Canada Act 1982

JurisdictionUK Non-devolved
Citation1982 c. 11
  • The Constitution Act, 1982 set out in Schedule B to this Act is hereby enacted for and shall have the force of law in Canada and shall come into force as provided in that Act.
  • No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law.
  • So far as it is not contained in Schedule B, the French version of this Act is set out in Schedule A to this Act and has the same authority in Canada as the English version thereof.
  • This Act may be cited as the Canada Act 1982.
  • 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.freedom of conscience and religion;freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;freedom of peaceful assembly; andfreedom of association.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.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.There shall be a sitting of Parliament and of each legislature at least once every twelve months.Every citizen of Canada has the right to enter, remain in and leave move to and take up residence in any province; andto pursue the gaining of a livelihood in any province.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; andany laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.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.Everyone has the right to be secure against unreasonable search or seizure.Everyone has the right not to be arbitrarily detained or be informed promptly of the reasons therefor;to retain and instruct counsel without delay and to be informed of that right; andto have the validity of the detention determined by way of habeas corpus and to be released if the detention is not be informed without unreasonable delay of the specific offence;to be tried within a reasonable time;not to be compelled to be a witness in proceedings against that person in respect of the offence:to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;not to be denied reasonable bail without just cause;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;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;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; andif 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.Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.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.

    To continue reading

    Request your trial

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT