CANADIAN CHARTER Whereas Canada is founded upon principles that recognize the upremacy of God and the rule of law: OF RIGHTS Enforcement 24.(1) Anyone whose rights or freedoms, as guaranteed by this Guarantee of Rights Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appro considers appropriate and just and Freedoms in the circumstances. (2) Where, in proceedings under subsection (1),a cou 1. The Canadian Charter of Rights and Freedoms guarantees concludes that evidence was obtained in a manner that infringed or denied any the rights and freedoms set out in it subject only to such reasonable limits rights or freedoms guaranteed by this Charter, the evidence shall be excluded if prescribed by law as can be demonstrably justified in a free and democratic AND FREEDOMS mstances, the admission of i society. in the proceedings would bring the administration of justice into disrepute. Fundamental Freedoms General 4. Everyone has the following fundamental freedoms: (a) freedom 25. The guarantee in this Charter of certain rights and freedoms of conscience and religion; (b) freedom of thought, belief, opinion and shall not be construed so as to abrogate or derogate from any aboriginal, xpression, including freedom of the press and other media of communication; treaty or other rights or freedoms that pertain to the aboriginal peoples of (c) freedom of peaceful assembly; and (d) freedom of association. Canada including (@) any rights or freedoms that have been recog lamation of October 7, 1763; and (b) any rights or freedoms Democratic Rights he now exist by way of land claims agreements or may be so acquired, 26 3. Every citizen of Canada has the right to vote in an election of 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 qualified for membership therein. 4. (1) No House of Commons and no and (i) if found guilty of the offence and if the punishment for the offence has authoritative. 19.(1) Either English or French may be used by any person Canada. 27. This Charter shall be in be interpreted in a manner consistent with the legislative assembly shall continue for longer than five years from the dat been varied between the time of commission and the time of sentencing or process issuing from, any court preservation and enhancement of the multicultural heritage of Canadians 28 fixed for the return of the writs at a general election of its members. (2) In time Everyone has the right not to be subjected Parliament. (2) Either English or French may rom, any court established by benefit of the lesser punishment. 12. Everyone has the English or French may be used by any person in, or i Notwithstanding anything in this Charter, the rights and freedoms referred to of real or apprehended war, invasion or insurrection, a House of Commons to any cruel and unusual treatment of punishment. 15. A witness who testifies any pleading in or process issuing from, any court of New Brunswick. 20.(1) in it are guarante may be continued by Parliament and a legislative assembly may be continue in any proceedings has the right not to have any incriminating evidence so nteed equally to male and female persons. 29. Nothing in this given used to incriminate that witness in any other proceedings, except in a Any members me public in maybe the right to c alsomunicate with, and Charter abrogates or derogates from any rights or privileges guaranteed by by the legislature beyond five years if such continuation is not opposed by to receive available services from, any head or central office of an institution or under the Constitution of Canada in respect of denominational, separate the votes of more than one-third of the members of the House of Common prosecution for perjury or for the giving of contradictory evidence. 14. A party of the Parliament or government of Canada in English or French, and has the or dissentient schools. . A reference in this Charter to a province or to the or the legislative assembly, as the case may be. 5. There shall be a sitting of or witness in any proceedings who does not understand or speak the language Parliament and of each legislature at least once every twelve months. in which the proceedings are conducted or who is deaf has the right to the same right with respect to any other office of any such institution where (a) legislative assembly or legislature of a province shall be deemed to include assistance of an interpreter. there is a significant demand for communications with and services from that a reference to the Yukon Territory and the Northwest Territories, or to the office in such langua e; or (b) due to the nature of the office, it is reasonable appropriate legislative authority thereof, as the case may be. 31. Nothing in this Mobility Rights that communications with and services from that office be available in both Charter extends the legislative powers of any body or authority. ) Every citizen of Canada ha Equality Rights h and French. (2) Any m y member of the public in New Brunswick has the leave Canada. (2) Every citizen of Canada and every person who has the status ery individual is equal before and under the law and right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English Application of Charter of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (6) to pursue the gaining of a livelihood in national or ethnic origin, colour. religion, sex, age or mental or physical or French. 21. Nothing in sections 16 to 20 abrogates or derogates from any 32.