| 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.
|
| 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. |
| Proceedings of
Parliament |
17. (1) Everyone has the
right to use English or French in any debates and other proceedings
of Parliament. |
| 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. |
| 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. |
| 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. |
| 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. |
| 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. |
| Communications by public with
federal 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.
|
| 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. |
| 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.
|
| 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. |
| 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 of guaranteed rignts
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.
|
| 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.
|
| 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 |
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 |
34. This Part may be cited
as the Canadian Charter of Rights and Freedoms. |
