Canadian Charter of Rights and Freedoms

AuthorRichard D. Schneider
Chapter 9: Canadian Charter of Rights and
Canadian Charter of Rights and Freedoms, being Part 1 of the Constitution Act, 1982,
enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11; proclaimed in force on
17 April 1982, amended by the Constitution Amendment Proclamation, 1983, SI/84-102,
effective 21 June 1984
Whereas Canada is founded upon principles that recogn ize the supremacy of God
and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Cana da
1. The Canadian Charter of Rig hts and Freedoms guarantees the rights and freedoms
set out in it subject only to such reasonable limits prescr ibed by law as can be demon-
strably justif‌i ed in a free and democr atic society.
Fundam ental Fre edoms
Fundamental freedoms
2. Everyone has the following fund amental freedoms:
(a) freedom of conscience and religion;
(b) freedom of t hought, belief, opinion and ex pression, including freedom of the
press and other media of communication;
(c) freedom of peacef ul assembly; and
(d) freedom of association.
Democratic Rights
Democratic rights of citizens
3. Every citizen of Canada h as the right to vote in an election of members of the House
of Commons or of a legislative assembly and to be qualif‌i ed for membership therein.
Maximum duration of le gislative bodies
4. (1) No House of Commons and no legislative assembly shall continue for longer
than f‌i ve years from the date f‌i xed for the retur n of the writs of a general election of its
Continuation in special c ircumstances
(2) In time of rea l or apprehended war, invasion or insu rrection, a House of Commons
may be continued by Parliament and a legislative assembly may be conti nued by the legisla-
ture beyond f‌i ve years if suc h 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.

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