(1) This Charter applies (a) to the Parliament and government of any province. (3) The rights specified in subsection (2) are subject to (a) right, privilege or obligation with respect to the English and French languages Canada in respect of all matters within the of matters within the authority of Parliament including rs relating to the Yukon Territory and Northwest Territories, and (0) any laws of practices of general application e in a province other tha ) Subsection (1) does not preclude any law, program or activity m, that exists or is continued by virtue of any other provision to the legislature and government of each province in respect of all matters hose that discriminate among persons primarily on the basis of province that has as its object the amelioration of conditions of disadvantaged of the Constitution of Canada.22. Nothing in sections 16 to 20 abrogates or hose that are disadvantaged because of race, derogates from any legal or customary within the authority of the legislature of each province. (2) Notwithstanding of present or previous residence, and (b) any laws providing for reasonable or privilege acquire subsection (1), section 1 esidency requirements as a qualification for the receipt of publicly provide either before or after the coming into force of this Charter with respect to any hall not have effect until three years after this disability. national or ethnic origin, colour, religion, sex, age or mental or physical language that is not English or French. the legislature of a province social services. (4) Subsections (2) and (3) do not preclude any law, program may expressly declare in an Act of Parliament or of the legislature, a or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged Official Languages if the rate of employment in that province is below the rate of employment in Minority Language 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 Canada. of Canada Educational Rights a provision of an Act in respect of which a declaration made under this section 16.(1) English and French are the official languages of Canada and 23.(1) Citizens of Canada (a) whose first language learned and still in effect shall have such operation as tion as it would hav r the provision have equality of status and equal rights and privileges as to their use in all of this Charter referred to in the declaration. Legal Rights institutions of the Parliament and government of Canada. (2) English and understood is that of the English or French linguistic minority population ration made under subsection (1) shall cease to ha effect five years after it comes into force or 7. Everyone has the right to life, liberty and security of the person and French are the official languages of New Brunswick and have equality of of the province in which they reside, or (b) who have received their primary rlier date as may be specified in the declaration.(4) Parliame he right not to be deprived thereof except in accordance with the principles status and equal rights and privileges its and privileges as to their us school instruction in Canada in English or French and reside in a province the legislature of a province may re-enact a declaration made under subsection of fundamental justice. 8. Everyone has the right to be secure against legislature and government of New Brunswick. (3) Nothing in this Charter where the language in which they re unreasonable search or seizure. 9. Everyone has the right not to be arbi limits the auth of Parliament or a legislature which they received that instruction is the language of (1).(5) Subsection (3) applies in respect of a re-enactment made under e to advance the equality of the English or French linguistic minority population of the province, have th subsection (4). detained or imprisoned. 10. Everyone has the right on arrest or detention (a) status or use of English and French. 16.1(1) The English linguistic community to be informed promptly of the reasons therefor; (b) to retain and instruct right to have their children receive primary and secondary school instruct and the French linguistic community in New Brunswick have equality of status in that language in that province. (2) Citizens of Canada of whom any child counsel without delay and to be informed of that right; and (c) to have and equal rights and privileges, including the right to distinct education Citation the validity of the detention determined by way of habeas corpus and to be has received or is receiving primary or sec institutions and such distinct cultural institutions as are necessary for or secondary school instruction in English 34. This Part may be cited as the Canadian Charter of Rights and released if the detention is not lawful. 11. Any person charged with an offence the preservation and or French in Canada, have the right to have all their children receive primary a) to be informed without unreasonable delay of the specific of those communities. (2) The role of legislature and government of New Brunswick to preserve and promote the and secondary school instruction in the same language. (3) The right of offence; (b) to be tried within a reasonable time; (c) not to be compelled to status, rights and privileges referred to in subsection (1) is affirmed. 17.(1) citizens of Canada under subsections (1) and (2) to have their children receive We must now establish the basic principles, the basic values and beliefs be a witness in proceedings against that person in respect of the offence; (d) Everyone has the right to use English or French in any debates and other primary and secondary school instruction in the language of the English to be presumed innocent until proven guilty according to law in a fair and proceedings of Par Everyone has the right to use English or French linguistic minority population of a province (a) applies whereve country that has given us such freedom and such immeasurable joy." public hearing by an independent and impartial tribunal; (e) not to be denied reasonable bail without just cause; (f) except in the case of an offence under in any debates and other proceedings of the legislature of New Brunswick.18. in the province the number of children of citizens who have such a right is (1) The statutes, records and journals of Parliament shall be printed and military law tried before a military tribunal, to the benefit of trial by jury published in English and French sufficient to warrant the provision to them out of public funds of minority where the maximum punishment for the offence is imprisonment for five and both language versions are language instruction; and (b) years or a more severe punishment; (g) not to be found guilty be found guilty on account of lly authoritative. (2) The includes, where the number of any act or omissi n unless, at the time of the act or omission, it constituted records and journals of those children so warrants, the an offence inder canadain of international law or was criminal according to the legislature of New Bru right to have them receive that finally acquitted of the offence, not to be tried for it again and, if finally found instruction in minority lang in English and French and both educational facilities provided out guilty and punished for the offence, not to be tried or punished for it again; language versions are equally of public funds. P.E. Trudeau 1981