The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada, forming Part I of the Constitution Act, 1982. It was signed into law by Queen Elizabeth II on April 17, 1982, as part of the patriation of the Canadian Constitution from the United Kingdom. The Charter guarantees certain political and civil rights to people in Canada, protecting them from the policies and actions of all levels of government. It can be used in courts to challenge laws that infringe on those rights, subject to reasonable limits under section 1.
The Charter applies to governments and their agencies, but not to private individuals or businesses (unless they are acting on behalf of government). Some rights apply to everyone in Canada, while others (like voting or mobility rights) are limited to citizens or permanent residents. Governments can temporarily override certain sections using the notwithstanding clause (section 33), though this is rarely used.
Below is a structured overview of the Charter’s sections, grouped by category, with brief descriptions of key provisions. For the complete legal text, refer to the official version in the Constitution Act, 1982, available on the Government of Canada’s Justice Laws website.
| Category | Sections | Key Provisions |
|---|---|---|
| Guarantee of Rights and Freedoms | 1 | All rights and freedoms in the Charter are guaranteed, subject to reasonable limits that can be justified in a free and democratic society. |
| Fundamental Freedoms | 2 | Protects freedom of conscience and religion; thought, belief, opinion, and expression (including press freedom); peaceful assembly; and association. |
| Democratic Rights | 3–5 | Right to vote and run for office (for citizens); legislatures cannot sit longer than 5 years (extendable in emergencies); annual sittings of Parliament and legislatures required. |
| Mobility Rights | 6 | Citizens can enter, stay in, or leave Canada; citizens and permanent residents can move and work across provinces, with some exceptions for general laws or affirmative action programs. |
| Legal Rights | 7–14 | Right to life, liberty, and security (per fundamental justice); protection from unreasonable search/seizure, arbitrary detention, and cruel punishment; rights upon arrest (e.g., inform reasons, counsel, habeas corpus); fair trial rights (e.g., presumption of innocence, no double jeopardy, speedy trial, jury in serious cases). |
| Equality Rights | 15 | Every individual is equal before and under the law without discrimination based on race, national/ethnic origin, colour, religion, sex, age, or mental/physical disability (came into force in 1985). |
| Official Languages of Canada | 16–22 | English and French are official languages with equal status in federal institutions; rights to use either in Parliament, courts, and federal services; minority language education rights in provinces where numbers warrant. |
| Minority Language Educational Rights | 23 | Citizens whose first language is English or French (the minority in their province) have the right to educate their children in that language where numbers warrant. |
| Enforcement | 24 | Courts can provide remedies for Charter violations; evidence obtained in violation may be excluded if it would bring justice into disrepute. |
| General | 25–31 | Charter does not diminish Aboriginal rights; recognizes multicultural heritage; guarantees equal rights for men and women; applies to Parliament and provincial legislatures; does not extend legislative powers. |
| Application of Charter | 32–33 | Applies to federal and provincial governments; notwithstanding clause allows override of sections 2 and 7–15 for up to 5 years (renewable). |
| Citation | 34 | This part may be cited as the Canadian Charter of Rights and Freedoms. |
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