CONSTITUTION ACT, 1982
PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule
of law:
Guarantee of Rights and Freedoms
Rights and
freedoms in
Canada
1. 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.
Fundamental Freedoms
Fundamental
freedoms
2. 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.
Democratic Rights
Democratic rights
of citizens
3. 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.
Maximum
duration of
4. (1) No House of Commons and no legislative assembly shall
continue for longer than five years from the date fixed for the
legislative bodies return of the writs of a general election of its members. (80)
Continuation in
special
circumstances
(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. (81)
Annual sitting of
legislative bodies
5. There shall be a sitting of Parliament and of each legislature at
least once every twelve months. (82)
Mobility Rights
Mobility of citizens 6. (1) Every citizen of Canada has the right to enter, remain in and
leave Canada.
Rights to move
and gain livelihood
(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.
Limitation (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.
Affirmative action
programs
(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.
Legal Rights
Life, liberty and
security of person
7. 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.
Search or seizure 8. Everyone has the right to be secure against unreasonable search
or seizure.
Detention or
imprisonment
9. Everyone has the right not to be arbitrarily detained or
imprisoned.
Arrest or
detention
10. 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.
Proceedings in
criminal and penal
matters
11. 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.
Treatment or
punishment
12. Everyone has the right not to be subjected to any cruel and
unusual treatment or punishment.
Self-crimination 13. 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.
Interpreter 14. 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.
Equality Rights
Equality before
and under law and
equal protection
and benefit of 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.
Affirmative action
programs
(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. (83)
Official Languages of Canada
Official languages
of Canada
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.
Official languages
of New Brunswick
(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.
Advancement of
status and use
(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.
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.
Role of the
legislature and
government of
New Brunswick
(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. (83.1)
Proceedings of
Parliament
17. (1) Everyone has the right to use English or French in any
debates and other proceedings of Parliament. (84)
Proceedings of
New Brunswick
legislature
(2) Everyone has the right to use English or French in any
debates and other proceedings of the legislature of New
Brunswick. (85)
Parliamentary
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. (86)
New Brunswick
statutes and
records
(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. (87)
Proceedings in
courts established
by Parliament
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. (88)
Proceedings in
New Brunswick
courts
(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. (89)
Communications 20. (1) Any member of the public in Canada has the right to
by public with
federal institutions
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.
Communications
by public with
New Brunswick
institutions
(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.
Continuation of
existing
constitutional
provisions
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. (90)
Rights and
privileges
preserved
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.
Minority Language Educational Rights
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. (91)
Continuity of
language
instruction
(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.
Application where
numbers warrant
(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.
Enforcement
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.
Exclusion of
evidence bringing
administration of
justice into
disrepute
(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.
General
Aboriginal rights
and freedoms not
affected by
Charter
25. 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. (92)
Other rights and
freedoms not
affected by
Charter
26. 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.
Multicultural
heritage
27. This Charter shall be interpreted in a manner consistent with the
preservation and enhancement of the multicultural heritage of
Canadians.
Rights guaranteed
equally to both
sexes
28. Notwithstanding anything in this Charter, the rights and
freedoms referred to in it are guaranteed equally to male and
female persons.
Rights respecting
certain schools
preserved
29. 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. (93)
Application to
territories and
territorial
authorities
30. 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.
Legislative powers
not extended
31. Nothing in this Charter extends the legislative powers of any
body or authority.
Application of Charter
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.
Exception (2) Notwithstanding subsection (1), section 15 shall not have
effect until three years after this section comes into force.
Exception where
express
declaration
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.
Operation of
exception
(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.
Five year
limitation
(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.
Re-enactment (4) Parliament or the legislature of a province may re-enact a
declaration made under subsection (1).
Five year
limitation
(5) Subsection (3) applies in respect of a re-enactment made
under subsection (4).
Citation
Citation 34. This Part may be cited as the Canadian Charter of Rights and
Freedoms.
PART II
RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
Recognition of
existing aboriginal
and treaty rights
35. (1) The existing aboriginal and treaty rights of the aboriginal
peoples of Canada are hereby recognized and affirmed.
Definition of
"aboriginal
(2) In this Act, "aboriginal peoples of Canada" includes the
peoples of
Canada"
Indian, Inuit and Métis peoples of Canada.
Land claims
agreements
(3) For greater certainty, in subsection (1) "treaty rights" includes
rights that now exist by way of land claims agreements or may be
so acquired.
Aboriginal and
treaty rights are
guaranteed
equally to both
sexes
(4) Notwithstanding any other provision of this Act, the
aboriginal and treaty rights referred to in subsection (1) are
guaranteed equally to male and female persons. (94)
Commitment to
participation in
constitutional
conference
35.1 The government of Canada and the provincial governments are
committed to the principle that, before any amendment is made
to Class 24 of section 91 of the "Constitution Act, 1867", to
section 25 of this Act or to this Part,
(a) a constitutional conference that includes in its
agenda an item relating to the proposed
amendment, composed of the Prime Minister
of Canada and the first ministers of the
provinces, will be convened by the Prime
Minister of Canada; and
(b) the Prime Minister of Canada will invite
representatives of the aboriginal peoples of
Canada to participate in the discussions on
that item. (95)
PART III
EQUALIZATION AND REGIONAL DISPARITIES
Commitment to
promote equal
opportunities
36. (1) Without altering the legislative authority of Parliament or of
the provincial legislatures, or the rights of any of them with
respect to the exercise of their legislative authority, Parliament
and the legislatures, together with the government of Canada and
the provincial governments, are committed to
(a) promoting equal opportunities for the wellbeing
of Canadians;
(b) furthering economic development to reduce
disparity in opportunities; and
(c) providing essential public services of
reasonable quality to all Canadians.
