Democracy and our rights 👨‍⚖️

How has it shaped Canada?

The Charter allows you to challenge any government action that you believe violates your rights or freedoms. The most complex and controversial Charter-based challenges end up before the Supreme Court of Canada.

In the past, these challenges have set legal precedents and also inspired significant changes to federal, provincial and territorial laws.

When and how government can put limit on your rights?

The Charter recognizes that even in a democracy, rights and freedoms are not absolute. Section 1 of the Charter allows the government to put limits on rights and freedoms if that limit:

• is set out in law

• pursues an important goal which can be justified in a free and democratic society

• pursues that goal in a reasonable and proportionate manner

Section 33 of the Charter, also called the notwithstanding clause, allows Canada’s Parliament, provincial and territorial legislatures to pass laws that may violate certain Charter rights. They can only do this if they clearly state to the public that they are passing a law that contradicts the Charter. All levels of government must review and re-enact this declaration to Canadians every five years, or the limits automatically no longer exist. Parliament has never used the notwithstanding clause.

What if Government put limit on your rights without a good reason?

If you think that the government has put limits on your rights without good reason, you can challenge this in court. If the court agrees with you, the Charter sets out three types of remedies, which are actions intending to compensate for the rights violation in question.

• First, you can ask the court for any remedy that is “appropriate and just in the circumstances.” For example, a court might stop court proceedings and let a person go if they decide that he or she has been denied the right to a trial within a reasonable time. Money can also be awarded in appropriate circumstances.

• Second, a remedy is available when authorities carrying out investigations for the government (for example, police officers) violated a person’s Charter rights. This may happen, when they improperly search for evidence on private property and violate a person’s right to privacy. In this situation, the person can ask a court to order that the evidence not be used against him or her in trial. A court will make an order like this if it is clear that using such evidence at trial would “bring the administration of justice into disrepute”.

• Third, if the court finds that a law or a section of a law violates a person’s Charter rights, they can make an order saying that the law is not valid.

Human rights protected in other Status

The Charter guarantees many basic human rights and fundamental freedoms. We have other human rights tools that come from federal, provincial, and territorial statutes, common law, and international law. Also, all levels of government can always add to our rights.

In 1960 the government of Canada passed the Canadian Bill of Rights, which was the first federal human rights law in the country. It guarantees many basic rights and freedoms.

The Canadian Human Rights Act, passed in 1977, prohibits discrimination in the context of employment and the provision of goods, services, facilities or accommodations generally available to the public. It prevents discriminatory practices based on a number of grounds, including race, national or ethnic origin, sex, and disability. The act applies to the Government of Canada, First Nations governments, and federally regulated private businesses, including in banking, airline, telecommunications and broadcasting and inter-provincial transportation sectors.

All provinces and territories have similar human rights laws that apply within that province or territory. They also similarly apply to provincial or provincially-regulated works and undertakings.