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Encyclopedia > Section Five of the Canadian Charter of Rights and Freedoms
Canadian Charter
of Rights and Freedoms
Guarantee of Rights and Freedoms
1
Fundamental Freedoms
2
Democratic Rights
3, 4, 5
Mobility Rights
6
Legal Rights
7, 8, 9, 10, 11, 12, 13, 14
Equality Rights
15
Official Languages of Canada
16, 16.1, 17, 18, 19, 20, 21, 22
Minority Language Education Rights
23
Enforcement
24
General
25, 26, 27, 28, 29, 30, 31
Application of Charter
32, 33
Citation
34

Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. Its role is to establish a rule regarding how frequently the Parliament of Canada and the legislatures of the provinces and territories of Canada must meet. This section is thus meant to reflect and constitutionally guarantee a "basic democratic principle" that "a government must explain its actions to the people." [1] The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in the document are guaranteed. ... Section Two of the Canadian Charter of Rights and Freedoms guarantees what are called the fundamental freedoms for which there are four enumerated types. ... 3. ... The right to live and work anywhere in Canada. ... Section Seven of the Canadian Charter of Rights and Freedoms protects an individuals autonomy and personal legal rights from actions of the government. ... Section 8 - SEARCH OR SEIZURE. 8. ... 10. ... crap ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Enforcement Enforcement of guaranteed rights and freedoms 24. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms (known as la Charte canadienne des droits et libertés in French) is part of the Constitution of Canada. ... The Constitution of Canada is the supreme law in Canada. ... Democracy in its ideal sense is the notion that the people should have the right to rule themselves. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... The Parliament of Canada (French: Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ... {Canadian politics} Canada is a federation of ten provinces which, together with three territories, comprise the worlds second largest country. ... A constitution is a system, often codified in a written document, which establishes the rules and principles by which an organization is governed. ...


The section reads,

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

In this way, section 5 guarantees that, since Parliament and each legislature must sit at least once a year, Members of Parliament and Members of the Legislative Assemblies may raise concerns or inquiries or challenge government policies (See Question Period). [2] A Member of Parliament, or MP, is a representative elected by the voters of an electoral district to a parliament; in the Westminster system, specifically to the lower house. ... Question Period or Oral Questions is a Canadian parliamentary practice similar to the British Prime Ministers Questions in which Members of Parliament submit questions to the government ministers including the Prime Minister for answer. ...


This right did not exist in the Canadian Bill of Rights. Insofar as the Parliament of Canada is concerned, section 5 instead replaced section 20 of the Constitution Act, 1867, which had read: The Canadian Bill of Rights is a federal statute enacted in 1960 that provided Canadians with a statutory rights. ... The Constitution Act, 1867, formerly known as the British North America Act, 1867, comprises a major part of the Constitution of Canada. ...

20. There shall be a Session of the Parliament of Canada once at least in every Year, so that Twelve Months shall not intervene between the last Sitting of the Parliament in one Session and its first Sitting in the next Session.

When the Charter came into force in 1982 as part of the Constitution Act, 1982, section 53 of the Constitution Act, 1982 repealed section 20 of the Constitution Act, 1867. The difference was that section 5 merely requires a sitting of Parliament at least once a year, whereas section 20 had required not only a sitting but also a session of Parliament every year. Every session must begin with a speech from the throne, and moreover, bills that had not been passed when a session comes to a close must be introduced again, after a new session is initiated, if it is still desired to become law. Hence, governments sometimes prefer that sessions last longer than the twelve months that had been prescribed by the Constitution Act, 1867. Writing in 2000, political scientist Rand Dyck observed that while sessions even now usually last a year, they "often spilled over to two or even three years." 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... // Overview The Constitution Act, 1982 is Schedule B to the Canada Act 1982. ... Queen Beatrix of The Netherlands reads her countrys Speech from the Throne Queen Elizabeth II reads Canadas Speech from the Throne in 1977 The Speech from the Throne, sometimes referred to by the shorter term Throne Speech, is an event in certain monarchies in which the monarch (or... This article is about the year 2000. ...


As far as the province of Manitoba is concerned, section 5 of the Charter replaced section 20 of the Manitoba Act, which was also repealed in 1982. Section 5 still co-exists with section 86 of the Constitution Act, 1867, which requires annual sessions for the legislatures of the provinces of Ontario and Quebec. Motto: Gloriosus et Liber (Glorious and free) Other Canadian provinces and territories Capital Winnipeg Largest city Winnipeg Lieutenant-Governor John Harvard Premier Gary Doer (NDP) Area 647,797 km² (8th) • Land 553,556 km² • Water 64,241 km² (14. ... Manitoba Act was an Act of the government of Canada given the Royal Assent on May 12, 1870 creating the Province of Manitoba. ... Motto: Ut Incepit Fidelis Sic Permanet (Loyal she began, loyal she remains) Other Canadian provinces and territories Capital Toronto Largest city Toronto Lieutenant-Governor James K. Bartleman Premier Dalton McGuinty (Liberal) Area 1,076,395 km² (4th) • Land 917,741 km² • Water 158,654 km² (14. ... The first European explorer of what is now Quebec was Jacques Cartier, who planted a cross either in the Gaspé in 1534 or at Old Fort Bay on the Lower North Shore and sailed into the St. ...


References

  • Rand Dyck, Canadian Politics: Critical Approaches. Third ed. Scarborough, Ontario: Nelson Thomson Learning, 2000.
  • Hogg, Peter W. Canada Act 1982 Annotated. Toronto, Canada: The Carswell Company Limited, 1982.

  Results from FactBites:
 
Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia (1924 words)
Section 27: Charter to be interpreted in a multicultural context
Section 34: citation (ie., this section states that the first 34 sections of the Constitution Act, 1982 may be collectively referred to as the "Canadian Charter of Rights and Freedoms").
While the Charter was adopted in 1982, it was not until three years later in 1985 that the main provisions regarding equality rights (Section 15) came into effect.
  More results at FactBites »


 

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