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Report No. 101

5.19. New Constitution of Canada.-

The new Constitution of Canada contains the following provisions on the subject:1

"Constitution Act, 1981

Part I: Canadian Charter of Rights and Freedom.

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Guarantee of 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:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and express on, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association."1

1. Constitution Act, 1981, Part 1, Canadian Charter of Rights and Freedoms, sections 1-2.

2. See McWhinney Canada and the Constitution, 1979-1982, (1983), Appendix E, p. 173.



Freedom of Speech and Expression under Article 19 of the Constitution - Recommendation to Extend it to Indian Corporations Back




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