# Canadian Charter of Rights and Freedoms :::warning This Charter has been edited from its real-life counterpart for better understanding and suitability with the system in *City of Winnipeg*. **Not to be confused with any real-life statute.** ::: :::info Due to the lack of federal government in City of Winnipeg, this Charter gives the provincial government and legislative body more powers than in real life. ::: ## PART 1 - QUARANTEE OF RIGHTS AND FREDOMS #### 1. Rights and freedoms in Canada 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. ## PART 2 - FUNDAMENTAL FREEDOMS #### 2. Fundamental Freedoms Everyone has the following fundamental freedoms: 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; and 4. freedom of association. ## PART 3 - DEMOCRATIC RIGHTS #### 3. Democratic Rights of residents Every resident of City of Winnipeg has the right to vote in an election of members of the legislative assembly and to be qualified for membership therein. #### 4. Maximum duration of a legislative body No legislative assembly shall continue for longer than 4 months from the date fixed for the return of the writs at a general election of its members. #### 5. Monthly sitting of a legislative body There shall be a sitting of legislative assembly at least once every month. ## PART 4 - LEGAL RIGHTS #### 6. Life, liberty and security of person 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. #### 7. Search and seizure Everyone has the right to be secure against unreasonable search or seizure. #### 8. Detention or imprisonment Everyone has the right not to be arbitrarily detained or imprisoned. #### 9. Arrest or detention Everyone has the right on arrest or detention 1. to be informed promptly of the reasons therefor; 2. to retain and instruct counsel without delay and to be informed of that right; and 3. to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. #### 10. Proceedings in criminal and penal matters Any person charged with an offence has the right 1. to be informed without unreasonable delay of the specific offence; 2. to be tried within a reasonable time; 3. not to be compelled to be a witness in proceedings against that person in respect of the offence; 4. to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; 5. not to be denied reasonable bail without just cause; 6. 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 Manitoba law or was criminal according to the general principles of law recognized by the community; 7. 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; and 8. if 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. #### 11. Treatment and punishment Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. #### 12. Self-incrimination Everyone has the right to not incriminate themselves in any legal proceedings. This includes the right to remain silent when questioned by law enforcement or in a court. ## PART 5 - EQUALITY RIGHTS #### 13. Equality before and under law and equal protection and benefit of law 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. ## PART 6 - LANGUAGES #### 14. Official Language of Canada Due to the fact that the majority of the community understands and speaks English fluently, English shall be the only official language. Everyone has the right to use and receive public services in English in any institution of the government. #### 15. Unofficial languages French shall be considered as an unofficial language. Nothing limits the government or legislature to use French in statutes, records or journals, as long as they are also published in English. ## PART 7 - ENFORCEMENT #### 16. Enforcement of guaranteed rights and freedoms Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. #### 17. Exclusion of evidence bringing administration of justice into disrepute Where, in any proceedings a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. ## PART 8 - SHORT TITLE AND COMING INTO FORCE #### 18. Short title This Act may be cited as the *Canadian Charter of Rights and Freedoms Act*. #### 19. Coming into force This Act comes into force on the day fixed by proclamation. --- :::info As of March 22, 2021, this is the most current version available. :::