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Printed copies of the Canadian Charter of Rights and Freedoms. Many of the rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus, and the presumption of innocence, [10] have their roots in a set of Canadian laws and legal precedents [11] sometimes known as the Implied Bill of Rights.
The Quebec Charter of Human Rights and Freedoms contains a section that has also been compared to section 1. Namely, section 9.1 states that when one invokes rights, it should be in a manner with respecting "democratic values, public order and the general well-being of the citizens of Québec" and that law may limit rights.
The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the Charter permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2.
Printed copies of the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. [19] 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. [20]
Constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts. [61] This is represented in the Constitution Act, 1867, Constitution Act, 1982 and Canadian Charter of Rights and Freedoms.
The Canadian constitution includes core written documents and provisions that are constitutionally entrenched, take precedence over all other laws and place substantive limits on government action; these include the Constitution Act, 1867 (formerly the British North America Act, 1867) and the Canadian Charter of Rights and Freedoms. [4]
Under the heading of "Equality Rights" this section states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
After the introduction of the Constitution Act, 1982 and the Charter of Rights and Freedoms, Canadian courts became much more active in interpretation of Constitutional questions. One notable example is in the case of gay rights and section 15(1) of the Charter. Section 15(1) lists grounds against which people may not be discriminated by the ...