Charter Applications Lawyer Toronto

There are certain rights that can be only be invoked by Canadian citizens. These are:

• The right to vote;
• The right to run for office;
• The right to enter, leave, and remain in Canada;
• The right of individuals in minority communities to have their children educated in their primary language

The following rights apply to everyone in Canada, regardless if they are a citizen or non-citizen:

• Fundamental Freedoms;
• Legal Rights;
• Right to an Interpreter;
• Equality Rights; and
• Language Rights.

The Charter applies to all governments “ provincial, federal, and territorial, and not to private individuals, businesses and organizations.

The Charter is meant to protect all Canadian citizens. Some Charter rights apply to non-citizens (such as legal and equality rights). The Charter does generally not apply to corporations. However, the Supreme Court of Canada has held that section 8 “ the right against unreasonable search and seizure “ and section 11(b) “ the right to a timely trial “ can apply to corporations.

Under the Canadian Charter of Rights and Freedoms, Canadian citizens are guaranteed certain rights and freedoms, which can only be limited by law so long as the limit can be demonstrated to be reasonable in a free and democratic society. These rights include:

• Fundamental Freedoms (freedom of religion, expression, powerful assembly, and freedom of association)
• Democratic Rights (right to vote)
• Mobility Rights (right to enter, remain, and move around in Canada)
• Legal Rights (discussed below)
• Equality Rights (right to equal treatment under the law and equal protection and benefit of the law without discrimination)
• Language Rights (right to be able to communicate with government in French and English)
• Minority Language Education Rights (right to have children educated in their own language)

A Charter application is a motion brought on behalf of the defence alleging a breach or breaches of the accused Charter rights. The issues raised on a Charter application are normally in regard to one™s legal rights under sections 7 “ 14 of the Charter:

• right to Life, Liberty, and Security of the Person
• freedom from unreasonable search and seizure.
• freedom from arbitrary detention or imprisonment.
• right to legal counsel and the guarantee of habeas corpus.
• rights in criminal and penal matters such as the right to be presumed innocent until proven guilty.
• right not to be subject to cruel and unusual punishment.
• rights against self-incrimination.
• right to an interpreter in a court proceeding.

On a Charter application, there are also submissions as to what the appropriate remedy is, such as a stay of proceedings or having evidence excluded from a trial.

To obtain a Charter remedy, the accused must:

• lay out a factual foundation;
• bring the application at the appropriate stage of litigation; and
• demonstrate that, on a balance of probabilities, there has been a violation of his or her Charter right(s).

There can be various types of arguments on a Charter application. At the heart of each Charter application is the argument that the police or Crown have done something that breached a right or multiple rights of the accused and, as a result, this needs to be rectified by way of a remedy.

Section 32 of the Charter provides that the Charter applies 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
• The legislature and government of each province in respect of all matters within the authority of the legislature of each province