Intersections between Charter and CRC rights

Intersections Between Charter and CRC Rights
Canadian Charter of Rights and Freedoms UN Convention on the Rights of the Child

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.
Article 3 (best interests of the child) helps to justify legislation that is being challenged in ways that might adversely impact the rights and interests of children.

Section 2: Everyone has the following fundamental freedoms:

  • freedom of conscience and religion
  • freedom of thought, belief, opinion and expression, including freedom of the press and other media communication
  • freedom of peaceful assembly; and
  • freedom of association.

Art. 14: freedom of thought, conscience and religion
Art. 12: right to express own views in all matters affecting the child
Art. 13: right to freedom of expression (incudes right to seek, receive and impart information)
Art. 15: freedom of association and peaceful assembly

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
Art. 9: right not to be separated from his or her parents
Art. 12: right to express views in all matters affecting the child and the right to be heard in judicial and administrative proceedings either directly or through a representative or appropriate body
Art. 19; protection from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment of exploitation
Art. 34: protection from all forms of sexual exploitation and abuse

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
Section 11: rights upon being charged with an offence

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
Art. 37: not be to subjected to torture or other cruel, inhuman or degrading treatment or punishment

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

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)
Art. 37: imprisonment to be a measure of last resort
Art 40: rights of children in the penal system


Intersections Between Canadian Constitutional Act and Declaration on the Rights of Indigenous Peoples
Canadian Constitutional Act 1982 Declaration on the Rights of Indigenous People

Section 35: The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby

Various articles