The Canadian Charter of Rights and Freedoms.

Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically belonging to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of conscience, freedom of religion, freedom of thought, freedom of peaceful assembly, and freedom of association. They are guaranteed but can also be limited by the section 1 of the Charter, and they can be temporarily invalidated by the notwithstanding clause of the Charter. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence (preamble) to the Constitution of Canadas Charter of Rights and Constitution Act, 1982. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... 3. ... Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. ... 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. ... 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. ... 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(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. ... Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canadas two official languages, English and French. ... Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... 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 Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... 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 is part of the Constitution of Canada. ... Image File history File links Charter. ... Image File history File links Charter. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... The Constitution of Canada is the supreme law in Canada. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... A corporation is a legal person which, while being composed of natural persons, exists completely separately from them. ... A public demonstration Freedom of speech is the concept of being able to speak freely without censorship. ... Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold a viewpoint, or thought, regardless of anyone elses view. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... It has been suggested that this article or section be merged with Freethinking. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ... Freedom of association is the right enjoyed by free adults to mutually choose their associates for whatever purposes they see fit. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ...

As a part of the Charter and of the larger Constitution Act, 1982, section 2 took legal effect on April 17, 1982. Many of its rights, however, have roots in Canada in the 1960 Canadian Bill of Rights, although this bill was of limited effectiveness, and in traditions under a theorized Implied Bill of Rights. Many of the freedoms, such as freedom of expression, have also been at the centre of federalism disputes. The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... This article is about the Canadian Bill of Rights, which should not be confused with the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act. ... Implied Bill of Rights is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada. ... Canadian federalism is one of the three pillars of the constitutional order, along with responsible government and the Canadian Charter of Rights and Freedoms. ...

Of all the freedoms in the section, the freedoms of expression, religion and association have generated the most case law. Section 2 has also proved to be one of the most important sections of the Charter for spawning rights claims in general.

Text

Under the heading of "Fundamental Freedoms" the section states:

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

Freedom of religion

For a related article, see Status of religious freedom in Canada.

Interior of Notre-Dame Cathedral Basilica Canada is founded upon principles that recognize the supremacy of God. ...

Background

Freedom of religion in Canada may have originated as early as 1759, when French Canadian Roman Catholics were allowed rights of worship by their British conquerors; this was later reconfirmed in 1774 in the Quebec Act. Later the Constitution Act, 1867 provided for denominational school rights^[1] (these are reaffirmed by section 29 of the Charter). Discussions of church-state relations also took place in the Guibord case of 1874. In 1955, the Supreme Court ruled in Chaput v. Romain, regarding Jehovah's Witnesses, that different religions have rights, based upon tradition and the rule of law (at the time no statutes formed the basis for this argument).^[2] French Canadian is a term that has several different connotations. ... The Roman Catholic Church, most often spoken of simply as the Catholic Church, is the largest Christian church, with over one billion members. ... The Quebec Act of 1774 was an act by the British Parliament setting out procedures of governance in the area of Quebec. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ... Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Brown v. ... The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ...

Religious freedom was later included in the Canadian Bill of Rights. Its effectiveness was limited, however. When Sunday closing laws compelling respect for the Christian Sabbath were challenged in R. v. Robertson and Rosetanni (1963), Justice Ritchie of the Supreme Court found that non-Christians merely lost money when denied rights to work on Sunday and were otherwise free to believe in and observe their own religions. This article concerns the Sabbath in Christianity. ...

Definition

Interior of Notre-Dame Cathedral Basilica, the oldest church in Canada.

Freedom of religion under the Charter was first seriously considered by the Supreme Court in the 1985 case R. v. Big M Drug Mart. In that case, Chief Justice Brian Dickson wrote that this freedom at least includes freedom of religious speech, including "the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination." The immediate consequence of section 2, in this case, was the abolishment of federal Sunday closing laws. Image File history File linksMetadata Download high resolution version (2272x1704, 1069 KB) Notre Dame in Ottawa, Ontario, Kanada. ... Image File history File linksMetadata Download high resolution version (2272x1704, 1069 KB) Notre Dame in Ottawa, Ontario, Kanada. ... Notre-Dame Cathedral Basilica at 385 Sussex Drive The Notre-Dame Cathedral Basilica is the oldest church in Ottawa and the seat of the citys Catholic archbishop. ... Holding The Lords Day Act violates section 2 of the Charter and is invalid. ...

