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ARCHIVED - Building a Just Society:
A Retrospective of Canadian Rights and Freedoms

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Canadian Charter of Rights and Freedom

Respect

Enforcement

Photograph of protesters gathered on Parliament Hill, Ottawa, circa 1976
Source
Protesters gathered on Parliament Hill, Ottawa, circa 1976

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

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

Image of the Constitution Amendment Proclamation, 1983, regarding the rights of the Aboriginal peoples of Canada, 1983

Image of the Constitution Amendment Proclamation, 1983, regarding the rights of the Aboriginal peoples of Canada, 1983
Source

Page one of minutes recorded by Pierre Elliott Trudeau when a  delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951

Page one of minutes recorded by Pierre Elliott Trudeau when a delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951
Source

Page two of minutes recorded by Pierre Elliott Trudeau when a  delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951

Page two of minutes recorded by Pierre Elliott Trudeau when a delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951
Source

Page three of minutes recorded by Pierre Elliott Trudeau when a  delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951

Page three of minutes recorded by Pierre Elliott Trudeau when a delegation met with Prime Minister Louis St. Laurent to advocate a Bill of Rights, May 10, 1951
Source

General

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

a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.

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

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

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

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

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

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

Cover of a book by Eric Shragge entitled ACTIVISM AND SOCIAL CHANGE: LESSONS FOR COMMUNITY AND LOCAL ORGANIZING, 2003

Cover of a book by Eric Shragge entitled Activism and Social Change: Lessons for Community and Local Organizing, 2003
Source

Cover of a book by Jean-François Gaudreault-DesBiens entitled LA LIBERTÉ D'EXPRESSION ENTRE L'ART ET LE DROIT, 1996

Cover of a book by Jean-François Gaudreault-DesBiens entitled La liberté d'expression entre l'art et le droit, 1996
Source

Application of Charter

32. (1) This Charter applies

a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

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

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

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

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

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

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

Citation

34. This Part may be cited as the Canadian Charter of Rights and Freedoms.

Further Research

Canadian Charter of Rights Decisions Digest.
www.canlii.org/en/ca/charter_digest/index.html
(accessed December 16, 2010).