Canada’s Charter of Rights and Freedoms is often thought of as abstract — something invoked in Supreme Court cases rather than daily life. But when it comes to community safety, the Charter is a constant presence, shaping what police can do, how courts operate, and where the limits of state power lie.
Key Charter Protections Relevant to Safety
Section 7: Right to life, liberty, and security of the person — the foundation for both freedom and protection.
Section 8: Protection against unreasonable search and seizure.
Section 9: Protection against arbitrary detention or imprisonment.
Section 10: Rights upon arrest or detention — to know why, to remain silent, and to access a lawyer.
Section 11: Rights in criminal proceedings — fair trials, presumption of innocence, reasonable bail.
Section 15: Equality rights — ensuring laws and enforcement apply without discrimination.
Where the Tensions Emerge
Over-policing vs under-protection: Communities often see the Charter violated in practice, even if protections exist on paper.
Security vs liberty: Policies framed around “safety” sometimes push against fundamental freedoms.
Technology gaps: The Charter wasn’t written with digital surveillance, predictive policing, or AI in mind.
Emergency powers: During crises, rights may be suspended or limited, raising questions of proportionality.
Canadian Context
Supreme Court jurisprudence: The Charter has been used to strike down mandatory minimums, limit police powers, and affirm digital privacy rights.
Community safety boards: Charter values inform oversight, but enforcement of those values remains uneven.
Indigenous and racialized communities: Persistent evidence of Charter protections being applied inconsistently.
The Challenges
Awareness: Many Canadians don’t know how the Charter applies to everyday encounters with police.
Access: Enforcing Charter rights often requires lawyers and lengthy court battles.
Reactive not proactive: The Charter often comes into play after a right has been violated.
Public perception: Safety rhetoric can overshadow Charter protections in moments of crisis.
The Opportunities
Public education: Make Charter rights part of school and community education.
Preventative use: Apply Charter principles when drafting laws, not just litigating them after.
Community advocacy: Equip marginalized communities with tools to assert their Charter rights in real time.
Charter modernization: Consider how digital rights fit into Section 7 and Section 8 protections.
The Bigger Picture
The Charter is Canada’s safety net — not just against crime, but against state overreach. True community safety means protection from both harm and abuse of power, and the Charter is meant to balance the scales.
The Question
If the Charter is supposed to guarantee both freedom and safety, then why do so many Canadians experience one at the expense of the other? Which leaves us to ask: how can we make the Charter a lived reality in community safety, not just a courtroom ideal?
The Canadian Charter of Rights and Freedoms protects a number of rights and freedoms, including freedom of expression and the right to equality. It forms part of our Constitution – the highest law in all of Canada – and is one of our country’s greatest accomplishments.
Every year on April 17, we celebrate the anniversary of the Charter which was signed in 1982.
The Canadian Charter and Community Safety
The Charter as Guardrail
Canada’s Charter of Rights and Freedoms is often thought of as abstract — something invoked in Supreme Court cases rather than daily life. But when it comes to community safety, the Charter is a constant presence, shaping what police can do, how courts operate, and where the limits of state power lie.
Key Charter Protections Relevant to Safety
Where the Tensions Emerge
Canadian Context
The Challenges
The Opportunities
The Bigger Picture
The Charter is Canada’s safety net — not just against crime, but against state overreach. True community safety means protection from both harm and abuse of power, and the Charter is meant to balance the scales.
The Question
If the Charter is supposed to guarantee both freedom and safety, then why do so many Canadians experience one at the expense of the other? Which leaves us to ask:
how can we make the Charter a lived reality in community safety, not just a courtroom ideal?
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms protects a number of rights and freedoms, including freedom of expression and the right to equality. It forms part of our Constitution – the highest law in all of Canada – and is one of our country’s greatest accomplishments.
Every year on April 17, we celebrate the anniversary of the Charter which was signed in 1982.