Freedom of expression

Freedom of expression (s. 2(b)) is perhaps one of the most significant Charter rights in influencing Canadian society. Justice Peter Cory once wrote that it "is difficult to imagine a guaranteed right more important to a democratic society."^[3] The section has been at the centre of a great amount of case law. The Honourable Peter deCarteret Cory, B.A., LL.B., LL.D. (born October 25, 1925) was a puisne judge of the Supreme Court of Canada from 1989 to 1999. ...

Background

Freedom of speech had a limited background in Canada. It has been an issue in federalism disputes, as provincial legislation infringing upon free speech has been taken as criminal legislation, which only the Parliament of Canada can validly create under section 91(27) of the Constitution Act, 1867. Switzman v. Elbling (1957) is an example of a case in which this was discussed. An Implied Bill of Rights theory further stated governments were limited in their abilities to infringe upon free speech by virtue of the preamble of the Constitution Act, 1867. This preamble states Canada's constitution would be based upon Britain's, and Britain had limited free speech in 1867. Furthermore, free speech is considered to be necessary for a parliamentary government to function. The Parliament of Canada (French: Parlement du Canada) is Canadas legislative branch, seated at Parliament Hill in Ottawa, Ontario. ... The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), comprises a major part of Canadas constitution. ... Switzman v. ... Look up Preamble in Wiktionary, the free dictionary. ...

Free speech was later included in the Canadian Bill of Rights.

Definition

The meaning of "expression" within section 2(b) has been read broadly as including any activity that conveys, or attempts to convey, meaning ^[4] to the exception of acts of violence and threats of violence.^[5] The Courts, however, have tried to maintain content neutrality by not considering the value of the expression. Instead, the content is only examined during the section 1 analysis.

Negative and positive rights

Freedom of expression is primarily seen as a negative right. In Native Women's Association of Canada v. Canada (1994), the Court considered a claim that the government had to financially support an interest group in constitutional negotiations, as it had supported others. Section 28 (sexual equality under the Charter) was used to reinforce this argument, since the rights claimants were an interest group. Still, while the Supreme Court agreed discussions with the government is "unquestionably" a form of expression, the government did not seem to be guilty of suppressing any expression and thus the claim was dismissed. This article is in need of attention. ... Holding A claim to a positive obligation on the government under section 2 of the Canadian Charter of Rights and Freedoms is not supported by the evidence that an interest groups freedom of expression was not denied. ... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ...

Limiting the right

A law will be found to violate the freedom of expression where the law either has the purpose or effect of violating the right.

A law's purpose can limit the right either through limiting the content or form of expression. Limits on content are where the meaning of the expression is specifically forbidden by the law, such as hate-speech law, and is the most easily identifiable form of limitation.^[6] Limiting the form of the expression can often invoke section 2(b) as it will often have the effect of limiting the content as well.^[7]

Where a law does not intend to limit the freedom of expression it may still infringe section 2(b) through its effects.^[8] A law will be found to restrict expression if it has the effect of frustrating "the pursuit of truth, participation in the community, or individual self-fulfillment and human flourishing". La Vérité by the French painter Jules Joseph Lefebvre Common dictionary definitions of truth mention some form of accord with fact or reality. ...

Commercial expression

Commercial expression is recognized as an activity protected under section 2(b). This includes advertising and any other similar means of expression used to sell goods and services. In fact, even false and misleading advertising protected as well. The value of the expression does not come into play until the section 1 analysis.

The protection of commercial expression was first established in Ford v. Quebec (1988) where the Court struck down a Quebec law requiring all signs to be exclusively in French. This was soon followed by Irwin Toy v. Quebec where the Court found that Quebec law prohibiting advertising to children to violate section 2(b) but was saved under section 1. Ford v. ...

The Supreme Court has also found that restrictions on the advertising by professionals to be protected.^[9] As well, even communcations for the purpose of prostitution was found to be protected as commercial expression.^[10]

Picketing

Protesting by labour groups and trade unions have long been recognized as a protected form of expression.

