25. Nothing in this Charter shall be construed as waiving any right or freedom affecting the Aboriginal peoples of Canada, including: In addition to section 25 of the Charter, section 35 of the Constitution Act, 1982, Part II – Rights of the Aboriginal Peoples of Canada, states that it recognizes and reaffirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. The Supreme Court of Canada has ruled that section 35 means that Aboriginal rights under treaties or other laws are now protected by the Constitution Act, 1982. 7. Every person has the right to life, liberty and security of the person and has the right to be private only in accordance with the principles of fundamental justice. Sections 7 to 14 set out the rights that protect Canadians in their dealings with the justice system. They ensure that those involved in proceedings are treated fairly, especially those accused of a crime. According to the Supreme Court of Canada, the purpose of section 8 is to protect a reasonable expectation of privacy. This means that those who act on behalf of a government, such as police officers, must perform their duties fairly and reasonably. They cannot enter private property or take other things away unless they can prove they have a clear legal reason. Article 1201 Judicial proceedings shall be public, with the exceptions provided for in procedural documents.2.
Most proceedings are conducted orally, especially in criminal cases. (3) Judgments shall always state the reasons on which they are based and shall be delivered in open court. Another right not to incriminate oneself is contained in Article 13 of the Charter. The definition of „true criminal consequences” is regularly debated in Canadian courts and remains unclear in many contexts. For example, in civil revocation proceedings, courts have found that „a person`s property derived from that person is punitive in nature,” and various defendants have argued that the accused`s rights under section 11 of the Charter apply. Courts have generally responded to such arguments by stating that forfeiture contrary to section 11 is „manifestly not in the interests of justice”, but have ceased to use constitutional remedies per se. 30. A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to refer to Yukon and the Northwest Territories or, as the case may be, to the corresponding legislative authority of those territories. The right of a person accused of a criminal offence to be informed of the offence has its origin in article 510 of the Criminal Code and in the legal tradition.
[1] Some courts have used section 510 to interpret paragraph 11(a) and have found that the law allows a person to be „adequately informed” of the charges; It does not matter, then, that a subpoena simply summarizes an indictment. [2] Section 33 is sometimes referred to as the „cautionary”. It gives Parliament and provincial and territorial legislators limited powers to make laws that may restrict certain Charter rights, including fundamental freedoms, equality rights and rights. Section 3 guarantees all Canadian citizens the right to participate in the election of their government. It gives them the right to vote in federal, provincial or territorial elections and to run for public office. For explanations of the purpose of the various rights provided for in Article 11, see the individual entries in Section 11 that correspond to these rights. Supreme Court jurisprudence generally explains that the purpose of section 11 is to protect the liberty and security of persons charged with a crime, but notes that it is not the only source of such protection under the Charter (R. v. Kalanj, [1989] 1 S.C.R. 1594). With respect to the introductory words of section 11, „charged with a criminal offence”, the Supreme Court has adopted an interpretive approach aimed at harmonizing all sections of section 11 „to the extent practicable” (see R.
v. Potvin, [1993] 2 S.C.R. 880, at page 908, and R. v. MacDougall, [1998] 3 S.C.R. 45, at paragraph 11). Although subsection 52(1) is not part of the Charter, it gives the courts an important power to repeal laws that violate Charter rights. If only part of the law violates the Constitution, only that part is declared invalid. Under EU law, the right to be heard is not limited to disputes concerning rights and obligations in a suit at law.
This is one of the consequences of the fact that the Union is a Community based on the rule of law, as the Court held in Case 294/83 Les Verts v European Parliament [1986] ECR 1339. Nevertheless, the guarantees of the ECHR apply equally to the EU in all respects except its scope. Article 20 (Access to justice and effective judicial protection) 1. Everyone has access to the law and the courts to defend their rights and interests protected by law, and justice cannot be denied for lack of economic resources. (2) Everyone has the right, in accordance with the law, to legal information and hearing, to legal sponsorship and to be accompanied by a lawyer before any authority. 3. The law shall define and ensure adequate protection of judicial secrecy. 4. Everyone has the right to have a case in which he or she is involved decided within a reasonable time and in a fair trial. 5. In order to defend the rights, freedoms and guarantees of the person, the law guarantees citizens judicial procedures characterized by speed and priority in order to obtain effective and timely protection against threats or violations of these rights. Article 29 (Prosecution) 1.
No one may be convicted of criminal offences, except under a previous law declaring the act or omission punishable, nor may he be subjected to security measures the conditions of which are not provided for by the previous law. 2. The preceding paragraph shall not preclude the sanction, within the limits of domestic law, of an act or omission which, at the time of its exercise, is considered punishable under generally recognized principles of international law. 3. Security sanctions or measures may be imposed which are not expressly provided for by the previous law. 4. No one may be subjected to a more severe penalty or detention measure than that provided for at the time of the conduct in question or the verification of the respective conditions, by retroactively applying criminal laws more favourable to the accused. 5. No one may be tried more than once for the same offence. (6) Wrongfully convicted citizens shall have the right, under the conditions provided for by law, to review the judgement and to compensate for the damage suffered. Article 203 (Independence) The courts are independent and subject only to the law. Courts may also decide to expel the public or the press if they consider that their presence is not in the interests of justice.
Section 24 deals with court intervention where a person`s rights have been denied by the Charter. Article 36 1. Any person may assert his or her rights before an independent and impartial tribunal or, in certain cases, before another body in accordance with the prescribed procedure. (2) Unless otherwise provided by law, a person who claims that his rights have been restricted by a decision of a public administrative authority may apply to a court for review of the legality of that decision. However, judicial review of decisions affecting the fundamental rights and freedoms set out in this Charter may not be excluded from jurisdiction. 3. Everyone has the right to compensation for damage caused to him by an unlawful decision of a court, other public authority or public administrative authority or as a result of an incorrect administrative procedure. (4) The conditions and procedures shall be laid down by law. Section 37 (1) Everyone has the right to refuse to testify if he risks incriminating himself or a relative. 2. In proceedings before the courts, other public authorities or authorities, everyone shall have the right to legal assistance from the outset of the proceedings. 3.
All parties to such proceedings shall have the same rights. 4. Any person who declares that he does not speak the language in which the proceedings are conducted shall be entitled to the services of an interpreter. Section 38 (1) No one shall be removed from the jurisdiction of his lawful judge. The jurisdiction of the courts and the jurisdiction of judges shall be regulated by law. 2. Everyone has the right to have his case heard in public, without undue delay and in his presence, and to make submissions on all admissible evidence. The public may be excluded only in the cases provided for by law. 16. (1) English and French are the official languages of Canada and have the same status, rights and privileges as to their use in all organs of the Parliament and Government of Canada. Everyone in Canada – whether a Canadian citizen, permanent resident or newcomer – enjoys the rights and freedoms set out in the Charter.
There are some exceptions. For example, the Charter grants certain rights only to Canadian citizens, such as the right to vote (section 3) and the right „to enter, remain in and leave Canada” (section 6).