3.2 Rights and Freedoms

Equal protection and benefit of the law without discrimination based on determinate traits such as race, national or ethnic origin, color, religion, sex, age, or mental or physical disability.

Life, liberty, and security of the person. The Criminal Code of Canada outlines many offenses that no one is allowed to commit against you, including theft, vandalism, fraud, physical assault, and murder. Additional provisions include:

• Protection from unreasonable search or seizure.
• Protection from arbitrary detention or imprisonment.
• The right to be informed promptly of the reasons for arrest or detention.
• The right to legal counsel and a fair trial.
• Protection against cruel and unusual treatment or punishment.

Include the rights to:

• Enter, remain in, and leave Canada.
• Move to and take up residence in any province and pursue a livelihood in any province.

Include the rights to:

• Communicate and receive services in English or French in federal institutions.
• Receive education in English or French, where numbers warrant.

Upon turning 18 years of age, these include the rights to:

• Vote in federal, provincial, and territorial elections and run for public office.
• Democratic governance, including a regular sitting of Parliament and legislatures.

Freedom to practice, teach, and observe one’s religion or beliefs.

Freedom to gather peacefully for protests, demonstrations, or other purposes.

Freedom to join or form groups, unions, or organizations for any lawful purpose.

Freedom of speech, the press, and other media of communication.

Harassment involves repeated and unwelcome actions, words, or behaviour that offend, humiliate, or intimidate someone. For it to constitute a criminal offense, it must cause a person to reasonably fear for their safety or the safety of others and meet several criteria. Proving criminal harassment often requires clear evidence of intent, persistence, and the victim’s reasonable fear, which can be subjective and difficult to substantiate.

Under no circumstances is it legal or justifiable to issue threats of physical harm or violence toward another person, whether orally or in writing.

If you believe a threat made by someone else poses an immediate danger to your physical safety, consult with law enforcement immediately. Document the threat, including dates and any relevant evidence to support your case.

Hate speech is a form of communication that incites hatred, discrimination, or violence against individuals or groups based on protected characteristics (see Equality Rights). Like criminal harassment, this can be difficult to prove beyond a reasonable doubt since speech is often subjective and interpretive (Chapter 8).

Further, there is a distinction, albeit blurry at times, between speech that one hates, or dislikes, and speech that legally constitutes hate speech. For example, expressing disapproval of someone’s actions, lifestyle, or beliefs that are not explicitly tied to protected characteristics is not hate speech.

Specific forms of speech are restricted because they pose an immediate risk to public safety. For instance, yelling “fire” in a crowded theatre without cause or making false bomb threats could lead to panic, injuries, or other harm.