In Canada, both federal and provincial or territorial laws protect the rights and freedoms of individuals.  The Canadian Constitution includes the rights and freedoms to which Canadians are entitled in a free and democratic society.  The Constitution guarantees certain political rights to Canadian citizens.  It also guarantees civil rights to everyone in Canada.

The Canadian Constitution protects:

                             --  The freedom to express your beliefs and opinions freely (including through free press);

                                -- The freedom to associate with anyone you wish and gather peacefully with other people;

                             --  The freedom to practice religion;

                            -- The right to live anywhere in Canada;

                            -- The right to protection from unlawful or unjust arrest or detention by the government because in Canada every individual is equal before and                                     under the law.  You also have the right to due legal process under Canadian law.  This means that the government must respect all your rights

                                    under law; 

As a resident of Canada, you benefit from all the rights listed above and more. 

Rights come with responsibilities

People who live in Canada are expected to understand and obey Canadian laws, allow other Canadians to enjoy their rights and freedoms and help preserve Canada's multicultural heritage.

It is also important for Canadians to become informed about politics and help to improve their communities and the country.

Citizens of Canada have other rights and freedoms, such as the right to vote in elections. To learn about these rights, see the Canadian Charter of Rights and Freedoms. 

The Canadian Human Rights Act

The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution and protects you from the moment you arrive in Canada. It sets out the values that Canadians live by and describes the kinds of personal human rights and freedoms we can expect in this country. Some of those rights and freedoms include:

• The right to life, liberty and personal security
•  Freedom of conscience and religion
•  Freedom of thought, belief, opinion and expression, including freedom of the press and other media
• Freedom to hold peaceful meetings
• Freedom to join groups
• Protection from unreasonable search or seizure and unjustified detainment and imprisonment
• The right to be presumed innocent until proven guilty
• The right to retain and instruct counsel (a lawyer) without delay
• The right to a fair trial, through due process of law
• The right to equal protection and benefit under the law, without discrimination

The purpose of this act is to promote equality and prohibit discrimination. In this law discrimination can include race, nationality or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted. At work, no one should be held back from a promotion, be refused employment, or have their employment ended because of discrimination.

Canadian Law

Newcomers to Canada often bring their idea about the law and legal system (and how it works) from their own countries.  It is very important that you understand the laws and legal system in Canada.

Canada's legal and political system come from the rights and freedoms of the British system.  In Quebec, parts of the legal system comes from France.

The courts are separate from the Government.  Canadians elect their government who then make the laws.

In Canada, the law applies to everyone, including:  Police, Government and public officials.  Canadian laws recognize and protect basic rights and freedoms, such as liberty and equality.

Public law and private law

Law can be divided into public and private law.

Public laws set the rules for the relationship between a person and society and for the roles of different levels of government. This includes Criminal, Constitutional and Administrative.

Private or Civil Law deals with the relationships between people. Civil laws set the rules for: Contracts, Property Ownership, Rights and duties of family members, and Damage to someone or their property caused by others, and so on.

Courts

Courts in Canada help people resolve disputes fairly and within the law. Most people settle their differences outside of court (for example, through mediation or arbitration).

Police

The police in Canada keep people safe and enforce the law. There are different types of police, including Federal, provincial, territorial, and municipal police forces.  Police are there to help you if you have been the victim of a crime.  In most locations across Canada, the emergency number for police, fire and ambulance is 911.

 You should call the police if you:

• Are the Victim of a crime
• See a crime taking place
• know about criminal activities

If the police question or arrest you, do not resist.  Under Canadian law, you are presumed innocent until proven guilty.  Be calm, speak clearly.  If you are detained by the police, you have the right to know why.  You have the right to have a lawyer present and a translator present (if you need one).  It is a serious crime to try to bribe the police by offering money, or gifts.