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The '''Canadian Charter of Rights and Freedoms''', known as the ''Charter'', is a constitutional document that forms part of the Constitution of Canada. It was enacted as Schedule B to the ''Canada Act 1982'' (UK), which forms part of the Constitution Act, 1982, which also includes the ''Canada Act 1982'' (UK). The Charter guarantees certain political rights to Canadian citizens and [[civil rights]] of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights. This united the nation's previously granted rights in a single document.
	The '''Canadian Charter of Rights and Freedoms''' is Part I of the Constitution Act, 1982 and forms part of the Constitution of Canada. It protects rights and freedoms against government action and is one of the central texts in Canadian constitutional law.

The Charter was signed into law by [[Queen Elizabeth II]] of Canada on April 17, 1982, along with the rest of the ''Canada Act 1982'', which was a prerequisite for the [[United Kingdom]] to grant Canada full sovereignty. The process was initiated by the ''Patriation Reference'', which ruled that the Constitution of Canada could not be unilaterally amended by the Canadian parliament and that a constitutional amendment requires the consent of the provincial governments.
	The Charter applies to Parliament, provincial legislatures, and federal, provincial, and territorial governments. It is not a general code for every private dispute, although Charter values can influence the development of Canadian law.

== Content ==
The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights. This united the nation's previously granted rights in a single document.
	== Background ==
	The Charter came into force in 1982 as part of the patriation of Canada's Constitution. The Department of Justice Canada describes it as protecting rights and freedoms including freedom of expression and equality, and as forming part of Canada's highest law.

The Charter protects several rights and freedoms, including:
	The Charter changed Canadian public law by giving courts a clearer constitutional text for reviewing government action and legislation. It did not remove democratic government, but it placed constitutional limits on how governments may act.

=== Fundamental Rights and Freedoms ===
	== Rights Protected ==
	The Charter protects several categories of rights:

# Equality Rights: The right to equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
# Democratic Rights: The right to participate in political activities, including the right to vote and the right to be a candidate for elected office.
# Mobility Rights: The right to enter, remain in and leave Canada, and the right to move and take up residence in any province or territory.
# Legal Rights: The right to be presumed innocent until proven guilty, the right to remain silent, and the right to a fair and public trial.
	* Fundamental freedoms, including conscience, religion, thought, belief, opinion, expression, peaceful assembly, and association.
	* Democratic rights, including voting and eligibility for membership in federal or provincial legislatures.
	* Mobility rights, including the right of citizens to enter, remain in, and leave Canada.
	* Legal rights, including life, liberty, security of the person, protection from unreasonable search or seizure, protection from arbitrary detention, and fair criminal-process rights.
	* Equality rights.
	* Official-language rights.
	* Minority-language educational rights.

=== Legal and Judicial Rights ===
	The Charter also contains interpretive provisions and rules about application and remedies.

# Right to Counsel: The right to be informed of the right to counsel, the right to be represented by a lawyer, and the right to have a lawyer present during interrogation.
# Freedom from Arbitrary Detention: The right to be detained only on reasonable grounds, and the right to be informed of the reason for detention.
	== Section 1 ==
	Section 1 guarantees the rights and freedoms set out in the Charter, subject only to reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society.

=== Other Rights and Freedoms ===
	This means that some infringements can be justified, but the government must meet a constitutional standard. Canadian courts commonly analyse whether the objective is pressing and substantial and whether the means are proportionate.

# Freedom of Expression: The right to freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
# Freedom of Assembly and Association: The right to peaceful assembly and association, including the right to form and join trade unions and other associations.
# Freedom of Religion: The right to freedom of conscience and religion, including the right to practice any religion.
	== Fundamental Freedoms ==
	Section 2 protects freedom of conscience and religion, freedom of thought, belief, opinion and expression, freedom of peaceful assembly, and freedom of association.

The Charter also includes several other rights and freedoms, such as the right to life, liberty and security of the person, the right to property, and the right to education. These rights are protected by law, and any infringement of these rights must be justified in accordance with the principles of fundamental justice.
	Freedom of expression includes freedom of the press and other media of communication. Justice Canada's Charterpedia explains that the protection is tied to values such as the search for truth, participation in social and political decision-making, and individual self-fulfilment.

The Charter is interpreted and enforced by the courts, and any person whose rights or freedoms have been infringed may apply to the courts for a remedy. The courts have the power to declare any law or government action that is inconsistent with the Charter to be of no force or effect.
	== Legal and Equality Rights ==
	Section 7 protects life, liberty, and security of the person, and states that a person must not be deprived of those interests except in accordance with the principles of fundamental justice.

== Impact ==
The Charter has had a profound impact on Canadian society, politics and law. It has been used by the courts to strike down laws and government actions that are inconsistent with its provisions, and has been cited in many court cases to support arguments about individual rights and freedoms.
	Section 15 protects equality before and under the law, and equal protection and benefit of the law without discrimination, including listed grounds such as race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

The Charter has also influenced the development of human rights law in other countries, and has been used as a model for other constitutional documents around the world.
	== Application and Remedies ==
	Section 32 defines the Charter's application to government. The Department of Justice notes that the Charter is essentially an instrument for checking government power over the individual.

== Challenges and Criticisms ==
Despite its successes, the Charter has faced criticism and challenges. Some critics argue that it has been used to unduly restrict the power of government to regulate and legislate in the public interest, and that it has been interpreted in ways that are overly expansive and have the effect of undermining other important rights and freedoms.
	Section 24 allows a person whose Charter rights or freedoms have been infringed or denied to apply to a court for a remedy the court considers appropriate and just in the circumstances. Section 52 of the Constitution Act, 1982 provides that law inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect.

== Significance ==
The Canadian Charter of Rights and Freedoms is a cornerstone of Canadian democracy and the rule of law. It reflects Canada's commitment to protecting the rights and freedoms of its citizens and promoting the values of equality, democracy and human dignity.
	== Notwithstanding Clause ==
	Section 33 is known as the notwithstanding clause. It allows Parliament or a provincial legislature to declare that an Act or provision operates notwithstanding certain Charter sections. Justice Canada explains that a section 33 declaration is valid for five years unless it is re-enacted.

	The clause is politically controversial because it allows elected legislatures to override some rights protections for a time. It does not apply to every Charter right.

	== See Also ==
	* [[Civil Liberties]]
	* [[Freedom of Speech]]
	* [[International Covenant on Civil and Political Rights (ICCPR)]]

	== References ==
	* [https://laws-lois.justice.gc.ca/eng/const/page-12.html Justice Laws Website: Constitution Acts 1867 to 1982]
	* [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/ Department of Justice Canada: Canadian Charter of Rights and Freedoms]
	* [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art2b.html Department of Justice Canada: Section 2(b), freedom of expression]
	* [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art321.html Department of Justice Canada: Section 32(1), application of the Charter]
	* [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art33.html Department of Justice Canada: Section 33, notwithstanding clause]

	[[Category:Human Rights]]
	[[Category:Constitutional Law]]
	[[Category:Canada]]