The Charter of Rights and Freedoms
Image Credits: Richard Foot.
--This document is very important to all citizens and very special in that it is rare for any country to actually put into a constitution the rights of the citizens.
--This document was added to our constitution in 1982 after concerns that the government may have been abusing people's rights or that certain people were being discriminated against.
--This document was added to our constitution in 1982 after concerns that the government may have been abusing people's rights or that certain people were being discriminated against.
Under the Charter, all Canadians enjoy the following rights:
equality rights: equal treatment before and under the law, and equal protection and benefit of the law without discrimination
democratic rights: the right to participate in political activities, to vote and to be elected to political office and similar rights
legal rights: the right to be presumed innocent until proven guilty, the right to retain a lawyer and to be informed of that right, and the right to an interpreter in a court proceeding are examples
mobility rights: the right to enter and leave Canada, and to move to and take up residence in any province or to reside outside Canada
language rights: generally, the right to use either French or English languages in communications with Canada's federal government and certain of Canada's provincial governments
minority language education rights: generally, French and English minorities in every province and territory have the right to be educated in their own language
All Canadians also enjoy fundamental freedom of religion, freedom of thought, freedom of expression, freedom of the press, peaceful assembly, and freedom of association subject to the reasonable limitations clause:
"The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."
This means that even though we have freedom of expression, we are not allowed to spread hatred or racism, etc.
This is the "Notwithstanding Clause" that we will refer to later on in this section.
democratic rights: the right to participate in political activities, to vote and to be elected to political office and similar rights
legal rights: the right to be presumed innocent until proven guilty, the right to retain a lawyer and to be informed of that right, and the right to an interpreter in a court proceeding are examples
mobility rights: the right to enter and leave Canada, and to move to and take up residence in any province or to reside outside Canada
language rights: generally, the right to use either French or English languages in communications with Canada's federal government and certain of Canada's provincial governments
minority language education rights: generally, French and English minorities in every province and territory have the right to be educated in their own language
All Canadians also enjoy fundamental freedom of religion, freedom of thought, freedom of expression, freedom of the press, peaceful assembly, and freedom of association subject to the reasonable limitations clause:
"The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."
This means that even though we have freedom of expression, we are not allowed to spread hatred or racism, etc.
This is the "Notwithstanding Clause" that we will refer to later on in this section.
What is the difference between a Right and a Freedom?
A RIGHT:
--is a legal, moral, or social claim that people are entitled to--primarily from their government.
--a legal right is something that cannot be given to you one time and then denied another time.
--if you have a legal right, then some other person has a legal DUTY to see that this right is honoured.
--if it isn't you can rely on the law to see that something is done about the matter.
A FREEDOM:
--is the right to conduct one's affairs without governmental interference.
--UNLIKE a right, no one has a duty to oversee or enforce this freedom
--the government: however, still has an obligation not to unduly limit individual freedoms
--is a legal, moral, or social claim that people are entitled to--primarily from their government.
--a legal right is something that cannot be given to you one time and then denied another time.
--if you have a legal right, then some other person has a legal DUTY to see that this right is honoured.
--if it isn't you can rely on the law to see that something is done about the matter.
A FREEDOM:
--is the right to conduct one's affairs without governmental interference.
--UNLIKE a right, no one has a duty to oversee or enforce this freedom
--the government: however, still has an obligation not to unduly limit individual freedoms
The Notwithstanding Clause
If a province wants to opt out of any part of the Constitution because it did not "fit" their attitude, heritage, or history, they could "opt out" of that part of the Constitution.
This clause is included in the Charter of Rights and Freedoms to serve as an "escape" clause for both the federal and provincial legislatures. It allows the possibility for both levels of government to pass a law even if the law violates one of the rights guaranteed in the Charter. Governments may suspend a right in the Charter for a period of up to 5 years, but must then seek renewal. the notwithstanding clause is significant because it gives some power back to the government, and at the same time, it allows for the legal restriction of individual rights.
A key point in Canadian history: not one premier would sign the Constitution unless this "notwithstanding clause" was put into it.
This clause is included in the Charter of Rights and Freedoms to serve as an "escape" clause for both the federal and provincial legislatures. It allows the possibility for both levels of government to pass a law even if the law violates one of the rights guaranteed in the Charter. Governments may suspend a right in the Charter for a period of up to 5 years, but must then seek renewal. the notwithstanding clause is significant because it gives some power back to the government, and at the same time, it allows for the legal restriction of individual rights.
A key point in Canadian history: not one premier would sign the Constitution unless this "notwithstanding clause" was put into it.
Examples:
This clause has only ever been used once. In Quebec, they have a special law called Bill 101. Bill 101 states that all public signs in Quebec MUST BE IN FRENCH ONLY. Since this law goes against the language rights of English speakers living in Quebec, in order to bring this into effect, Quebec has to use the "notwithstanding clause" in order to pass it. Alberta has threatened to use the "notwithstanding clause" if the Federal government ever puts gay marriage rights into the Constitution. Alberta is Canada's most religious province and some feel gay marriage goes against the Bible. Alberta's Premier has said that they will use the notwithstanding clause to block gay marriage in Alberta. |
Photo credits: Dickelbers, Wikimedia Commons
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Assignment: Review Worksheet
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