Canadian Charter of Rights and Freedoms, Government of Canada Draft (July 4, 1980)

Canadian Charter of Rights and Freedoms, Government of Canada Draft (July 4, 1980)  (1980) 

Discussion Draft Tabled by the Government of Canada, July 4, 1980
Bayefsky, Canada's Constitution Act 1982 & Amendments: A Documentary History at pp. 599 to 540

Document: 830-81/027




Title

Canadian Charter of Rights and Freedoms 1. This section and sections 2 to 23 may be cited as the Canadian Charter of Rights and Freedoms.


Fundamental Freedoms

Fundamental freedoms 2. (1) Everyone has the right to the following fundamental freedom:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom in the dissemination of news, opinion and belief; and
c) freedom of peaceful assembly and association.

(2) The manifestation or exercise of the freedoms declared by this section may be made subject only to such limitations prescribed by law as are reasonably justifiable in a free and democratic society in the interests of national security, public safety, order, health or morals or the rights and freedoms of others.



Democratic Rights

Democratic rights of citizens 3. Consistent with the principles of free and democratic elections to the House of Commons and to the legislative assemblies, and of universal suffrage for that purpose, every citizen of Canada shall, without unreasonable distinction or limitation, have the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Duration of elected legislative bodies 4. (1) No House of Commons and no legislative assembly of a province shall continue for longer than five years from the date of the return of the writs for the choosing of its members.
Continuation in special circumstances (2) Notwithstanding subsection (1), in time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly of a province may be continued by the legislature thereof beyond the time limited therefor by or under subsection (1), if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.
Annual sitting of legislative bodies 5. There shall be a sitting of Parliament and of each legislature at least once every year and not more than twelve months shall intervene between sittings.


Legal Rights

Legal rights 6. (1) Everyone has the right to life, liberty and security of his or her person and the right not to be deprived thereof except by due process of law, which process encompasses the following:
a) the right to be secure against unreasonable searches and seizures;
b) the right to protection against arbitrary or unlawful interference with privacy;
c) the right not to be arbitrarily detained or imprisoned except on grounds provided by law and in accordance with prescribed procedures;
d) the right on arrest or detention
(i) to be informed promptly of the reason for the arrest or detention,
(ii) to be provided with the opportunity to retain and consult counsel without delay, and
(iii) to the remedy by way of habeas corpus for the determination of the validity of his or her detention and for release if the detention is not lawful;
e) the right of a person charged with an offence
(i) to be informed of the specific charge,
(ii) to be tried within a reasonable time,
(iii) to be presumed innocent until proven guilty in a fair and public hearing by an independent and impartial tribunal,
(iv) not to be denied reasonable bail without just cause having been established, and
(v) not to be found guilty on account of any act or omission that at the time of the act or omission did not constitute an offence;
f) the right not to be tried or punished more than once for an offence of which he or she has been finally convicted or acquitted;
g) the right to the benefit of the lesser punishment where the punishment for an offence of which he or she has been convicted has been varied between the time of commission and the time of sentencing;
h) the right not to be subjected to any cruel and unusual treatment or punishment;
i) the right, when compelled to give evidence before any court, tribunal, commission, board or other authority, to counsel, to protection against self-crimination and to any other constitutional safeguard;
j) the right to the assistance of an interpreter in any proceedings before a court, tribunal, commission, board or other authority, if the party or witness does not understand or speak the language in which the proceedings are conducted.
(2) Everyone has the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his or her rights or obligations.
Justifiable derogation (3) In time of serious public emergency threatening the life of the country, the existence of which is officially proclaimed by or pursuant to a law enacted to deal with such circumstances or by law a law specifically referring to this subsection, the rights mentioned in this section other than the right to life and those mentioned in subparagraphs (1)(d)(i) and (ii) and (1)(e)(i)-(iii) and (v) and paragraphs (1)(f)(g)(h)(i) and (j) may be derogated from to the extent strictly required by the circumstances of the emergency.
Idem (4) Nothing in this section precludes the enactment of or renders invalid a law that authorizes the holding of all or part of a proceeding in camera in the interests of national security, public order or morality or in the interest of the protection of privacy of one or more of the parties or where publicity would prejudice the public interest.


Non-discrimination Rights

Equality before the law and equal protection of the law 7. (1) Everyone has the right to equality before the law and to equal protection of the law without distinction or restriction other than any distinction or restriction provided by law that is fair and reasonable having regard to the object of the law.
Affirmative action programmes (2) Nothing in this section precludes any programme or activity authorized by or pursuant to law that has as its object the amelioration of conditions of disadvantaged persons or groups.


Mobility Rights

Rights of citizens 8. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Rights of citizens and persons lawfully admitted for permanent residence (2) Every citizen of Canada and every person who has been lawfully admitted to Canada for permanent residence and has not lost the status of a permanent resident has the right
a) to move and to take up residence in any province or territory, and
b) to acquire and hold property in, and to pursue the gaining of livelihood in, any province or territory,

subject to any laws of general application in force in that province or territory other than any such laws that discriminate among persons to whom this provision applies primarily on the basis of province or territory of present or previous residence or domicile.

Justifiable limitations (3) The rights declared by this section may be made subject only to such limitations prescribed by law asa are reasonably justifiable in a free and democratic society in the interests of national security, public safety, order, health or morals.


