The Canadian Charter of Rights and Freedoms is one of the most important legal documents in Canadian history. Enshrined as Part I of the Constitution Act, 1982, the Charter guarantees the rights and freedoms of every person in Canada. It was proclaimed into law on April 17, 1982, when Canada patriated its Constitution from the United Kingdom. Unlike the Canadian Bill of Rights (1960), which was a federal statute that could be overridden by ordinary legislation, the Charter is entrenched in the Constitution and can only be amended through the formal constitutional amendment process.
The Charter applies to the Parliament and government of Canada, as well as to the legislature and government of each province and territory. It does not apply directly to disputes between private individuals or businesses, although its values often influence how courts interpret private law. The Charter protects a wide range of rights and freedoms, including fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, and language rights.
This guide presents the exact text of every section of the Charter, followed by a detailed explanation in plain language. A free downloadable copy of the Charter is also available at the bottom of this article.
Preamble
"Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"
The preamble sets the philosophical foundation of the Charter. It acknowledges two guiding principles: the supremacy of God, which reflects the spiritual and moral traditions that have shaped Canadian society, and the rule of law, which means that all persons and institutions, including the government itself, are subject to and accountable under the law. The preamble does not create enforceable rights on its own, but courts have used it to help interpret other provisions of the Charter.
Guarantee of Rights and Freedoms
Section 1: Rights and Freedoms in Canada
"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."
Section 1 is often referred to as the "reasonable limits" clause or the "limitations clause." It establishes that no right in the Charter is absolute. The government may place limits on Charter rights, but only if those limits meet a strict legal test. The Supreme Court of Canada established this test in the landmark case R. v. Oakes (1986). Under the Oakes test, the government must prove that the limitation has a pressing and substantial objective, that the means chosen are rationally connected to that objective, that the limitation impairs the right as little as reasonably possible, and that the benefits of the limitation outweigh its harmful effects.
In practice, Section 1 is frequently invoked in Charter challenges. When a court finds that a law violates a Charter right, the government can argue under Section 1 that the violation is justified. For example, laws restricting hate speech may limit freedom of expression, but courts have upheld such laws as reasonable limits under Section 1.
Fundamental Freedoms
Section 2: Fundamental Freedoms
"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."
Section 2 protects four categories of fundamental freedoms that are considered essential to a free and democratic society. These freedoms apply to everyone in Canada, not just citizens.
Democratic Rights
Section 3: Democratic Rights of Citizens
"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."
Section 3 guarantees two distinct rights that belong exclusively to Canadian citizens: the right to vote and the right to run for office. It ensures that the people who make the laws are chosen by the people who live under those laws. Courts have struck down laws that unreasonably restricted voting rights, including provisions that previously barred prisoners from voting.
Section 4: Maximum Duration of Legislative Bodies
"4.(1) 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.
4.(2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years 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."
Section 4 ensures regular democratic renewal by requiring that elections be held at least every five years. The only exception is during times of real or apprehended war, invasion, or insurrection, and even then, the extension requires the support of at least two thirds of the members of the legislative body. This safeguard prevents any government from remaining in power indefinitely without seeking a fresh mandate from the people.
Section 5: Annual Sitting of Legislative Bodies
"There shall be a sitting of Parliament and of each legislature at least once every twelve months."
Section 5 requires that Parliament and every provincial legislature sit at least once a year. This ensures that elected representatives meet regularly to conduct the business of government and that the government remains accountable to the legislature on an ongoing basis.
Mobility Rights
Section 6: Mobility Rights
"6.(1) Every citizen of Canada has the right to enter, remain in and leave Canada.
6.(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province.
6.(3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
6.(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada."
Section 6 protects the mobility of Canadian citizens and permanent residents. It contains several distinct rights related to movement both across international borders and within the country.
Legal Rights
Section 7: Life, Liberty, and Security of the Person
"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 7 is one of the most important and far reaching provisions in the Charter. It has been used to challenge a wide range of government actions, from criminal laws to health care policies. The "principles of fundamental justice" require that laws not be arbitrary, overbroad, or grossly disproportionate. A law is arbitrary if there is no connection between its purpose and its effect on an individual. A law is overbroad if it catches conduct that has no connection to its objective. A law is grossly disproportionate if its effects on the individual are so severe that they are completely out of proportion to the law’s purpose.