Commitment
respecting public
services
(2) Parliament and the government of Canada are committed to
the principle of making equalization payments to ensure that
provincial governments have sufficient revenues to provide
reasonably comparable levels of public services at reasonably
comparable levels of taxation. (96)
PART IV
CONSTITUTIONAL CONFERENCE
37. (97)
PART IV.I
CONSTITUTIONAL CONFERENCES
37.1 (98)
PART V
PROCEDURE FOR AMENDING CONSTITUTION OF
CANADA(99)
General procedure
for amending
Constitution of
Canada
38. (1) An amendment to the Constitution of Canada may be made
by proclamation issued by the Governor General under the Great
Seal of Canada where so authorized by
(a) resolutions of the Senate and House of
Commons; and
(b) resolutions of the legislative assemblies of at
least two-thirds of the provinces that have, in
the aggregate, according to the then latest
general census, at least fifty per cent of the
population of all the provinces.
Majority of
members
(2) An amendment made under subsection (1) that derogates
from the legislative powers, the proprietary rights or any other
rights or privileges of the legislature or government of a province
shall require a resolution supported by a majority of the members
of each of the Senate, the House of Commons and the legislative
assemblies required under subsection (1).
Expression of
dissent
(3) An amendment referred to in subsection (2) shall not have
effect in a province the legislative assembly of which has
expressed its dissent thereto by resolution supported by a
majority of its members prior to the issue of the proclamation to
which the amendment relates unless that legislative assembly,
subsequently, by resolution supported by a majority of its
members, revokes its dissent and authorizes the amendment.
Revocation of
dissent
(4) A resolution of dissent made for the purposes of subsection
(3) may be revoked at any time before or after the issue of the
proclamation to which it relates.
Restriction on
proclamation
39. (1) A proclamation shall not be issued under subsection 38(1)
before the expiration of one year from the adoption of the
resolution initiating the amendment procedure thereunder, unless
the legislative assembly of each province has previously adopted
a resolution of assent or dissent.
Idem (2) A proclamation shall not be issued under subsection 38(1)
after the expiration of three years from the adoption of the
resolution initiating the amendment procedure thereunder.
Compensation 40. Where an amendment is made under subsection 38(1) that
transfers provincial legislative powers relating to education or
other cultural matters from provincial legislatures to Parliament,
Canada shall provide reasonable compensation to any province to
which the amendment does not apply.
Amendment by
unanimous
consent
41. An amendment to the Constitution of Canada in relation to the
following matters may be made by proclamation issued by the
Governor General under the Great Seal of Canada only where
authorized by resolutions of the Senate and House of Commons
and of the legislative assembly of each province:
(a) the office of the Queen, the Governor General
and the Lieutenant Governor of a province;
(b) the right of a province to a number of
members in the House of Commons not less
than the number of Senators by which the
province is entitled to be represented at the
time this Part comes into force;
(c) subject to section 43, the use of the English or
the French language;
(d) the composition of the Supreme Court of
Canada; and
(e) an amendment to this Part.
Amendment by
general procedure
42. (1) An amendment to the Constitution of Canada in relation to
the following matters may be made only in accordance with
subsection 38(1):
(a) the principle of proportionate representation
of the provinces in the House of Commons
prescribed by the Constitution of Canada;
(b) the powers of the Senate and the method of
selecting Senators;
(c) the number of members by which a province
is entitled to be represented in the Senate and
the residence qualifications of Senators;
(d) subject to paragraph 41(d), the Supreme Court
of Canada;
(e) the extension of existing provinces into the
territories; and
(f) notwithstanding any other law or practice, the
establishment of new provinces.
Exception (2) Subsections 38(2) to (4) do not apply in respect of
amendments in relation to matters referred to in subsection (1).
Amendment of
provisions relating
to some but not all
provinces
43. An amendment to the Constitution of Canada in relation to any
provision that applies to one or more, but not all, provinces,
including
(a) any alteration to boundaries between
provinces, and
(b) any amendment to any provision that relates
to the use of the English or the French
language within a province,
may be made by proclamation issued by the Governor General
under the Great Seal of Canada only where so authorized by
resolutions of the Senate and House of Commons and of the
legislative assembly of each province to which the amendment
applies.
Amendments by
Parliament
44. Subject to sections 41 and 42, Parliament may exclusively make
laws amending the Constitution of Canada in relation to the
executive government of Canada or the Senate and House of
Commons.
