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Section 21 can be better compared to some of the sections under the heading "General" (sections 25–31). This is because it is "negative in form," not guaranteeing rights but protecting pre-existing ones. Like section 21, section 29 protects rights (in this case denominational school rights) that appear elsewhere in the Constitution.
[21] The case reached the Supreme Court of Canada in Carter v. Canada (Attorney General). The court ruled that the law banning euthanasia of terminally-ill patients (based on the Rodriguez v British Columbia (Attorney General) decision) was unconstitutional, and violated Section 7 of the Canadian Charter of Rights and Freedoms. [22]
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The Charter is the constitutional guarantee of the civil rights and liberties of every citizen in Canada, such as freedom of expression, of religion, and of mobility. [18] Part II addresses the rights of Aboriginal peoples in Canada. [18] It is written in plain language to ensure accessibility to the average citizen.
Passive euthanasia, however, is legal. Since 2012, the regulation of patients' rights creates the right to informed consent, which allows accepting or refusing any medical treatment. Patients can refuse treatment when they are terminal. [31] Currently, a bill to allow active euthanasia and assisted suicide is being discussed by the congress.
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Printed copies of the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. [18] The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion for private individuals and some organisations. [19]
The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.