Charter of Rights and Freedoms - Post

The Charter says that everyone has freedom of religion, expression, peaceful assembly, and association.

• True

• False

Answer explanation

Section 2 of the Charter states that everyone has four fundamental freedoms: freedom of conscience and religion; freedom of thought and expression; freedom of peaceful assembly; and freedom of association, which is the right to join and leave groups of your choosing and for the group to take action.

Every citizen of Canada can become a member of the House of Commons.

• True

• False

Answer explanation

Canadians have the right to stand for election, as well as the right to vote in a general election for members of the House of Commons (MPs) and the provincial legislature (MPPs).

The maximum time that the House of Commons can continue for is seven years.

• True

• False

Answer explanation

Five years is the term limit for all federal and provincial legislatures unless there is a war, invasion, or insurrection. Even then, a legislature cannot continue if its continuation is opposed by more than a third of its members.

Under Mobility Rights, everyone has the right to enter, remain in, and leave Canada.

• True

• False

Answer explanation

These “mobility rights” apply to citizens and to permanent residents (immigrants with permanent status) and give everyone the right to enter, remain in, and leave Canada.

Everyone has the right to life, liberty, and happiness.

• True

• False

Answer explanation

Section 7 of the Charter guarantees life, liberty, and security of the person. You cannot be deprived of these rights except by law. You cannot be held against your will, assaulted, or interfered with for activities that people are normally free to do.

According to section 8, everyone has the right to be secure against unreasonable search or seizure.

• True

• False

Answer explanation

Section 8 guarantees security from unreasonable search or seizure, especially when you have a reasonable expectation of privacy. It sets limits on actions police can take to search your home, business, car, or person.

If you are arrested, you must be brought before a Justice of the Peace within eight hours.

• True

• False

Answer explanation

According to section 9 of the Charter, if you are arrested you must be brought before a Justice of the Peace as soon as possible (normally within 24 hours); and everyone has the right not to be arrested or held arbitrarily or without cause.

: If you are arrested you have the right to know why, and the right to speak to a lawyer before you are questioned.

• True

• False

Answer explanation

Section 10 gives you the right to know why you have been arrested, and the right to speak to a lawyer before you are questioned. Whether or not your detention is valid must be determined by a court. It requires the police to appear before a judge and prove that they have a valid reason for the detention.

If you are charged with a criminal offence, you have the right to be presumed innocent until proven guilty and the right not to be a witness against yourself.

• True

• False

Answer explanation

Section 11 of the Charter guarantees rights for people charged with criminal offences: to be presumed innocent until proven guilty; not to be a witness against yourself; and to stand trial within a reasonable time. The right to choose the type of trial (by jury or by judge) is not guaranteed; it depends on the offence.

Men and women have different rights and freedoms under the Canadian Charter.

• True

• False

Answer explanation

Section 15 states that every individual is equal before and under the law. It bans discrimination based on race, religion, national or ethnic origin, colour, sex, age, and physical or mental ability.