Examination of the rights and freedoms in Canada

1.  
Charter of Rights and Freedoms
Law 120

2.  Four freedoms guaranteed to everyone:
1. Freedom of conscience and religion
2. Freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication
3. Freedom of peaceful assembly
4. Freedom of association
 These freedoms not absolute – cannot infringe
on the freedoms of others

3.  Right to have the beliefs you choose and
declare them openly without fear.
 Express your beliefs through practice, worship,
teaching and dissemination (spreading)
 Cannot force someone to act contrary to beliefs
or conscience (clergy do not have to perform
legal same-sex marriages)
 Court must determine the intent and extent of
Charter in the case of conflicting rights (blood
transfusions against religion)

4. R. v. David T. Little, 2008 NBPC 2
(CanLII)
 Mr. Little, a devout Roman Catholic, is charged with failing to pay income
tax under the Income Tax Act. Mr. Little argues that the Income Tax Act
violates his right to freedom of conscience and religion under s. 2(a) of the
Charter and Rights and Freedoms.
 Mr. Little had paid his income taxes regularly for a number of years. Each
time with a notification that his taxes should not be used to fund abortions.
He saw no results from this action. Mr. Little then decided to file his return
but not pay the taxes owed. The government then garnisheed his wages
(removed the monies owed from his salary). Mr. Little stated that the
government’s action “settled in my soul that this was not OK,” and he
stopped filing returns altogether. He believed that unless the government
could assure him that his tax money would not help to fund abortions, then
he would be indirectly supporting an act that violated his religious beliefs.
 Furthermore, Mr. Little’s counsel argued that as the preamble to the Charter
begins with the words that Canada is founded upon principles that
recognize the “supremacy of God,” it supports the proposition that a
government may not impose a legal requirement on a citizen which takes
priority over his religious beliefs.

5. R. v. David T. Little (continued)
 The court rejected Mr. Little’s arguments and found Mr.
Little guilty as charged. While the court recognized that
the law of Canada is rooted in its religious heritage, it is
also bound by the rule of law.
 To succeed in a s. 2(a) Charter argument Mr. Little would
have had to demonstrate that he was being
discriminated against based on personal characteristics
as enumerated in the Charter; that he had been subject
to different treatment that made him less worthy of
recognition and value.
 There was no evidence that Mr. Little was being treated
any differently than any other citizen who must pay taxes
and there was no connection between paying taxes and
Mr. Little’s opposition to abortion.

6. Question to Consider
 Should people be able to
withhold taxes based on the
concern that their taxes may fund
initiatives they oppose? Why or
why not?

7.  Free to think and believe what you want and
publicly express your opinions through various
art forms. (freedom of the press)
 Considered one of the key fundamental
freedoms – court reluctant to restrict
 R v. Keegstra – denial of holocaust (limitation of
right of expression/press)
 R v. Sharpe – child pornography case (freedom
of expression?)

8. Assemble for peaceful purposes (rallies
against government action)
o Assembly must be peaceful (orderly
demonstration vs. riot)
Association refers to the ability to join
groups such as unions, political parties,
sporting clubs, etc.
o Can have limitations (young offenders on
probation, RCMP/Fed lawyers cannot form
unions)

9. Should Internet blogs be
subject to government
monitoring?
R v Fenton – death threat to Prime Minister in blog.

10.  The right to vote (sec 3 of Charter)
o Subject to limitations (age, residence, and
registration)
 Right to elect a new government every 5 years
o except during wartime or national emergency
 Parliament must hold at least one session a year
o allows elected members and public to question
government actions and policy

11.  Four subsections in the Charter involving rights of Canadian
citizens to move in/out of country and between provinces
 Majority of Charter cases on mobility rights involve
extradition of prisoners
o Send accused person to face trial in another country (except for
capital cases in countries where death penalty is legal)
 Why are there limitations to Canadian’s rights to move
provinces and secure work?
o When Charter was negotiated, richer provinces were worried about
flood of unemployed looking for work and access to services paid
for by permanent residences. Poor provinces afraid scarce jobs
would be taken from those coming from richer provinces. (limit to
social services)