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Intersections Between Charter and CRC Rights
Canadian Charter of Rights and Freedoms | UN Convention on the Rights of the Child |
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Section 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. |
The Convention as a whole can be used to assist in the interpretation of this section and the application of the Oakes test to any rights infringement that the government seeks to justify. |
Section 2: Everyone has the following fundamental freedoms:
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Art. 14: freedom of thought, conscience and religion |
Section 6: Every citizen of Canada has the right to enter, remain in and leave Canada. |
Art. 10: right to enter or leave state for purpose of family reunification |
Section 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. |
Art. 6: inherent right to life, and survival and development of the child |
Section 8: Everyone has the right to be secure against unreasonable search or seizure. |
Art. 16: no arbitrary or unlawful interference with privacy, family, home or correspondence |
Section 9: Everyone has the right not to be arbitrarily detained or imprisoned. |
Art. 37: not to be deprived of liberty unlawfully or arbitrarily |
Section 10: rights upon arrest and detention |
Art. 40: rights of the child who is alleged as, accused of or recognized as having infringed the penal law |
Section 12: Everyone has the right not to be subjected to cruel and unusual treatment or punishment. |
Art. 19: protection from all forms of violence |
Section 15: 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. |
Art. 2: rights respected and ensured without discrimination of any kind (race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status) |
Section 28: Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed to male and female persons. |
Art. 2: rights without discrimination on basis of sex |
Intersections Between Youth Criminal Justice Act and CRC Rights
Youth Criminal Justice Act | UN Convention on the Rights of the Child |
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Preamble: guaranteeing special protections of young peoples’ Charter rights and rights under the CRC |
Preamble, referencing UN Standard Minimum rules of the Administration of Juvenile Justice (Beijing Rules) |
Intersections Between Canadian Constitutional Act and Declaration on the Rights of Indigenous Peoples
Canadian Constitutional Act 1982 | Declaration on the Rights of Indigenous People |
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Section 35: The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby |
Various articles |