Section 8: Search or Seizure
"Everyone has the right to be secure against unreasonable search or seizure."
Section 8 means that the government cannot conduct searches of your person, your home, your vehicle, or your belongings without lawful authority. In most cases, a search requires a warrant issued by a judge based on reasonable grounds to believe that evidence of an offence will be found. Warrantless searches are presumed to be unreasonable unless the Crown can demonstrate that the search was authorized by law, the law itself was reasonable, and the search was carried out in a reasonable manner.
Section 9: Detention or Imprisonment
"Everyone has the right not to be arbitrarily detained or imprisoned."
A detention is arbitrary if there is no lawful basis for it, if the law authorizing the detention is itself arbitrary, or if the manner of the detention is unreasonable. This section protects individuals from being held by the police or other state agents without justification. It applies to all forms of detention, including roadside stops, investigative detentions, and imprisonment.
Section 10: Rights on Arrest or Detention
"Everyone has the right on arrest or detention (a) to be informed promptly of the reasons 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 10 provides specific rights to anyone who has been arrested or detained. These rights are designed to ensure that individuals understand why they are being held and have access to legal assistance.
Section 11: Proceedings in Criminal and Penal Matters
"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 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 just 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 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."
Section 11 provides a comprehensive set of protections for any person charged with an offence. These rights form the backbone of a fair criminal justice system.
Section 12: Treatment or Punishment
"Everyone has the right not to be subjected to any cruel and unusual treatment or punishment."
Section 12 protects individuals from punishments that are grossly disproportionate or so excessive that they outrage the standards of decency in Canadian society. Courts consider factors such as the gravity of the offence, the personal circumstances of the offender, and the range of sentences imposed for similar offences when determining whether a punishment is cruel and unusual.
Section 13: 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 13 means that if you are compelled to testify in one case, your testimony cannot later be used against you in a different case. The only exceptions are prosecutions for perjury or for giving contradictory evidence. This protection encourages witnesses to provide truthful testimony without fear that their own words will be turned against them.
Section 14: 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."
Section 14 guarantees that every person can meaningfully participate in legal proceedings regardless of the language they speak or any hearing disability they may have. This right ensures access to justice for all people in Canada.
Equality Rights
Section 15: Equality Before and Under Law
"15.(1) 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.
15.(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 of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."
Section 15 is one of the most significant provisions in the Charter. Subsection (1) guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination. While the section specifically lists race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability, courts have recognized additional analogous grounds of discrimination, including sexual orientation, marital status, and citizenship.
Subsection (2) protects affirmative action programs. It clarifies that the equality guarantee does not prevent the government from creating targeted programs to address historical disadvantages faced by particular groups. The Supreme Court of Canada has developed a detailed framework for analyzing equality claims, requiring claimants to show that a law creates a distinction based on an enumerated or analogous ground and that the distinction creates a disadvantage by perpetuating prejudice or stereotyping.
Official Languages of Canada
Section 16: Official Languages
"16.(1) 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.
16.(2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
16.(3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French."
Section 16 declares the equal status of English and French as the official languages of Canada and of New Brunswick, making New Brunswick the only officially bilingual province. Subsection (3) confirms that Parliament and the provincial legislatures retain the authority to further advance the equality of English and French.
Section 16.1: English and French Linguistic Communities in New Brunswick
"16.1(1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
16.1(2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed."
Section 16.1 was added later to strengthen the protection of New Brunswick’s linguistic communities. It guarantees both the English and French communities in the province equal status, equal rights, and the right to their own educational and cultural institutions. Subsection (2) affirms the responsibility of the New Brunswick government to preserve and promote these rights.
Section 17: Proceedings of Parliament and the New Brunswick Legislature
"17.(1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.
17.(2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick."
Section 17 guarantees the right to use either English or French in debates and proceedings in both Parliament and the New Brunswick legislature.
Section 18: Parliamentary and New Brunswick Statutes and Records
"18.(1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.
18.(2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative."
