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Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms. Part 1 of the Constitution Act. What are your rights?. Fundamental freedoms Democratic rights Mobility rights Legal rights Equality rights Minority language educational rights. Legal rights. Legal rights. 7 Life Liberty and Security of Person

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Canadian Charter of Rights and Freedoms

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  1. Canadian Charter of Rights and Freedoms Part 1 of the Constitution Act

  2. What are your rights? • Fundamental freedoms • Democratic rights • Mobility rights • Legal rights • Equality rights • Minority language educational rights

  3. Legal rights

  4. Legal rights 7 Life Liberty and Security of Person • Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principals of fundamental justice

  5. Legal rights 8 Search and Seizure • Everyone has the right to be secure against unreasonable search or seizure

  6. Legal rights 9 Detention or Imprisonment • Everyone has the right not to be arbitrarily detained or imprisoned

  7. Legal rights 10 Everyone has the right on arrest or detention • To be informed promptly if the reason therefor • To retain and instruct counsel without delay and to be informed of that right • To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

  8. Legal rights 11 Proceeding in Criminal and Penal Matters • Any person charged with an offence has the right • To be informed without unreasonable delay of the specific offence • To be tried within a reasonable time • Not to be compelled to be a witness in proceeding against that person in respect of the offence

  9. Legal rights • To be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal • Not to be denied reasonable bail without just cause • Except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or more severe punishment

  10. Legal rights • Not to be found guilty an account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principals of law recognized by the community of nations • If finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again

  11. Legal rights • If found guilty of the offence and if the punishment for the offence has been varied between time of commission and the time of sentencing, to the benefit of the lesser punishment

  12. Legal rights 12 Treatment or Punishment • Everyone has the right not to be subjected to any cruel and unusual treatment of punishment

  13. Legal rights 13 Self-Incrimination • A witness who testifies in any proceeding has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence

  14. Legal rights 14 Interpreter • A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

  15. Alberta School Act • What rights do you have as students? • Access to education • Instruction in English • Instruction in French or other language*

  16. Alberta School Act • What do students have to do to enjoy these rights? • Be diligent in pursuing studies • Attend school regularly and punctually • Co-operate fully with everyone providing education programs and other services • Comply with school rules • Be accountable to teachers for conduct • Respect the rights of others

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