Property Rights

Property rights 9. (1) Everyone has the right to the use and enjoyment of property, individually or in association with others, and the right not to be deprived thereof except in accordance with law and for reasonable compensation.
Justifiable limitations (2) Nothing in this section precludes the enactment of or renders invalid laws controlling or restricting the use of property in the public interest or securing against property the payment of taxes or other levies or penalties.
Idem (3) The rights declared by this section may be made subject only to such limitations prescribed by law in addition to those referred to in subsection (2) as are reasonably justifiable in a free and democratic society in the interests of national security or public safety, order, health or morals.


Oficial Languages

Official languages of Canada 10. (1) English and French are the official languages of Canada, having the status and protection set forth in this Charter.
Authority not limited (2) Nothing in this Charter limits the authority of Parliament or of the legislature of a province to extend the status, protection or use of the English and French languages.


Language Rights

Proceedings of Parliament 11. (1) Everyone has the right to use English or French in any of the debates or other proceedings of Parliament.
Debates of legislative assembly (2) Everyone has the right to use English or French in the debates of the legislative assembly of any province.
Statutes and records, etc., of Parliament 12. (1) The statutes and the records and journals of Parliament shall be printed and published in English and French.
Statutes and records, etc., of certain legislatures (2) The statutes and the records and journals of the legislatures of Ontario, Quebec, New Brunswick and Manitoba shall be printed and published in English and French.
Idem (3) The statutes and the records and journals of the legislature of each province not referred to in subsection (2) shall be printed and published in English and French to the greatest extent practicable accordingly as the legislature of the province prescribes.
Both versions of statutes authoritative (4) Where the statutes of any legislative body described in any of subsections (1) to (3) are printed and published in English and French, both language versions are equally authoritative.
Proceedings in Supreme Court and courts constituted by Parliament 13. (1) Either English or French may be used by any person in, or in any pleading or process in or issuing from, the Supreme Court of Canada or any court constituted by Parliament.
Authority not limited (2) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of Ontario, Quebec, New Brunswick and Manitoba.
Idem (3) Either English or French may be used by any person in, or in any pleading or process in or issuing from, any court of a province not referred to in subsection (2), to the greatest extent practicable accordingly as the legislature of the province prescribes.
Proceedings in relation to certain offences (4) In proceedings in any court in Canada relating to an offence
a) created by or pursuant to an Act of Parliament, or
b) created by or pursuant to an Act of the legislature of a province if the punishment for the offence may be imprisonment,

any person giving evidence before the court has the right to be heard in English or French, through the services of an interpreter where necessary, and the right not to be placed at a disadvantage is so being heard.

Rules for orderly implementation and operation (5) Nothing in this section precludes the application of such rules as may be prescribed by any competent body or authority for the orderly implementation and operation of this section.
Communication by public with government of Canada 14. (1) Any member of the public in Canada has the right to communicate with and to receive services from any head or central office of an institution of government of Canada in English or French, and has the same right with respect to any other principal office of any such institution where that office is located within an area of Canada in which it is determined, in such manner as may be prescribed or authorized by Parliament, that a substantial number of persons within the population use that language.
Communication by public with government of a province (2) Any member of the public in a province has the right to communicate with and to receive services from any head, central or other principal office of an institution of government of the province in English or French to the extent to which and in the areas of the province in which it is determined, in such manner as may be prescribed or authorized by the legislature of the province, that the right should pertain having regard to the practicability and necessity of providing such services.
Rights and privileges preserved 15. Nothing in sections 10 to 14 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the commencement of this Charter with respect to any language that is not English or French.
Language of educational instruction 16. (1) Citizens of Canada in a province who are members of an English-speaking or French-speaking minority population of that province have a right to have their children receive their education in their minority language at the primary and secondary school level wherever the number of children of such citizens resident in an area of the province is sufficient to warrant the provision out of public funds of minority language education facilities in that area.
Provisions for determining where numbers warrant (2) In each province, the legislature may, consistent with the right provided in subsection (1), enact provisions for determining whether the number of children of citizens of Canada who are members of an English-speaking or French-speaking minority population in an area of the province is sufficient to warrant the provision out of public funds of minority language education facilities in that area.


Undeclared Rights

Undeclared rights and freedoms 17. Nothing in this Charter abrogates or derogates from any right or freedom not declared by it that may exist in Canada, including any right or freedom that may pertain to the native peoples of Canada.


General

Laws, etc., not to apply so as to abrogate declared rights and freedoms 18. To the end that the paramountcy of this Charter be recognized and that full effect be given to the rights and freedoms herein declared, any law and any administrative act that is inconsistent with any provision of the Charter is, except as specifically otherwise provided in or as authorized by this Charter, inoperative and of no force or effect to the extent of the inconsistency.
Enforcement of declared rights and freedoms 19. Nothing in this Charter abrogates or derogates from any right or freedom not declared by it that may exist in Canada, including any right or freedom that may pertain to the native peoples of Canada.
Application to territories and territorial institutions 20. A reference in any of sections 3 to 5 and 10 to 16 to a province or to the legislative assembly or legislature of a province includes a reference to the Yukon Territory or the Northwest Territories or to the Council or Commissioner in Council thereof, as the case may be.
Legislative authority not extended 21. Nothing in this Charter confers any legislative authority on any competent body or authority except as expressly provided by this Charter.
Continuation of existing constitutional provisions 22. Nothing in sections 11 to 13 abrogates or derogates from any right, privilege or obligation with respect to the Eng!1sh and French languages, or either of them, that exists or is continued by virtue of any other provnion of the Constitution of Canada.
Application of sections 12 and 13 23. A legislature of a province may, by resolution, declare that any part of sections 12 and 13 that do not expressly apply to that province shall have application, and thereafter such part or parts shall apply to that province in the same terms as to any province expressly named therein.

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