Charter Rights, Question 2 - Omar Ahmed

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Charter Rights

Equality Rights

"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"

One is protected by law to be discriminated against due to factors such as race, ethnicity, religion, therefore if an employer does not hire you because of your religion, you may sue them

Legal Rights

"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"

If one does not understand English/French or are legally deaf, they may have an interpreter assist them

"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"

If one incriminates oneself of another crime during testimony, that testimony may not be used as an evidence.

"Everyone has the right not to be subjected to any cruel and unusual treatment or punishment

One, if convicted, cannot face unusual punishment and must be punished humanely by being imprisoned

"Any person charged with an offence has the right to -to be informed without unreasonable delay of the specific offence -to be tried within a reasonable time -not to be compelled to be a witness in proceedings against that person in respect of the offence -to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal -not to be denied reasonable bail without just cause -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 -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 -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 -if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment

One must be proven guilty beyond reasonable doubt as by default they are innocent

"Everyone has the right on arrest or detention to -to be informed promptly of the reasons therefor -to retain and instruct counsel without delay and to be informed of that right -to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

One can ask an officer why they are being arrested and must receive an answer

"Everyone has the right not to be arbitrarily detained or imprisoned"

One cannot be imprisoned as a threat or to cause fear as there must be a reason to detention

"Everyone has the right to be secure against unreasonable search or seizure"

One has the right to not let officers open their phone and view their activity

"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"

One has the right to live

Minority Language Education Rights

Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language

If one of the children of a parent went to schooling with a certain language, all their children have the right to go to school with the same language

"Citizens of Canada whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside or who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province"

Parents can send their children to a French school if they live in a province which is English-dominant

Mobility Rights

"Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right"

to pursue the gaining of a livelihood in any province

If one is offered employment in another province, they may leave their province and live in said province

to move to and take up residence in any province

If one wants to leave the province and live in another province, they may

"Every citizen of Canada has the right to enter, remain in and leave Canada"

One can leave Canada for leisure to other countries or visit other countries to meet family, friends, strangers etc.

Language Rights

"Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution"

One can speak to a government member in either of English or French, whichever they feel they are stronger in or whichever they choose to

"Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament"

In court, one can speak in either English or English

"The statutes, records and journal of Parliament shall be printed and published in English and French and both language versions are equally authoritative"

All publications by Parliament are printed in both languages, so one can read which ever they want to

"Everyone has the right to use English or French in any debates and other proceedings of Parliament"

If one is an MP, they may use either of the the official languages during debates

"English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada."

If one is a MP, they may speak in either English or French

Democratic Rights

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

Canadians can view the sessions and question members on their actions

"No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members"

Canadians can revote or vote in new MPs or MPPs once it is time for re-election

"Every citizen of Canada has 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"

Canadian citizens can vote for leaders who represent their views every time an election is held

Fundamental Freedoms

Freedom of Association

One can associate themselves with any group and join/leaves groups voluntarily

Freedom of Peaceful Assembly

One has the right to peacefully assemble with others and protest any matter such as the current Black Lives Matter protests

Freedom of Thought

One can hold any belief, opinion which they feel and can speak on them so long as they do not incite harm on others

Freedom of Conscience and Religion

One can practice any religion they feel, or practice no religion with no consequence