There are not too many instances of limiting primary picketing. Typically, the debate has been over whether secondary picketing can be restricted; this practice of picketing businesses not directly involved in a labour dispute has in the past been banned under the common law. The most significant decision on limiting primary picketing is BCGEU v. BC (1988) where employees at the British Columbia Supreme Court, who were protesting as part of a province-wide public service employee strike, were ordered back to work by the Chief Justice of the court. The order was found to clearly violate section 2(b) but the Supreme Court upheld it on section 1. Employees of the BBC form a picket line during a strike in May 2005. ... BCGEU v. ... The Supreme Court of British Columbia (SCBC) is the superior trial court for the Canadian province of British Columbia. ...

Freedom of peaceful assembly

Freedom of peaceful assembly under section 2(c) has not had a major impact on the case law. In Reference re Public Service Employee Relations Act (Alta.) (1987), the Supreme Court found that despite being written as a separate right, it was closely related to freedom of expression. The Nova Scotia Supreme Court defined it in Fraser et al. v. A.G.N.S. et al (1986) as including rights to meet as part of a committee or as workers. If there are membership fees to attend a meeting, prohibitions on being able to spend money for membership would be an abridgement of the right to peaceful assembly. Reference re Public Service Employee Relations Act (Alta. ... The Nova Scotia Supreme Court (and the Nova Scotia Family Division Court) is equivellant to a superior court where matters such as murder can be tried. ...

Freedom of association

Freedom of association is guaranteed under section 2(d). This right provides individuals the right to establish, belong to and maintain to any sort of organization. Generally, this is used in the labour context where employees are given the right to associate with certain unions or other similar group to represent their interests in labour disputes. Labour (Commonwealth English) or labor (American English) may refer to one of the following. ... The examples and perspective in this article or section may not represent a worldwide view. ...

It is important to note that this right only protects the right of individuals to form assocications and not associations themselves.^[11] Consequently, government legislation affecting the powers of established labour assocations do not necessarily invoke section 2(d). It is only where legislation restricts the associative nature of an activity will section 2 be invoked. Typically, where a union is denied a right it does not precude the employees from forming a separate association. In Delisle v. Canada (1999), members of the RCMP were excluded from the public services legislation. The Supreme Court held that they were not precluded from forming their own association outside of the Act. However, in contrast the decision of Dunmore v. Ontario indicated that argicultural workers who were excluded from provincial labour relations legislation were entitled to be included because individually they were unable to form their own associations, and consequently, this imposed a duty upon the government include them. Delisle v. ... The Royal Canadian Mounted Police (RCMP or Mounties; French, Gendarmerie royale du Canada, GRC) is both the federal police force and the national police of Canada. ... Dunmore v. ...

The freedom of association also includes the freedom not to associate^[12]. In certain employment circumstances employees are required to contribute to a union as conditions of their employment. However, mandatory associations do not invoke section 2(d) in and of themselves. In Lavigne, the Court found that the right not to be associated extended only to where the association supported causes that went beyond what is necessary for employee representation. More generally, the Supreme Court had stated that the right is violated only when the mandatory association imposes "ideologial conformity".^[13]

See also

• Censorship in Canada
• Religion in Canada

Censorship in Canada is a complex issue. ... Canada has a wide mix of religions, but it has no official religion, and support for religious pluralism is an important part of Canadas political culture. ...

Notes

Edmonton Journal v. ... Holding Court membership Case opinions Irwin Toy Ltd. ... U.C.F.W., Local 1518 v. ... Reference re ss. ... R. v. ... Bad Attitude is a lesbian magazine featuring stories of mild sado-masochism and published in the USA, which came to prominence as the first publication to fall foul of feminist-inspired pornography laws in Canada, in 1993. ... Rock and roll (also spelled rock n roll, especially in its first decade), is a genre of music that emerged as a defined musical style in the Southern United States in the 1950s, and quickly spread to the rest of the country, and the world (rhythm sample). ... FM radio is a broadcast technology invented by Edwin Howard Armstrong that uses frequency modulation to provide high-fidelity broadcast radio sound. ... Ramsden v. ... Rocket v. ... Reference re ss. ... Reference re Public Service Employee Relations Act (Alta. ... Holding Court membership Case opinions Lavigne v. ...

External links

• digest of s.2(a)
• digest of s.2(b)
• digest of s.2(c)
• digest of s.2(d)