Section 18 requires that all statutes, records, and journals of Parliament and the New Brunswick legislature be printed and published in both English and French. Both language versions are equally authoritative, ensuring that the law is accessible to all Canadians in the official language of their choice.
Section 19: Proceedings in Courts
"19.(1) 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.
19.(2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick."
Section 19 provides that litigants and lawyers have the right to use the official language of their choice in federal courts and in the courts of New Brunswick.
Section 20: Communications with Federal and New Brunswick Government Institutions
"20.(1) 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 where (a) there is a significant demand for communications with and services from that office in such language; or (b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
20.(2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French."
Section 20 gives every member of the public the right to communicate with and receive services from federal government offices in English or French, particularly head offices and offices where there is significant demand or where the nature of the office makes bilingual service reasonable. In New Brunswick, this right applies to every office of the provincial government without limitation.
Sections 21 and 22: Preservation of Existing Language Rights
"21. Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.
22. Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French."
Section 21 clarifies that the official language provisions of the Charter do not take away any language right that exists under other parts of the Constitution. Section 22 ensures that the Charter does not take away any legal or customary right related to any language that is not English or French. These provisions protect Indigenous languages and other heritage languages from being negatively affected by the Charter’s official language framework.
Minority Language Educational Rights
Section 23: Language of Instruction
"23.(1) Citizens of Canada (a) 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 (b) 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.
23.(2) 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.
23.(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province (a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and (b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds."
Section 23 is one of the most unique provisions in the Charter. It guarantees the right of citizens who belong to the English or French linguistic minority in their province to have their children educated in that minority language. This section was specifically designed to address historical injustices against French speaking communities outside Quebec and English speaking communities within Quebec.
Subsection (1) establishes the qualifying criteria based on the parent’s first language or the language of their own primary school instruction. Subsection (2) guarantees continuity, meaning that if any of your children have received instruction in English or French, all your children have the right to receive instruction in the same language. Subsection (3) provides that these rights apply wherever the number of qualifying children is sufficient to warrant minority language instruction out of public funds, and where numbers warrant, this includes the right to dedicated minority language schools, not just minority language classes within majority language schools.
Enforcement
Section 24: Enforcement of Guaranteed Rights and Freedoms
"24.(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
24.(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute."
Section 24 is the enforcement mechanism of the Charter. Subsection (1) provides a broad remedial power that allows anyone whose Charter rights have been infringed to apply to a court for an appropriate and just remedy. Remedies can include declarations of invalidity, injunctions, damages, reduced sentences in criminal cases, and stays of proceedings.
Subsection (2) addresses the exclusion of evidence. If evidence was obtained in a manner that violated Charter rights, the court must exclude it if admitting it would bring the administration of justice into disrepute. The Supreme Court of Canada established the framework for this analysis in R. v. Grant (2009), considering the seriousness of the Charter violation, the impact on the accused’s rights, and society’s interest in a determination on the merits.
General
Section 25: Aboriginal Rights and Freedoms Not Affected by Charter
"The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired."
Section 25 acts as a shield, preventing the Charter from being used to diminish Indigenous rights. It recognizes the unique constitutional position of Indigenous peoples in Canada. This includes rights recognized by the Royal Proclamation of 1763 and rights that exist by way of land claims agreements or that may be acquired in the future.
Section 26: Other Rights and Freedoms Not Affected by Charter
"The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada."
Section 26 confirms that the Charter is not an exhaustive list of all rights. Rights arising from common law, statutory law, and other sources continue to exist alongside Charter rights.
Section 27: Multicultural Heritage
"This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians."
Section 27 is an interpretive provision that directs courts to consider Canada’s multicultural character when applying the Charter. It reflects Canada’s commitment to multiculturalism as a fundamental characteristic of Canadian society.
Section 28: Rights Guaranteed Equally to Both Sexes
"Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons."
Section 28 is a powerful guarantee of gender equality that applies to all Charter rights. The word "notwithstanding" means that this guarantee cannot be overridden, even by the notwithstanding clause in Section 33.
Section 29: Rights Respecting Certain Schools Preserved
"Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools."
