The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.
Canadian federalism involves the current nature and historical development of the federal system in Canada.
The Canadian Bill of Rights is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian Common Law.
The legal system of Canada has its foundation in the English common law system, inherited from its period as a colony of the British Empire. The legal system is bi-jurisdictional, as the responsibilities of public and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law.
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.
The Constitution Act, 1867 is a major part of the Constitution of Canada. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. The British North America Acts, including this Act, were renamed in 1982 with the patriation of the Constitution ; however, it is still known by its original name in United Kingdom records. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
The court system of Canada forms the judicial branch of government, formally known as "The Queen on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Canadian constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the courts. All laws of Canada, both provincial and federal, must conform to the Constitution and any laws inconsistent with the Constitution have no force or effect.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.
Section 91(27) of the Constitution Act, 1867, also known as the criminal law power, grants the Parliament of Canada the authority to legislate on:
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.
The Court of Queen's Bench for Saskatchewan is the superior trial court for the Canadian province of Saskatchewan.
The British Columbia Civil Liberties Association (BCCLA) is an autonomous, non-partisan charitable society that seeks to "promote, defend, sustain, and extend civil liberties and human rights." It works towards achieving this purpose through litigation, lobbying, complaint assistance, events, social media, and publications. Founded in 1962, it is Canada's oldest civil liberties association. It is based in Vancouver and is jointly funded by the Law Foundation of British Columbia and by private citizens through donations and memberships.
Because the country contains two major language groups and numerous other linguistic minorities, in Canada official languages policy has always been an important and high-profile area of public policy.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights. There were notable events in Canada's history which would today be considered violations of human rights.
Hate speech laws in Canada include provisions in the federal Criminal Code and in some other federal legislation. There are also statutory provisions relating to hate publications in some, but not all, of the provinces and territories.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
Schmidt v Calgary Board of Education is the basis for the legal requirement in Alberta that, where a separate school jurisdiction exists, members of the minority faith that established the separate school jurisdiction must be considered and treated as residents, electors, and ratepayers of the separate school jurisdiction. This decision was handed down prior to the enactment of the Charter of Rights and Freedoms, and it has not been appealed to the Supreme Court of Canada so it is not ultimately determinative of the issue.
In Canada, carding, which is officially known as the Community Contacts Policy, is an intelligence gathering policy involving the stopping, questioning, and documenting of individuals when no particular offence is being investigated. The interactions take place in public, private or any place police have contact with the public. The information collected is kept on record in the Field Information Report (FIR) database. Field Information Reports include details including the individuals' gender, race, the reason for the interaction, location, and the names of any associates, to build a database for unspecified future use. Officially, individuals are not legally detained, but this distinction is not clear.
Section 92(14) of the Constitution Act, 1867, also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on:
14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
