User:Glide08/Sandbox/Canada Act, 1982 (Revised)

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Preamble


WHEREAS human dignity is inviolable and and its protection and preservation are a fundamental duty of the state;

WHEREAS it is unaccepable that the Constitution of an independent state should be similar in principle to that of any other independent state;

Now, Therefore,

WE, the PEOPLE OF CANADA;

do hereby adopt, enact, and give to ourselves this

CONSTITUTION
I: Canadian Charter of Rights and Freedoms

Guarantee of Rights and Freedoms

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

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 public elections, referenda and plebiscites, and to be qualified for publicly-elected bodies.
[Repealed.] 		4. Repealed.
[Repealed.] 		5. Repealed.


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.


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.
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.


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.

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. 		23. (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.
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.
Application to territories and territorial authorities. 		30. A reference in this Charter to a Province or to the legislature of a province shall be deemed to include a reference to the National Capital Territory and the other 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 National Capital Territory and other 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.
[Repealed.] 		33. Repealed.


Citation

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


II: Rights of the Aborigional People 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 peoples of Canada. 		(2) In this Act, "aboriginal peoples of Canada" includes the 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.
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.
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 well-being 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 service. 		(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.


IV: Opening Provisions


Declaration of Republic 		37. (1) Canada is a sovereign, indivisble, democratic, social, federal, parliamentary republic.
Constitution of Canada. 		(2) The Constitution of Canada, which includes and is established by this Act alone, 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.
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.
Right to Resist. 		(4) All citizens of Canada shall have the right to resist any person or persons seeking to abolish the constitutional order as established by the Constitution should no other remedy be possible.
National Flag 		38. The National Flag of Canada shall
(a) be twice longer than it is wide;
(b) have one white vertical band at its center, being one half as long as the flag;
(c) have two red vertical bands edging the white band, each being one fourth as long as the Flag;
(d) bear the symbol of a red eleven-pointed maple leaf at the center of the white band.
V: The Exective

President of Canada

President. 		VA-1. (1) There shall be a head of state and chief executive officer for Canada, called the President of Canada, who shall be elected by the people in accordance with the provisions of sections X to X of this Act.
Action of President. 		(2) Subject to any other provision of this Act, the President shall act with, and in accordance with, the advice of the Federal Executive Council or of a Minister acting under the general authority of the Federal Executive Council.
Discretionary powers of President. 		(3) The President shall act at his own discretion when:
(a) withholding consent to a request for a dissolution of the House of Commons;
(b) withholding assent to any Bill;
(c) withholding concurrence to any guarantee or loan to be given or raised by the Government;
(d) appointing, or revoking the appointments, of the members and Vice-President of the Council of State;
(e) withholding concurrence to, or revoking, the appointments of such key public officers to which section X of this Act applies;
(f) withholding concurrence to, or revoking, the appointments of the chairmen, members and chief executive officers of such key statutory boards to which section X of this Act applies;
(g) withholding approval of the budgets of such key statutory boards and key Government companies to which sections X and X of this Act, respectively, apply;
(h) disapproving any transactions referred to in section X of this Act;
(i) exercising the Prerogative of Mercy;
(j) exercising any other function declared by any provision of this Act to be exercisable by the President, acting in his discretion.
Absence or Incapacity. 		VA-2. (1) Subject to subsections (2) and (3), if the President is absent, ill or unable to act or the office of President is vacant, the Council of State has and may exercise and perform all of the powers, duties and functions of the President.
Committee of Appointment. 		(2) If the the President is absent, ill or unable to act or the office of President is vacant, the power of the President to appoint the members and Vice-President of the Council of State shall be exercised by a Committee of Appointment which shall consist of:
(a) the Speaker of the Senate;
(b) the Speaker of the House of Commons; and
(c) the Prime Minister.
Powers not exercisable in case of absence or incapacity. 		(3) If the the President is absent, ill or unable to act or the office of President is vacant, Neither the Council of State nor the Committee of Appointment shall exercise the powers of the President to revoke the appointments of the members and Vice-President of the Council of State.


Council of State

Council of State established. 		VB-1. (1) There is hereby established a Council of State of Canada, the members of which (not exceeding seven in number) are appointed by the President.
Vice-President of Council of State. 		(2) The President shall appoint one of the members the Council of State to be Vice-President, who shall preside over the Council if the President is absent, ill or unable to act or the office of President is vacant.


The Prime Minister and the Federal Ministers

Prime Minister. 		VC-1. (1) There shall be a head of government and first minister for Canada, called the Prime Minister of Canada, who shall be appointed in accordance with this section.
Nomination by President. 		(2) The President shall, within ten days from the date fixed for the return of the writs of a general election of members of the House of Commons, or from the date on which the office of Prime Minister becomes vacant, nominate a member of the House of Commons whom he believes would be most likely to command the confidence of a majority in that House as Prime Minister.
Confirmation of Nomination. 		(3) The House of Commons shall vote, by secret ballot, on confirming the President's nomination of a Prime Minister, and should a majority of members of the House of Commons:
(a) vote in favour of confirming the President's nomination of a Prime Minister, the President must appoint the member nominated as Prime Minister; or
(b) not vote in favour of confirming the President's nomination of a Prime Minister, subsection (4) shall then apply.
Nomination by House of Commons. 		(4) Should the House of Commons reject the President's nomination of a Prime Minister, The House of Commons shall elect, by secret ballot, one of its members to be nominated as Prime Minister, and should that member be elected:
(a) by a majority of members of the House of Commons, the President must appoint that member as Prime Minister; or
(b) by a plurality of members of the House of Commons, the President may, within ten days, either appoint that member as Prime Minister or dissolve the House of Commons.

The Prime Minister and the Ministers

Ministers. 		VC-2. (1) The Ministers are appointed by the President on the recommendation of the Prime Minister.
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