NB FLAG.jpg

DISCLAIMER: Information on this Website is for educational purposes only and does not to replace legal advice.

 

The Charter of Rights is the Supreme law followed by the Criminal Code. Freedom of conscience and freedom of assembly are unassailable rights in Canada.  And therefore, are Constitutional constraints on governments’ emergency powers.  Placing limits on Canadians’ rights and freedoms must be reasonable, prescribed by law, and demonstrably justified in a free and democratic society .

Charter of Rights and Freedoms

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.

Everyone has the right to life, liberty, and security of the person and the right to not be deprived thereof except in accordance with the principles of fundamental justice.

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

Everyone has the right not to be arbitrarily detained or imprisoned.

15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Bill of Rights

It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely;

(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

(b) the right of the individual to equality before the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and association; and

(f) freedom of the press.

Section 176 Criminal Code 

(1) Every one who

(a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent a clergyman or minister from celebrating divine service or performing any other function in connection with his calling, or
(b) knowing that a clergyman or minister is about to perform, is on his way to perform or is returning from the performance of any of the duties or functions mentioned in paragraph

(i) assaults or offers any violence to him, or
(ii) arrests him on a civil process, or under the pretence of executing a civil process, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Disturbing religious worship or certain meetings

(2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction. 

This provision protects the ability of clergy to lead and individuals to participate in religious services or gatherings without interference or disruption.