Constitution Act 1982

Constitution Act, 1982

Part I

Canadian Charter of Rights and Freedoms

Whereas Canada is founded upon the principles that recognize the supremacy of God and the rule of law:

Guarantee of Rights and Freedoms

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

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 means of communication.

(d) freedom of association.

Democratic Rights

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.

4. (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs at a general election of its members.

(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.

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months.

Mobility Rights

6. (1) Every citizen of Canada has the right to enter, remain in, and leave Canada.

(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 an province; and

(b) to pursue the gaining of livelyhood in any province.

(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 present or

previous residence; and

(b) any laws providing for reasonable residency

requirements as a qualification for the receipt of

publically provided social services.

(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

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.

8. Everyone has the right to be secure against unreasonable

search or seizure.

9. Everyone has the right not to be arbitrarily detained or

imprisoned.

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reason therefor;

(b) to retain and instruct counsel without delay and.

to be informed of that right; and

by way of habeas corpus and to be released if the

detention is not lawful.

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;

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 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 acquited 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 punishment for

the offence has been varied between the time of commission

and the time of sentencing, to the benefit of the lesser

punishment.

12. Everyone has the right not to be subjected to any cruel or

unusual treatment or punishment.

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.

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

15. (1) Every individual is equal before the and under the law

and has the right to the equal protection and equal benefit of

the law without discrimination based on race, national or

ethnic origin, colour, religion, sex, age, or mental or

physical disability.

(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 or 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 equal rights and privileges as to their use in

all institutions of the Parliament and government of Canada.

(2) English and French are the official languages of New

Brunswick and have equality of status and equal rights and

privileges as to the use in all institutions of the

legislature and government of new Brunswick.

(3) Nothing in this Charter limits the authority of

Parliament of a legislature to advance the equality of status

or use of English and French.

17. (1) Everyone has the right to use English or French in any

debates or other proceedings of Parliament.

(2) Everyone has the right to use English or French in any

debate and other proceeding of the legislature of New

Brunswick.

18. The Statutes, records and journals of Parliament shall be

printed and published in English and French and both language

versions are equally authoritative.

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.

(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.

20. (1) Any member of the public of 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 significant demand for communications

with and services from that office in such language;

(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.

(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.

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.

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

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.

(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.

(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 children so

warrants, the right to have them receive that

instruction in minority language educational

facilities provided out of public funds.

Enforcement

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.

(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

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 may be acquired by the

aboriginal peoples of Canada by way of land claims

settlement.

26. The guarantee in this Charter of certain rights and

freedoms shall not be construed as denying the existence of

any other rights and freedoms that exist in Canada.

27. This Charter shall be interpreted in a manner consistent

with the preservation and enhancement of the multicultural

heritage of Canadians.

28. Notwithstanding anything in this Charter, the rights and

freedoms referred to in it are guaranteed equally to male and

female persons.

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.

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.

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 legislatures and governments of each

province in respect of all matters within the

authority of the legislature of each province.

(2) Notwithstanding subsection (1), section 15 shall not

have effect until three years after this section comes into

force.

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 section 7 to 15 of this Charter.

(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.

(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.

(4) Parliament or the legislature of a province may

re-enact a declaration made under subsection (1).

(5) Subsection (3) applies in respect of re-enactment made

under subsection (4).

34. This Part may be cited as the Canadian Charter of Rights

and Freedoms.

Part II

Rights of the Aboriginal Peoples of Canada

35. (1) The existing aboriginal and treaty rights of the

aboriginal peoples of Canada are hereby recognized and

affirmed.

(2) In this Act, "aboriginal peoples of Canada" includes

the Indian, Inuit, and Metis peoples of Canada.

Part III

Equalization and Regional Disparties

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 well-being

of Canadians;

(b) furthering the economic development to reduce

disparity in opportunities; and

quality to all Canadians.

(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.

Part IV

Constitutional Conference

37. SPENT.

Discussed convention of a constitutional conference including

discussions relating to aboriginal rights within one year of

the adoption of the Act.

Part V P="BR1">

Procedure for Amending the 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 the 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

the provinces.

(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).

(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.

(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.

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, unless the

legislative assembly of each province has previously adopted a

resolution of assent or dissent.

(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.

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.

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 assemblies 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;

the French language;

(d) the composition of the Supreme Court of Canada;

and

(e) an amendment to this Part.

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;

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;

(2) Subsections 38(2) to 38(4) do not apply in respect of

amendments in relation to matters referred to in

subsection (1).

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 provisions that relate 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.

44. Subject to sections 41 and 42, Parliament may exclusively

make laws amending the Constitution of Canada in relation to

executive government of Canada or the Senate and House of

Commons.

45. Subject to section 41, the legislature of each province

may exclusively make laws amending the constitution of the

province.

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 province.

(2) A resolution of assent for the purposes of this Part

may be revoked at any time before the issue of a proclamation

authorized by it.

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.

(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).

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 resolution required for an

amendment made by proclamation under this part.

49. A constitutional conference of the Prime Minister of

Canada and the first ministers 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. SPENT.

Amended the _Constitution Act, 1867_ by adding section 92A

(q.v), having to do with provincial powers to administer and

tax non-renewable natural resources.

51. SPENT.

Amended the _Constitution Act, 1867_ by adding a the Sixth

Schedule (q.v.), defining "primary production from a

non-renewable natural resource".

Part VII

General

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.

(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

paragraph (a) or (b).

(3) Amendments to the Constitution of Canada shall be made

only in accordance with the authority contained in the

Constitution of Canada.

53. (1) The enactments referred to in Column I of the schedule

are hereby repealed or amended to be extent indicated in

Column II thereof, and unless repealed, shall continue as law

in Canada under the names set out in Column III thereof.

(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 Act_ followed by the year and

number, if any, of its enactment.

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.

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 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.

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.

57. The English and French versions of this Act are equally

authoritative.

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.

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.

(2) A proclamation under subsection (1) shall be issued

only where authorized by the legislative assembly or

government of Quebec.

(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 up the repeal of this

section, by proclamation issued by the Queen or the Governor

General under the Great Seal of Canada.

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_.