Section (3-7) 😉

Auswah Imaan
Jan 27, 2021
3 min read

Updated: Jan 29, 2021

Section 3 - Democratic Rights

Section 3 of the Canadian Charter of Rights and Freedoms is a section that constitutionally guarantees Canadian citizens the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial legislative assembly, subject to the requirements of Section 1 of the Charter.

Federal judges, prisoners and those in mental institutions have gained the franchise as a result of this provision, whereas the restriction on minors voting was found to be permissible due to section1.

Section 3 is one of the provisions in the Charter that cannot be overridden by Parliament or a legislative assembly under Section 33 of the Charter, the notwithstanding clause. Section 3's exemption from Section 33 provides extra legal protection to the right to vote and it may prevent Parliament or the provincial governments from disenfranchising any Canadian citizen for ideological or political purposes, among others.

Section 4 - Maximum duration of legislative bodies

Section 4 of the Canadian Charter of Rights and Freedoms is the second of three democratic rights sections in the Charter, enshrining a constitutional requirement for regular federal,

provincial and territorial elections that cannot be arbitrarily delayed or suspended. Subsection 4(1) provides that the maximum term of the House of Commons of Canada, and of all provincial and territorial legislative assemblies, is five years. A narrow exception to this rule in case of war or rebellion is provided under subsection 4(2), but any extension would still require support of a two-thirds majority in each affected legislature.

Section 5 - Annual sitting of legislative bodies

Section 5 of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. Its role is to establish a rule regarding how frequently the Parliament of Canada and the legislatures of the provinces and

territories of Canada must meet. This section is thus meant to reflect and constitutionally guarantee a "basic democratic principle" that "a government must explain its actions to the people."

Section 6 - Mobility rights

Section 6 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects the mobility rights of Canadian citizens, and to a lesser extent that of permanent residents. By mobility rights, the section refers to the individual practice of entering and exiting Canada, and moving within its boundaries. The section is subject to the section 1 Oakes test, but cannot be nullified by the notwithstanding clause.

Along with the language rights in the Charter (sections 16–23), section 6 was meant to protect Canadian unity.

Section 7 - Life, liberty and security of a person

Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.

This Charter provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the Charter.

Refer to the links below for more info on each section