Amendments by
provincial
legislatures
45. Subject to section 41, the legislature of each province may
exclusively make laws amending the constitution of the province.
Initiation of
amendment
procedures
46. (1) The procedures for amendment under sections 38, 41, 42 and
43 may be initiated either by the Senate or the House of
Commons or by the legislative assembly of a province.
Revocation of
authorization
(2) A resolution of assent made for the purposes of this Part may
be revoked at any time before the issue of a proclamation
authorized by it.
Amendments
without Senate
resolution
47. (1) An amendment to the Constitution of Canada made by
proclamation under section 38, 41, 42 or 43 may be made
without a resolution of the Senate authorizing the issue of the
proclamation if, within one hundred and eighty days after the
adoption by the House of Commons of a resolution authorizing
its issue, the Senate has not adopted such a resolution and if, at
any time after the expiration of that period, the House of
Commons again adopts the resolution.
Computation of
period
(2) Any period when Parliament is prorogued or dissolved shall
not be counted in computing the one hundred and eighty day
period referred to in subsection (1).
Advice to issue
proclamation
48. The Queen's Privy Council for Canada shall advise the Governor
General to issue a proclamation under this Part forthwith on the
adoption of the resolutions required for an amendment made by
proclamation under this Part.
Constitutional
conference
49. A constitutional conference composed of the Prime Minister of
Canada and the first ministers of the provinces shall be convened
by the Prime Minister of Canada within fifteen years after this
Part comes into force to review the provisions of this Part.
PART VI
AMENDMENT TO THE CONSTITUTION ACT, 1867
50. (100)
51. (101)
PART VII
GENERAL
Primacy of
Constitution of
Canada
52. (1) The Constitution of Canada is the supreme law of Canada,
and any law that is inconsistent with the provisions of the
Constitution is, to the extent of the inconsistency, of no force or
effect.
Constitution of
Canada
(2) The Constitution of Canada includes
(a) the Canada Act 1982, including this Act;
(b) the Acts and orders referred to in the
schedule; and
(c) any amendment to any Act or order referred
to in paragraph (a) or (b).
Amendments to
Constitution of
Canada
(3) Amendments to the Constitution of Canada shall be made
only in accordance with the authority contained in the
Constitution of Canada.
Repeals and new
names
53. (1) The enactments referred to in Column I of the schedule are
hereby repealed or amended to the extent indicated in Column II
thereof and, unless repealed, shall continue as law in Canada
under the names set out in Column III thereof.
Consequential
amendments
(2) Every enactment, except the Canada Act 1982, that refers to
an enactment referred to in the schedule by the name in Column I
thereof is hereby amended by substituting for that name the
corresponding name in Column III thereof, and any British North
America Act not referred to in the schedule may be cited as the
Constitution Actfollowed by the year and number, if any, of its
enactment.
Repeal and
consequential
amendments
54. Part IV is repealed on the day that is one year after this Part
comes into force and this section may be repealed and this Act
renumbered, consequentially upon the repeal of Part IV and this
section, by proclamation issued by the Governor General under
the Great Seal of Canada. (102)
[Repealed] 54.1 (103)
French version of
Constitution of
Canada
55. A French version of the portions of the Constitution of Canada
referred to in the schedule shall be prepared by the Minister of
Justice of Canada as expeditiously as possible and, when any
portion thereof sufficient to warrant action being taken has been
so prepared, it shall be put forward for enactment by
proclamation issued by the Governor General under the Great
Seal of Canada pursuant to the procedure then applicable to an
amendment of the same provisions of the Constitution of Canada.
English and
French versions of
certain
constitutional texts
56. Where any portion of the Constitution of Canada has been or is
enacted in English and French or where a French version of any
portion of the Constitution is enacted pursuant to section 55, the
English and French versions of that portion of the Constitution
are equally authoritative.
English and
French versions of
this Act
57. The English and French versions of this Act are equally
authoritative.
Commencement 58. Subject to section 59, this Act shall come into force on a day to
be fixed by proclamation issued by the Queen or the Governor
General under the Great Seal of Canada. (104)
Commencement of
paragraph 23(1)(a)
in respect of
Quebec
59. (1) Paragraph 23(1)(a) shall come into force in respect of Quebec
on a day to be fixed by proclamation issued by the Queen or the
Governor General under the Great Seal of Canada.
Authorization of
Quebec
(2) A proclamation under subsection (1) shall be issued only
where authorized by the legislative assembly or government of
Quebec. (105)
Repeal of this
section
(3) This section may be repealed on the day paragraph 23(1)(a)
comes into force in respect of Quebec and this Act amended and
renumbered, consequentially upon the repeal of this section, by
proclamation issued by the Queen or the Governor General under
the Great Seal of Canada.
Short title and
citations
60. This Act may be cited as the Constitution Act, 1982, and the
Constitution Acts 1867 to 1975 (No. 2) and this Act may be cited
together as the Constitution Acts, 1867 to 1982.
References 61. A reference to the "Constitution Acts, 1867 to 1982" shall be
deemed to include a reference to the "Constitution Amendment
Proclamation, 1983".
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