Seal of Upper Canada

The Bill of Rights and Freedoms of the Dominion of Ontario

1. This bill guarantees the rights and freedoms set out herein subject only such
reasonable limits as can be justified in a free, just and democratic society.

Fundamental Rights and Freedoms.

2. All rights and freedoms guaranteed in this bill are guaranteed equally to all
people without discrimination based on race, national origin, ethnic origin, colour
religion, sex, age, mental or physical condition.

3. Everyone has the right to life, liberty and security of the person and not to be
deprived thereof except by due process of law.

4. Everyone has the right to the ownership, enjoyment and use of personal and
private property and not to be deprived thereof except by due process of law nor
without just and equitable compensation.

5. Everyone has freedom of conscience, religion, thought, opinion and belief.

6. Everyone has freedom of speech, press, expression and other forms of
communication.

7. Everyone has freedom of peaceful assembly and association.

8. Everyone has the right to equal protection under the law.

9. Everyone has freedom of movement.

10. Every citizen has the freedom to enter, remain in and/or leave the Dominion.

11. Every citizen has the freedom to pursue a gainly livelihood.

12. Every citizen has the freedom to vote and stand in any government
election for which they are qualified.

Legal Rights

13. Everyone has the right to be secure against unreasonable search and
seizure.

14. No one shall be arbitrarily imprisoned or detained.

15. On arrest of detention everyone has the right to;
 a. be informed promptly of the reason thereof;
 b. retain and instruct counsel;
 c. and have the validity of their detention determined by way of habeas corpus
 and to be released if the detention is unlawful.

16. Everyone has the right not to give evidence before any court, tribunal,
board or other authority if ;
 a. he is denied counsel or other constitutional safeguards.
 b. the evidence given may be self-incriminating.

17. When charged with an offence everyone has the right ;
 a. to be informed promptly of the specific charge;
 b. to be tried within a reasonable time;
 c. to be presumed innocent until proven guilty beyond the shadow of a doubt;
 d. to a fair hearing by an independent and impartial tribunal;
 e. not to be denied reasonable bail without just cause.
 f. except in the case of an offence under military law tried before a military
tribunal. to the benefit of trial by a jury of ones peers where the maximum
punishment is imprisonment for ten years or a more severe punishment.

18. Everyone involved as a party or witness in a proceeding before any court,
tribunal, board or other authority who does not understand or speak the language
the proceedings are conducted in has the right to an interpreter, including sign
language and other non-verbal forms of communication.

19. No one shall be found guilty of an offence on account of any act or omission
which at the time of its commission or omission did not constitute a crime.

20. Everyone acquitted of an offence shall not be tried for it again unless compelling
new evidence indicating their guilt comes forth.

21. Everyone found guilty and punished for an offence shall not be tired and/or
punished for that offence again.

22. Everyone found guilty of an offence shall not be subject to a heavier sentence
than was applicable at the time the offence was committed.

23. No one shall be subject to cruel and unusual punishment.

24. Any law which conflicts with the rights and freedoms guaranteed in this bill
shall be invalid to the extent that it interfere with the rights and freedoms
guaranteed in this bill.

25. Anyone who's rights or freedoms, as guaranteed under this bill, have been
infringed or denied may apply to a court of competent jurisdiction to obtain such
remedy as the court considers appropriate and just under the circumstances.

 Other Sections.

26. Nothing in this Bill abrogates, derogates nor denies any rights which exist
in the Dominion. Nothing in this bill neither guarantees or abrogates any rights or
freedoms, of any person, not mentioned herein.

27. Nothing in this Bill does or shall be deemed to extend nor confer any
legislative power on any body or authority.

28. Any changes or additions to this bill must, in addition to general legislative
practice, be approved by a two thirds majority in parliament and by a majority
vote  in a general public referendum in favour of the proposed changes or
additions to this Bill.

29. In times or real or apprehended war, invasion or insurrection Parliament may,
with a two thirds vote in favour, enact legislation, for the purpose of dealing with
the real or apprehended war, invasion or insurrection, that shall operate
notwithstanding the guarantees of this Bill (except sections 28 and/or 29) and shall
not be invalid by reason only of conflict with the guarantees of rights and freedoms
expressed under this Bill. All legislation passed under this section shall be null and
void after the real or apprehended war, invasion or insurrection has ended.

30. This Bill may be cited as the Bill of Rights and Freedoms of the Dominion of
Ontario.