SECTIONS OF THE CHARTER

1. SECTIONS OF THE CHARTER

2. Reasonable Limits (Section 1)‏ The government can put ‘reasonable limits' on rights and freedoms if the limits are ‘demonstrably justified’. Criteria of this section set out in R v. Oakes

3. Two Criteria for using Section 1 The objective of the measure responsible for the limit must be ‘of sufficient importance to warrant overriding a constitutionally protected right or freedom’. For example: Restriction of Freedom of Speech/Press Freedom to protect society

4. Two Criteria for using Section 1 2. Proportionality test If the limit meets the following criteria then section 1 can be invoked. -Achieve an important governmental objective in a rational manner. Interfere with individual rights as little as possible Have an effect that is not disproportionate to its purpose

5. Section 2 Everyone has the following fundamental freedoms: Freedom of conscience and religion Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; Freedom of peaceful assembly; and Freedom of association

6. Section 2 (Freedom of Religion)‏ Section 2 (a) provides that you are free to practice or not practice religious beliefs of your choice. Legislation by the government must not infringe on a fundamental doctrine of some faith. Case Law R v. Big M Drug Mart Zybelberg

7. Section 2 (Freedom of Religion)‏ “The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare religious belief openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination.” Chief Justice Dickson Supreme Court of Canada in R v. Big M. Drug Mart.

8. Section 2 (Freedom of Religion)‏ The Charter guarantee of Freedom of Religion also protects Freedom of Conscience-those who do not wish to follow any religion at all. It is said that freedom of religion is the forefather of the other fundamental freedoms. People who have secured their freedom to worship as they please can then pursue the freedom to express and communicate their views.

9. Section 2 (Freedom of Religion)‏ Freedom of the press developed out of the desire to print religious material and thereby teach and persuade others to follow. Freedom of assembly developed because religious groups wanted to meet without fear of political persecution.

10. Freedom of Expression (2b)‏ 3 purposes of freedom of expression Promotion of truth Political and social participation Self-fulfillment

11. Freedom of Expression (2b)‏ Covers all forms of communication including: -Speech -Writing -Pictorial Art -Sculpture -Film -Dance

12. Legal Rights (S. 7)‏ The Right to Life Abortion (section 287 of the Criminal Code)‏ Terminally ill patients Rodriquez vs. British Columbia (1987)‏

13. Legal Rights (S. 7)‏ Abortion Tremblay vs. Daigle Wanted to prevent the mother of his unborn child from having an abortion. Was granted by a Quebec judge who remarked that the fetus was a 'human being' and therefore, guaranteed the right to life. Sent to the supreme court and struck down because the makers of the law never intended a fetus to be a human being. Also, because the case was more of a civil suit, the Charter was inapplicable.

14. Right to Liberty There is no concrete definition of 'liberty' – freedom from bodily or physical restraint, personal integrity, enjoyment of life We look to Canadian cases for 'hints' about what it means. Big M Drug Mart 'The right to choose one's occupation and where to pursue it' Morgentalar Concept of liberty was 'inextricably to the concept of human dignity'