province in which they reside

to have their children receive their primary and secondary school instruction in that language

(2)   Right of Citizens of Canada of whom any child has or is receiving primary or secondary school instruction in English or French in Canada to have all their children receive this instruction in the same language

(3)   Rights in (1) and (2)

(a)   apply wherever numbers warrant

(b)   include the right to minority language educational facilities where numbers warrant

Quebec

Applied to Quebec—

Section 23 with the exception of subsection 23(1)(a). Section 23(1)(b), the “Canada Clause” and Section 23(2), the continuation of education right will provide reciprocity between Quebec and the other provinces. Mr. Levesque agreed to this reciprocity at the time of the St. Andrews and Montreal declarations of provincial First Ministers.

Opt-in for Quebec – A separate proclamation clause (Section 58) will provide a mechanism for Quebec to opt-in to Section 23(l)(a) once the National Assembly signifies its approval of this Section in respect of Quebec.

(1)   Anyone whose Charter rights have been infringed or denied may apply to a court to obtain remedy

(2)   When evidence is obtained in a manner that infringed or denied Charter rights the evidence will be excluded if its admission in proceedings would bring the administration of justice into disrepute

(a)   rights recognized by the Royal Proclamation of 1763;

(b)   rights that may be acquired by way of land claims settlement

(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

(1)   Charter applies

(a)   to Parliament and government of Canada and all matters within authority of Parliament including matters relating to Yukon Territories and North­west Territories

(2)   Section 15 will not have effect until three years after the Constitutional Act, 1981, except Part VI, comes into force

Same provision.

(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, or section 28 of this Charter in its application to discrimination based on sex referred to in section 15.

(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.

Section 2 – Fundamental Freedoms

Section 7 to 14 – Legal Rights

Section 15 – Equality Rights

Section 28 – Rights guaranteed to both sexes

Any notwithstanding enactment would expire five years from the date of enactment unless renewed by the legislative body.

(5)   Subsection (3) applies in respect of a re-enactment made under subsection (4).