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Canadian Charter of Rights and Freedoms

Section 2: Fundamental Freedoms

Constitutional text, simplified legal explanation, key principles and selected Supreme Court precedents.

Charter Section

Constitutional text

Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.

The wording above is a concise constitutional-text presentation for this page. Use the official Justice Laws source below for the complete current text and all subsections.

Simplified legal explanation

Section 2 protects four fundamental freedoms: conscience and religion; thought, belief, opinion and expression; peaceful assembly; and association. These freedoms are guaranteed to everyone, subject to constitutionally justified limits under section 1.

Key constitutional points

1.

Freedom of expression includes freedom of the press and other media of communication.

2.

Freedom of religion protects religious belief and practice and also protects against state-imposed religious conformity.

3.

Peaceful assembly protects collective public activity that falls within its scope.

4.

Freedom of association protects important forms of collective activity, including recognized labour-related associational interests.

5.

A restriction on a section 2 freedom may still be constitutional if justified under section 1.

Selected Supreme Court precedents

Freedom of Expression — R. v. Keegstra (1990)

The Supreme Court considered the Criminal Code provision prohibiting the wilful promotion of hatred against identifiable groups. The Court held that the provision infringed freedom of expression under section 2(b), but a majority concluded that the infringement was justified under section 1 in the circumstances.

Freedom of Religion — R. v. Big M Drug Mart Ltd. (1985)

The Supreme Court held that the federal Lord’s Day Act infringed freedom of conscience and religion because its purpose was to compel observance of a Christian Sabbath. The decision is foundational to the principle that the state cannot impose religious observance through legislation.

How to verify the law

Constitutional summaries are useful for orientation, but the exact constitutional text and current Supreme Court jurisprudence should be consulted for a legal question. Selected cases on this page explain important principles but do not constitute a complete case digest.

Official references

Frequently Asked Questions

No. It provides an educational explanation of the specified Charter section and selected Supreme Court jurisprudence. Constitutional outcomes depend on the precise facts, applicable legislation, procedural history and current case law. A specific legal matter should be reviewed with a qualified Canadian lawyer or an appropriate legal clinic.

The Charter primarily applies through section 32 to Parliament, the federal government, provincial legislatures and provincial governments. It is not a general private-law code governing every dispute between private parties. Charter principles can nevertheless become relevant where an entity is exercising a governmental function or implementing government policy, depending on the circumstances and Supreme Court jurisprudence.

Yes. Section 1 permits reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. The government must satisfy the applicable constitutional justification framework. A statutory restriction therefore does not become constitutional simply because it was enacted by legislation.

No. Section 33 applies only to section 2 and sections 7 to 15. It does not override sections 3, 6 or 23, for example. A declaration also ceases to have effect after five years unless it is re-enacted.

Yes. Many Charter rights apply to permanent residents because the Charter uses “everyone” or “every individual” for numerous rights. Section 6(2), for example, expressly grants mobility rights to Canadian citizens and permanent residents. Some rights are citizen-specific, including the voting right in section 3 and the minority-language education right in section 23, which has its own citizenship and language criteria.

The authoritative federal source is the Justice Laws Website, which publishes the Constitution Acts, 1867 to 1982, including Part I of the Constitution Act, 1982 containing the Canadian Charter of Rights and Freedoms. The Department of Justice also publishes Charterpedia materials explaining individual Charter provisions.
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Constitutional authority

The Canadian Charter of Rights and Freedoms forms Part I of the Constitution Act, 1982. The Constitution is supreme law in Canada, and section 52(1) provides that an inconsistent law is of no force or effect to the extent of the inconsistency.

The Charter primarily governs Parliament, governments, legislatures and governmental action within the scope specified by section 32.

This section in context

ProvisionSection 2
SubjectFundamental Freedoms
SourceConstitution Act, 1982 — Part I

Educational use

This page is designed for general education and newcomer orientation. A constitutional question involving a real dispute should be assessed using the current legislation, procedural history and binding jurisprudence.