Document Information

Date: 1980-08-28
By: Secretariat of the Committee; Provinces (Various)
Citation: Continuing Committee of Ministers on the Constitution, Charter of Rights, Report to Ministers by Sub-Committee of Officials, Annex [August 28, 1980], Doc 830-84/031 (Ottawa: 26-29 August, 1980).
Other formats: Coming soon.

1. The Canadian Charter of Rights and Freedoms recognizes the following rights and freedoms subject only to such reasonable limits as are generally accepted in a free society living under a parliamentary democracy.

(a) freedom of religion;
(b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media; and
(c) freedom of peaceful assembly and of association.

Democratic Rights

3. Every citizen of Canada has, without unreasonable distinction or limitation, 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.

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date of the return of the writs for the election of its members.

(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond the period of five years, if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.

5. There shall be a sitting of Parliament and of each legislature at least once in every year and not more than twelve months shall intervene between sittings.

Legal Rights

6. Everyone has the right to be secure against search and seizure except on grounds provided by law and in accordance with prescribed procedures.

7. Everyone has the right not to be detained or imprisoned except on grounds provided by law and in accordance with prescribed procedures.

8. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay; and
(c) to the remedy by way of habeas corpus for the determination of the validity of the detention and for release if the detention is not lawful.

9. Anyone charged with an offence has the right

(a) to be informed promptly of the specific offence;
(b) to be tried within a reasonable time;
(c) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(d) not to be denied pre-trial release except on grounds provided by law and in accordance with prescribed procedures;
(e) not to be found guilty on account of any act or omission that at the time of the act or omission did not constitute an offence;
(f) not to be tried or punished more than once for an offence of which he or she has been finally convicted or acquitted; and
(g) to the benefit of the lesser punishment where the punishment for an offence of which he or she has been convicted has been varied between the time of commission and the time of sentencing.

10. Everyone has the right not to be subjected to any cruel and unusual punishment.

11. A witness has the right when compelled to testify not to have any evidence so given used against him or her in any subsequent proceedings, except a prosecution for perjury or the giving of contradictory evidence.

12. A party or witness has the right to the assistance of an interpreter if that person does not understand or speak the language in which the proceedings are conducted.

Mobility Rights

The Provinces (officials) suggested that the whole issue of Mobility Rights, if in the constitution, should be elsewhere than in the Charter of Rights.

Official Language and Language Rights

(Sections 18-24 and 30 and 31 of the Federal August 22, 1980 Draft would be sections 13-21 if included in this document.)

Provincial officials have not made any joint proposal with respect to these subject matters prior to further discussion by the Minister of the Federal Draft Proposals.

General

22.(a) Any law, order, regulation or rule that authorizes, forbids or regulates any activity or conduct in a manner inconsistent with this Charter is, to the extent of such inconsistency, inoperative and of no force or effect.

(b) Nothing in this Charter affects the admissibility of evidence or the ability of Parliament or a legislature to legislate thereon.

23. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory or the Northwest Territories or to the appropriate legislative authority thereof, as the case may be.

24. Nothing in this Charter confers any legislative power on any body or authority except as expressly provided by this Charter.