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Charter of Rights and Freedoms

Charter of Rights and Freedoms

Here are the articles from the Canadian and the Quebec Charter of Rights and Freedoms apt to be used in swinger activities.

Department of Justice Canada
Decreed as Annex B of the law of 1982 of Canada, 1982, ch. 11 (R.-U.), into effect April 17, 1982.



Guaranteed Rights and Freedoms
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.

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:

  1. a) freedom of conscience and religion;
  2. b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
  3. c) freedom of peaceful assembly, and;
  4. d) freedom of association.

Legal Rights

Life, Liberty and Security of Person
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.

Search or Seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or Imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or Detention

10. Everyone has the right on arrest or detention
  • a) to be informed promptly of the reasons therefore;
  • b) to retain and instruct counsel without delay and to be informed of that right; and
  • c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Proceedings in Criminal and Penal Matters

11. Any person charged with an offence has the right
  • a) to be informed without unreasonable delay of the specific offence;
  • b) to be tried within a reasonable time;
  • c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
  • d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
  • e) not to be denied reasonable bail without just cause;
  • f) 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;
  • g) 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;
  • h) 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
  • i) 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.



Right to Life

1. Every human being has a right to life, and to personal security, inviolability and freedom.

Fundamental Freedoms

3. Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.

Safeguard of Dignity

4. Every person has a right to the safeguard of his dignity, honour and reputation.

Respect for Private Life

5. Every person has a right to respect for his private life.

Right to Equal Recognition and Exercise of Rights and Freedoms - Chapter 1.1
Discrimination Forbidden

10. Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap.

Discrimination Defined

Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.

Judicial Rights - Chapter 3

Search and Seizure

24.1 No one may be subjected to unreasonable search or seizure.

Information on Grounds of Arrest

28. Every person arrested or detained has a right to be promptly informed, in a language he understands, of the grounds of his arrest or detention.

Rights of Accused Person

28.1 Every accused person has a right to be promptly informed of the specific offence with which he is charged.

Right to Advise Next of Kin

29. Every person arrested or detained has a right to immediately advise his next of kin thereof and to have recourse to the assistance of an advocate. He has a right to be informed promptly of those rights.

Presumption of Innocence

33. Every accused person is presumed innocent until proven guilty according to law.

Quebec Civil Code

Civil Code of Quebec - Book One - Persons: Title One - Enjoyment and Exercise of Civil Rights

1. Every human being possesses judicial personality and has the full enjoyment of civil rights.
2. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy. These rights are inalienable.

Civil Code of Quebec - Book One - Persons: Title Two - Certain Personality Rights

10. Every person is inviolable and is entitled to the integrity of his person. Except in cases provided for by law, no one may interfere with his person without his free and enlighted consent.

Civil Code of Quebec - Book One - Persons: Title Two - Certain Personality Rights: Chapter 3 - Respect of Reputation and Privacy

35. Every person has a right to the respect of his reputation and privacy. No one may invade the privacy of a person without the consent of the person or his heirs unless authorized by law.

36. The following acts, in particular, may be considered as invasions of the privacy of a person:
1. entering or taking anything in his dwelling;
2. intentionally intercepting or using his private communications;
3. appropriating or using his image or voice while he is in private premises;
4. keeping his private life under observation by any means;
5. using his name, image, likeness or voice for a purpose other than the legitimate information of the public;
6. using his correspondence, manuscripts or other personal documents.

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