What It Means

Section 1 guarantees and limits the rights and freedoms set out in the Charter. The rights and freedoms include:

• fundamental freedoms (freedom of religion, freedom of expression, freedom of association)
• democratic rights (the right to vote and hold office)
• the right to live or work anywhere in Canada
• the right to life, liberty and personal security
• equality rights
• the official languages of Canada
• minority language education rights
• multiculturalism, and
• Aboriginal rights.

These rights are not absolute. Under section 1, these rights can be limited to protect other rights or values important to Canadian society.

For a Charter right to be limited, the limit must be

• prescribed by law
• reasonable
• justifiable in a free and democratic society

For more information about how section 1 affects a Charter right, see Regina v. Oakes in Case Law.