Charter Of Rights And Freedoms Rights Protected

Canadian Charter of Rights and Freedoms Rights Protected

The Canadian Charter of Rights and Freedoms protects several different types, or categories, of rights and freedoms. The major categories include (1) fundamental freedoms, (2) democratic rights, (3) legal rights, (4) equality rights, and (5) language rights.

Fundamental freedoms are sometimes called liberty rights because their primary purpose is to restrain government power and ensure individual freedom. These rights include the freedoms of expression, religion, peaceful assembly, and association. Democratic rights guarantee citizens the rights to vote and hold public office. Legal rights include protection of life, liberty, and “security of the person”; freedom from unreasonable search and seizure; prohibitions against cruel and unusual punishment; freedom from arbitrary detention or imprisonment; and the right to avoid self-incrimination. The charter also protects people accused of crimes by guaranteeing them the right to legal counsel, a trial within a reasonable period of time, a presumption of innocence, and reasonable bail.

Equality rights prohibit discrimination on the basis of race, national or ethnic origin, religion, gender, age, or disability. The charter also explicitly allows programs that grant preferential treatment to historically disadvantaged groups in an effort to counter past discrimination. This commitment to equality is reinforced by three other provisions, which acknowledge the rights of aboriginal peoples, promote Canada's multicultural heritage, and guarantee equality between men and women.

The idea of equality also underlies language rights, the fifth major category of rights guaranteed by the charter. To preserve the rights of the French-speaking minority in Canada, both French and English are recognized as official languages. Citizens are entitled to use both languages in Parliament, the courts, and federal institutions. The charter also grants minority education rights for French-speaking Canadians who live outside of Québec and English-speaking Canadians who live within Québec. (1)

Charter of Rights and Freedoms in this Section: Charter of Rights and Freedoms, Charter of Rights and Freedoms Rights Protected, Charter of Rights and Freedoms Limitations, Charter of Rights and Freedoms Origins and Charter of Rights and Freedoms Comparisons With Laws in Other Countries.

Resources

Notes and References

1. Encarta Online Encyclopedia

See Also

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This entry was last updated: March 23, 2014