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Section Two of the Canadian Charter of Rights and Freedoms


Section 2 of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly, and freedom of association.

Section 1 of the Charter permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by the notwithstanding clause of the Charter.

As a part of the Charter and of the larger Constitution Act, 1982, section 2 took legal effect on April 17, 1982. Many of its rights, however, have roots in Canada in the 1960 Canadian Bill of Rights (although this law was of limited effectiveness), and in traditions under a theorized Implied Bill of Rights. Many of the freedoms, such as freedom of expression, have also been at the centre of federalism disputes.

Under the heading of "Fundamental Freedoms" the section states:


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