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{{Dial-A-Law TOC|expanded = rights}}
===The Charter guarantees the following protects a broad range of rights and freedoms ===The ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' is part of Canada’s Constitution and protects a broad range of rights:and freedoms.
===The essential questions courts must decide under section 1 are whether the Charter includes a “notwithstanding” clause===If a law has an important objective and whether the cannot be justified as a reasonable limit on a right or freedom, a federal or provincial government chose a proportionate way can try to meet declare that objective—a way that interferes as little as possible with the law operates '''notwithstanding''' the Charter rights. For exampleThe Canadian Parliament has never used this notwithstanding clause, but Quebec, could the government achieve its objective in another wayAlberta, Saskatchewan, without violating Charter rights? Does the law do more harm than good?and Yukon have done so.
==Section 33=The Charter applies to government, not the notwithstanding clauseprivate sector===If a law cannot be justified as a reasonable limit You can’t rely on a right or freedomthe Charter to challenge every violation of your rights. The Charter controls '''laws''' and '''government actions'''. It doesn’t control private citizens, in some casesbusinesses, Parliament or a provincial legislature organizations. Before you can declare—under section 33—that claim the law operates notwithstanding (despite) section 2 Charter’s protection, you must show that the government, or sections 7 some agency very closely connected to 15 of the Charter. The Canadian Parliament has never used this notwithstanding clausegovernment, but Quebec, Alberta, Saskatchewansuch as a school board or labour relations board, and Yukon haveviolated your rights.
==Enforcing =To enforce your Charter rights===Canadian courts interpret and enforce the Charter. The courts have described themselves as the guardians of the Charter. In that role, judges Courts have the power to strike down and invalidate laws or other government actions. They will do so if necessary to defend a protected right or freedom. If you think a provincial or federal law or action violates your Charter rights, you can ask a court to do several thingsstrike down the law or grant another '''remedy'''. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.
What a court can do depends on what you ask for. For example, if you say that a law violates the Charter, a court will decide if the law actually does violate the Charter. If the court finds a violation, the government can try to justify the violation under section 1. You may ask a court to declare that your personal rights have been violated , or to give you a specific and personal remedy. In criminal cases, for example, the an accused person can ask the court to end the trial or to exclude evidence obtained in violation of the Charter. Or you may ask a court for a general remedy not specific to your case, such as striking down a law entirely. The court will generally assess these questions:
====Second, can the government justify the law as a reasonable limit?====If a court finds the government violated your rights, the next step depends on what caused the violation:The was it a written law, or was it an action by government must prove that ? If government action caused the violation of the Charter is reasonable under section 1. Often, the government tries does not get a chance to show that the law’s '''objective''' is important to Canadian society, and that justify the violation of Charter rights is minimal.
[updated July 2018]
'''The above was last edited reviewed for legal accuracy by John Blois[https://www.vancrimlaw.com/Lawyers/Brock-Martland-QC.shtml Brock Martland], Martland & Saulnier.'''
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