Do Charter rights apply to non-citizens?

• A. Yes, to every person in Canada.
• B. No, only citizens.
• C. Only permanent residents.
• D. Only residents with status.

Answer: (A)

The idea being tested is that the Charter protects rights for every person in Canada, not just citizens. This means non-citizens—such as temporary residents, permanent residents, or visitors—enjoy many of the same fundamental protections when they are in the country. Rights like liberty and security, protection from unfair treatment, and due process apply to all people, and there are limits allowed by law, but the basics stay in place for everyone.

Some rights in practice are linked to citizenship, like the right to vote in elections, but that doesn’t strip non-citizens of Charter protections in daily life. For example, non-citizens still have protections against arbitrary detention, guarantees of legal rights if charged with a crime, and, under Section 6, the right to move within Canada and pursue livelihood in any province. This shows that being in Canada is enough for Charter protections, while citizenship grants additional political rights.