The CharterThe Charter

Lesson FourLesson Four

EnforcementEnforcement

  24.24. (1) Anyone whose rights or freedoms, as (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been guaranteed by this Charter, have been infringed or denied may apply to a court of infringed or denied may apply to a court of competent jurisdiction to obtain such remedy competent jurisdiction to obtain such remedy as the court considers appropriate and just in as the court considers appropriate and just in the circumstances the circumstances

(2) Where, in proceedings under subsection (2) Where, in proceedings under subsection (1), a court concludes that evidence was (1), a court concludes that evidence was obtained in a manner that infringed or obtained in a manner that infringed or denied any rights or freedoms guaranteed by denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded this Charter, the evidence shall be excluded if it is established that, having regard to all if it is established that, having regard to all the circumstances, the admission of it in the the circumstances, the admission of it in the proceedings would proceedings would bring the administration of justice into bring the administration of justice into disrepute. disrepute.

EnforcementEnforcement

TRANSLATION:TRANSLATION:

-if your rights have been infringed -if your rights have been infringed upon, you can take the issue to court.upon, you can take the issue to court.

-if the legal system has infringed -if the legal system has infringed

on your legal rights, you have the on your legal rights, you have the

right to apply to have that right to apply to have that

evidence, and possibly your case evidence, and possibly your case dismisseddismissed

GeneralGeneral

25.25. The guarantee in this Charter of certain The guarantee in this Charter of certain rights and freedoms shall not be construed rights and freedoms shall not be construed so as to abrogate or derogate from any so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of that pertain to the aboriginal peoples of Canada including Canada including aa) any rights or freedoms that have been ) any rights or freedoms that have been

recognized by the Royal Proclamation of October recognized by the Royal Proclamation of October 7, 1763; and 7, 1763; and

bb) any rights or freedoms that now exist by way of ) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.land claims agreements or may be so acquired.

GeneralGeneral

TRANSLATIONTRANSLATION

-Native peoples have special rights -Native peoples have special rights and the Charter is not to take away and the Charter is not to take away from these rights, but to add to from these rights, but to add to them.them.

GeneralGeneral

26.26. The guarantee in this Charter of certain The guarantee in this Charter of certain rights and freedoms shall not be construed rights and freedoms shall not be construed as denying the existence of any other as denying the existence of any other rights or freedoms that exist in Canada. rights or freedoms that exist in Canada.

27.27. This Charter shall be interpreted in a This Charter shall be interpreted in a manner consistent with the preservation manner consistent with the preservation and enhancement of the multicultural and enhancement of the multicultural heritage of Canadians. heritage of Canadians.

28.28. Notwithstanding anything in this Notwithstanding anything in this Charter, the Charter, the rights and freedoms rights and freedoms referred to in it are referred to in it are guaranteed equally to guaranteed equally to male and female male and female persons. persons.

GeneralGeneral

TRANSLATION:TRANSLATION:

-the Charter is not denying other -the Charter is not denying other rights exist by lawrights exist by law

-it is meant to help preserve -it is meant to help preserve multiculturalismmulticulturalism

-rights are for both genders-rights are for both genders

GeneralGeneral

29.29. Nothing in this Charter abrogates or Nothing in this Charter abrogates or derogates from any rights or privileges derogates from any rights or privileges guaranteed by or under the Constitution of guaranteed by or under the Constitution of Canada in respect of denominational, Canada in respect of denominational, separate or dissentient schools.(93) separate or dissentient schools.(93)

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

31.31. Nothing in this Charter extends the Nothing in this Charter extends the legislative powers of any body or authority legislative powers of any body or authority

GeneralGeneral

TRANSLATIONTRANSLATION

-nothing stops other educational -nothing stops other educational systems from being set upsystems from being set up

-when the Charter says “province”, -when the Charter says “province”, this term is to include “territories”this term is to include “territories”

-this document doesn’t extend -this document doesn’t extend legislation’s/authority’s rights.legislation’s/authority’s rights.

Application of the CharterApplication of the Charter

32.32. (1)This Charter applies (1)This Charter applies aa) to the Parliament and government of ) to the Parliament and government of

Canada in respect of all matters within the Canada in respect of all matters within the authority of Parliament including all matters authority of Parliament including all matters relating to the Yukon Territory and Northwest relating to the Yukon Territory and Northwest Territories; and Territories; and

bb) to the legislature and government of each ) to the legislature and government of each province in respect of all matters within the province in respect of all matters within the authority of the legislature of each province.authority of the legislature of each province.

    (2) Notwithstanding subsection (1), (2) Notwithstanding subsection (1), section 15 shall not have effect until section 15 shall not have effect until three years after this section comes three years after this section comes into force. into force.

Application of the CharterApplication of the Charter

33.33. (1) Parliament or the legislature of a (1) Parliament or the legislature of a province may expressly declare in an Act of province may expressly declare in an Act of Parliament or of the legislature, as the case Parliament or of the legislature, as the case may be, that the Act or a provision thereof may be, that the Act or a provision thereof shall operate notwithstanding a provision shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of included in section 2 or sections 7 to 15 of this Charter. this Charter.

(2) An Act or a provision of an Act in respect of (2) An Act or a provision of an Act in respect of which a declaration made under this section which a declaration made under this section is in effect shall have such operation is in effect shall have such operation as it would have but for the as it would have but for the provision of this Charter provision of this Charter referred to in the declaration. referred to in the declaration.

Application of the CharterApplication of the Charter

33. 33. (3) A declaration made under subsection (1) (3) A declaration made under subsection (1) shall cease to have effect five years after it shall cease to have effect five years after it comes into force or on such earlier date as may comes into force or on such earlier date as may be specified in the declaration. be specified in the declaration.

  (4) Parliament or the legislature of a province may (4) Parliament or the legislature of a province may re-enact a declaration made under subsection re-enact a declaration made under subsection (1). (1).

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

Application of the CharterApplication of the Charter

TRANSLATION s.32-33TRANSLATION s.32-33

-talks about governmental power-talks about governmental power

-VERY IMPORTANT CLAUSE: -VERY IMPORTANT CLAUSE: NONWITHSTANDING CLAUSENONWITHSTANDING CLAUSE

-means that the government has -means that the government has the the right to override society’s rightsright to override society’s rights

-has to be reviewed every 5 -has to be reviewed every 5 yearsyears

CitationCitation

34.34. This Part may be cited as the This Part may be cited as the Canadian Charter of Rights and Canadian Charter of Rights and FreedomsFreedoms. .