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欧风小语种加拿大宪法（英文版）
Canada Constitution Act 1982
{ Adopted in: 1982 }
{ ICL Document Status: 14 April 1994 }
Part I Canadian Charter of Rights and Freedoms
[Preamble]
Whereas Canada is founded upon the principles that recognize the supremacy
of God and the rule of law:
[Title 1] Guarantee of Rights and Freedoms
Section 1 [Limitation of Rights]
The Canadian Charter of Rights and Freedoms guarantees the rights and
freedoms t out in it subject only to such reasonable limits prescribed
by law as can be demonstrably justified in a free and democratic society.
[Title 2] Fundamental Freedoms
Section 2 [Freedom of Religion, Speech, Association]
Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom
of the press and other means of communication;
(c) freedom of peaceful asmbly and
(d) freedom of association.
[Title 3] Democratic Rights
Section 3 [Electoral Rights]
Every citizen of Canada has the right to vote in an election of members of
the Hou of Commons or of a legislative asmbly and to be qualified for
membership therein.
Section 4 [Term Limits]
(1) No Hou of Commons and no legislative asmbly shall continue for
longer than five years from the date fixed for the return of the writs at
a general election of its members.
(2) In time of real or apprehended war, invasion or insurrection, a Hou
of Commons may be continued by Parliament and a legislative asmbly may
be continued by the legislature beyond five years if such continuation is
not oppod by the votes of more than one-third of the members of the
Hou of Commons or the legislative asmbly, as the ca may be.
Section 5 [Minimum Sessions]
There shall be a sitting of Parliament and of each legislature at least
once every twelve months.
[Title 4] Mobility Rights
Section 6 [Freedom to Move]
(1) Every citizen of Canada has the right to enter, remain in, and leave
Canada.
(2) Every citizen of Canada and every person who has the status of a
permanent resident of Canada has the right
(a) to move to and take up residence in an province; and
(b) to pursue the gaining of livelihood in any province.
(3) The rights specified in Subction (2) are subject to
(a) any laws or practices of general application in force in a province
other than tho that discriminate a
mong persons primarily on the basis of
prent or previous residence; and
(b) any laws providing for reasonable residency requirements as a
qualification for the receipt of publicly provided social rvices.
(4) Subctions (2) and (3) do not preclude any law, program or activity
that has as its object the amelioration in a province of conditions of
individuals in that province who are socially or economically
disadvantaged if the rate of employment in that province is below the rate
of employment in Canada.
[Title 5] Legal Rights
Section 7 [Personal Integrity]
Everyone has the right to life, liberty, and curity of the person and
the right not to be deprived thereof except in accordance with the
principles of fundamental justice.
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Section 8 [Search and Seizure]
Everyone has the right to be cure against unreasonable arch or
izure.
Section 9 [Imprisonment]
Everyone has the right not to be arbitrarily detained or imprisoned.
Section 10 [Arrest]
Everyone has the right on arrest or detention
inns(a) to be informed promptly of the reason therefor;
(b) to retain and instruct counl 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 relead if the detention is not lawful.
Section 11 [Fair Trial]
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 a 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 cau;
(f) except in the ca 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 vere
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 punishment for the offence has
been varied between the time of commission and the time of ntencing, to
the benefit of the lesr punishment.
Section 12 [No Cruel Punishment
]
Everyone has the right not to be subjected to any cruel or unusual
treatment or punishment.
Section 13 [Right Against Self-Incrimination]
A witness who testifies in any proceedings has the right not to have any
incriminating evidence so given ud to incriminate that witness in any
other proceedings, except in a procution for perjury or for the giving
of contradictory evidence.
Section 14 [Right to Interpreter]
A party or witness in any proceedings who does not understand or speak the
language in which the proceedings are conducted or who is deaf has the
right to the assistance of an interpreter.
[Title 6] Equality Rights
Section 15 [General Equality, No Discrimination]
(1) Every individual is equal before the and under the law and has the
好眼光right to the equal protection and equal benefit of the law without
discrimination bad on race, national or ethnic origin, colour, religion,
x, age, or mental or physical disability.
(2) Subction (1) does not preclude any law, program or activity that has
gcwas its object the amelioration of conditions of disadvantaged individuals
or groups including tho that are disadvantaged becau or race, national
or ethnic origin, colour, religion, x, age, or mental or physical
disability.
[Title 7] Official Languages of Canada
Section 16 [English, French]
(1) English and French are the official languages of Canada and have equal
rights and privileges as to their u in all institutions of the
Parliament and government of Canada.
