Have you read the Charter of Rights and Freedoms? Search for The Constitution Act 1982 and it will come up. The Charter of Rights like all of the Charters as we know them derive from the Magna Carta (which literally means The Big List in Latin) signed in 1215 by King John, still stands today in almost it`s original form. Why the need for a Charter? Whilst King Richard was fighting the Crusades (which is a whole other story) in the Middle East, his Brother Prince John consolidated his position and arranges the assassination of his brother so to take on the Crown (This story is brilliantly told in the Movie Robin Hood with Russell Crowe by the way) from the beginning Prince John basically unleashed a rule of dictatorship which intensified when he became King. Misspent the treasury and taxed the Country to death to pay for his indulgences be it pleasure or war. The Land Owners, Noblemen etc., revolted and drew up the Magna Carta in 1212 to establish the LIMITS of the Kingdom (Now Government), King John promised he would sign but only after the Noblemen promised to raise and army to defend Englandan attack by the French. When the French were warded off of course like all Tyrants, refused to sign and only after much loss of blood did King John in 1215, with a dagger at his throat, signed the document into Law. Much blood has been spilled since defending those Rights and Freedoms. It`s is about an hours read in easy to understand language and most of the Articles are basic things, like Freedom of Speech, Freedom of Association, Freedom from Illegal searches and seizures, however the two most important articles are 32 and 52........
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislatures and governments of each province in respect of all matters within the authority of the legislature of each province.
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
And........
52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
(2) The Constitution of Canada includes
(a) the Canada Act, 1982, including this Act;
(b) the Acts and orders referred to in the Schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).
(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.
You can see that it quite clearly states the the Charter applies only to the Government, when a Police Officer (Or anyone) puts on a Uniform in the Service of the Government, this Charter Applies to him or her, restricting their behavior/attitude toward the PUBLIC who employ them to Serve and Protect, unless there is a clear Breach of the Peace. Article 52 reminds us that this is the SUPREME Law or in other words, there is only one higher authority above that....God The Charter does NOT apply to us, Laws apply to us. The Charter is a "Written in Stone" Document with a set of conditions for the Governments behavior, which is why it can only be amended but the actual word and intent of the document are always in effect. I know it`s a bit wordy but I think it is worth clarifying those few points.