Your Fundamental Freedoms Under Section 2 of the Charter

Section 2 of the Canadian Charter of Rights and Freedoms sets out four fundamental freedoms that everyone in Canada has.

The four freedoms

1. Freedom of conscience and religion.
2. Freedom of thought, belief, opinion and expression, including freedom of the press.
3. Freedom of peaceful assembly.
4. Freedom of association.

Who must respect them

The Charter applies to governments: federal, provincial and municipal, and bodies acting for government, such as police and public schools. Disputes with a private employer, store or landlord are usually covered by human rights laws instead.

The limits

Under section 1, the government may limit a Charter right if the limit is set by law and can be demonstrably justified in a free and democratic society. Courts use the Oakes test to decide.

Examples

• Hate propaganda laws limit expression, and courts have upheld them.
• Protest rules, such as permits or buffer zones, may limit assembly.

If you think your rights were violated

Charter arguments are often raised in court, for example to exclude evidence or challenge a law. Get legal advice early.

Sources

• Canadian Charter of Rights and Freedoms
• R. v. Oakes and section 1 (NEO guide)

Read next: Equality Rights Under Section 15 of the Charter

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: brown concrete statue of man · Ornate gate in front of a grand historic building.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.