(2) English and French are the official languages of New Brunswick and
have equality of status and equal rights and privileges as to the u in
all institutions of the legislature and government of New Brunswick.
(3) Nothing in this Charter limits the authority of Parliament of a
legislature to advance the equality of status or u of English and
French.
Section 16.1 [New Brunswick]
(1) The English linguistic community and the French linguistic community
in New Brunswick have equality of status and equal rights and privileges,
including the right to distinct educational institutions and such distinct
cultural institutions as are necessary for the prervation and promotion
of tho communities.
(2) The role of the legislature and the government of New Brunswick to
prerve and promote the status, rights and privileges referred to in
Subction (1) is affirmed.
Section 17 [Parliamentary Languages]
(1) Everyone has the right to u English or French in any debates or
other proceedings of Parliament.
(2) Everyone has the right to u English or French in any debate and
other proceeding of the legislature of New Brunswick.
Secti
on 18 [Legislative Languages]
(1) The Statutes, records and journals of Parliament shall be printed and
published in English and French and both language
versions are equally authoritative.
(2) The Statutes, records and journals of New Brunswick shall be printed
and published in English and French and both language versions are equally
authoritative.
Section 19 [Court Languages]
(1) Either English or French may be ud by any person in, or in any
pleading in or process issuing from any court established by Parliament.
(2) Either English or French may be ud by any person in, or in any
pleading in or process issuing from any court of New Brunswick.
Section 20 [Administrative Languages]
(1) Any member of the public of Canada has the right to communicate with,
and to receive available rvices from, any head or central office of an
institution of the Parliament or government of Canada in English or
French, and has the same right with respect to any other office of any
such institution where
(a) there is significant demand for communications with and rvices from
that office in such language; or
(b) due to the nature of the office, it is reasonable that communications
with and rvices from that office be available in both English and
French.
(2) Any member of the public in New Brunswick has the right to communicate
with, and to receive available rvices from, any office of an institution
of the legislature or government of New Brunswick in English or French.zang
Section 21 [Other Language Provisions]
Nothing in Sections 16 to 20 abrogates or derogates from any right,
privilege, or obligation with respect to the English and French languages,
or either of them, that exists or is continued by virtue of any other
provision of the Constitution of Canada.
Section 22 [Prior Language Rights]
Nothing in Sections 16 to 20 abrogates or derogates from any legal or
customary right or privilege acquired or enjoyed either before or after
the beyondthe coming into force of this Charter with respect to any language that is
not English or French.
[Title 8] Minority Language Educational Rights
Section 23 [Educational Languages]
(1) Citizens of Canada
(a) who first language learned and still understood is that of the
English or French linguistic minority population of the province in which
they reside, or
(b) who have received their primary school instruction in Canada in
English or French and reside in a province where the language in which
they received that instruction is the language of the English or French
linguistic minority population of the province,
have the right to have their children receive primary and condary school
instruction in that language in that province.
(2) Citizens of Canada of whom any child has received or is receiving
primary or condary school instruction in English or French in Canada,
have the right to have all their children receive primary and condary
school instruction in the same language.
(3) The right of citizens of Canada under Subctions (1) and (2)
to have their children receive primary and condary school instruction in
the language of the English or French linguistic minority population of a
高中英语教材
province
(a) applies wherever in the province the number of children of citizens
who have such a right is sufficient to warrant the provision to them out
of public funds of minority language instruction; and
(b) includes, where the number of children so warrants, the right to have
them receive that instruction in minority language educational facilities
provided out of public funds.
[Title 9] Enforcement
Section 24 [Access to Courts]
(1) Anyone who 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.
(2) Where, in proceedings under Subction (1), a court concludes that
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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.
[Title 10] General
Section 25 [Aboriginal Rights]
The guarantee in this Charter of certain rights and freedoms shall not be
construed so as to abrogate or derogate from any aboriginal, treaty, or
other rights or freedoms that pertain to the aboriginal peoples of Canada
including
(a) any rights or freedoms that have been recognized by the Royal
Proclamation of October 7, 1763; and
(b) any rights or freedoms that now exist by way of land claims agreements
or may be so acquired.
Section 26 [Prior Rights]
The guarantee in this Charter of certain rights and freedoms shall not be
construed as denying the existence of any other rights and freedoms that
exist in Canada.
Section 27 [Multicultural Heritage]
This Charter shall be interpreted in a manner consistent with the
prervation and enhancement of the multicultural heritage of Canadians.
Section 28 [Sex Equality]
Notwithstanding anything in this Charter, the rights and freedoms referred
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to in it are guaranteed equally to male and female persons.
Section 29 [School Privileges]
Nothing in this Charte