Section 29 protects the constitutionally guaranteed rights of religious school systems, particularly the Catholic separate school systems in Ontario, Alberta, and Saskatchewan. These rights predate the Charter and are preserved by this provision.
Section 30: Application to Territories and Territorial Authorities
"A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be."
Section 30 ensures that the Charter applies equally in the territories as it does in the provinces. Although Nunavut was created after the Charter was adopted, it is also covered by this provision through subsequent legislation.
Section 31: Legislative Powers Not Extended
"Nothing in this Charter extends the legislative powers of any body or authority."
Section 31 clarifies that the Charter is designed to limit government power, not to expand it. It does not give Parliament or the provincial legislatures any new powers. It operates as a check on existing powers.
Application of Charter
Section 32: Application of Charter
"32.(1) This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
32.(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force."
Section 32(1) confirms that the Charter applies to the Parliament and government of Canada and to the legislature and government of each province. This means the Charter applies to government legislation, regulations, policies, and actions, but not directly to the actions of private individuals or businesses.
Section 32(2) provided a transitional provision that delayed the coming into force of Section 15 (Equality Rights) for three years after the Charter came into effect. This delay, which ended on April 17, 1985, was intended to give governments time to review and amend their laws to comply with the new equality guarantee.
Section 33: Exception Where Express Declaration (The Notwithstanding Clause)
"33.(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 sections 7 to 15 of this Charter.
33.(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.
33.(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.
33.(4) Parliament or a legislature of a province may re-enact a declaration made under subsection (1).
33.(5) Subsection (3) applies in respect of a re-enactment made under subsection (4)."
Section 33 is one of the most debated provisions in the Charter. It allows Parliament or a provincial legislature to expressly declare that a law shall operate notwithstanding a provision included in Section 2 (Fundamental Freedoms) or Sections 7 to 15 (Legal Rights and Equality Rights). This is commonly known as the "notwithstanding clause" or the "override power."
A declaration made under Section 33 is not permanent. It ceases to have effect five years after it comes into force, or on an earlier date specified in the declaration. The legislature may re enact the declaration, and the five year limit applies to any re enactment. This "sunset clause" means that any use of the notwithstanding clause must be periodically renewed, giving voters an opportunity to hold their government accountable at election time.
The notwithstanding clause has been used only sparingly. It was included in the Charter as a political compromise to secure the agreement of the provinces to the Constitution Act, 1982. Its most notable use was by Quebec, which initially applied it to all of its legislation in protest of the patriation of the Constitution without Quebec’s consent. It has also been invoked by Saskatchewan and, more recently, by Ontario and Quebec in specific legislative contexts.
Citation
Section 34: Citation
"This Part may be cited as the Canadian Charter of Rights and Freedoms."
Section 34 establishes the official name of the document that has become one of the defining features of Canadian law and identity.
Why the Charter Matters for Every Canadian
The Canadian Charter of Rights and Freedoms is more than a legal document. It is a reflection of the values that define Canadian society: freedom, equality, justice, and respect for diversity. It protects individuals against government overreach, ensures that minorities are not oppressed by the majority, and provides a framework for resolving disputes about the limits of state power.
Every Canadian should understand the rights and freedoms guaranteed by the Charter. Whether you are dealing with a criminal matter, a workplace dispute, a question about government services, or a concern about discrimination, the Charter is the starting point for understanding your legal protections. Knowledge of your rights is the first step toward exercising them effectively.
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How a Personal Legal Service Plan Can Help
Understanding your Charter rights is important, but knowing how to exercise them when they are at stake is equally critical. A Personal Legal Service Plan gives you access to a dedicated law firm that can provide legal advice when you need it most. Whether you are facing a criminal charge, dealing with a government agency, or believe your rights have been violated, having a lawyer to call makes a significant difference.
Plan members can consult with a lawyer about any legal matter, receive guidance on filing complaints with human rights commissions, get help understanding how the Charter applies to their situation, and access legal representation for covered matters. Legal protection should not be a privilege reserved for those who can afford to pay hundreds of dollars an hour. A Personal Legal Service Plan makes legal support accessible and affordable for every Canadian.
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Understanding your Charter rights is important, but knowing how to exercise them when they are at stake is equally critical. Explore a Personal Legal Service Plan today.