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Constitution of Canada

1982

Legislationline Notice :Section 33is the relevant article here (emphasis added). Itpermits derogation only from Sections 2, 7-15. Thus the following rights are non-derogable: sections 3-5 (political participation), section 6 (freedom of movement), sections 16-23 (language rights), and section 24 (access to courts).

Part I Canadian Charter of Rights and Freedoms

[Title 1] Guarantee of Rights and Freedoms

Section 1 [Limitation of Rights]The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

[Title 2] Fundamental Freedoms

Section 2 [Freedom of Religion, Speech, Association]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 means of communication;(c) freedom of peaceful assembly and(d) freedom of association.

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[Title 5] Legal Rights

Section 7 [Personal Integrity]Everyone has the right to life, liberty, and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 8 [Search and Seizure]Everyone has the right to be secure against unreasonable search or seizure.

Section 9 [Imprisonment]Everyone has the right not to be arbitrarily detained or imprisoned.

Section 10 [Arrest]Everyone has the right on arrest or detention(a) to be informed promptly of the reason therefor;(b) to retain and instruct counsel without delay and to be informed of that right; and(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Section 11 [Fair Trial]Any person charged with an offence has the right(a) to be informed without unreasonable delay of the specific offence;(b) to be tried within a reasonable time;(c) not to be compelled to be a witness in a proceedings against that person in respect of the offence;(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;(e) not to be denied reasonable bail without cause;(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or International law or was criminal according to the general principles of law recognized by the community of nations;(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and(i) if found guilty of the offence and if punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Section 12 [No Cruel Punishment]Everyone has the right not to be subjected to any cruel or unusual treatment or punishment.

Section 13 [Right Against Self-Incrimination]A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Section 14 [Right to Interpreter]A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

[Title 6] Equality Rights

Section 15 [General Equality, No Discrimination](1) Every individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because or race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

Section 33 [Early Application](1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in Section 2 or Section 7 to 15 of this Charter.(2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.(3) A declaration made under Subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.(4) Parliament or the legislature of a province may re-enact a declaration made under Subsection (1).(5) Subsection (3) applies in respect of re-enactment made under Subsection (4).