Print this Page
Email to a friend
Report this Page
Digg It
Del.icio.us
FacebookDecoding: The Charter of Rights and Freedom
by Apathy is Boring — March 26, 2010
The Charter of Rights and Freedoms is a point of pride for Canadians that rarely gets the attention it deserves, given its importance in maintaining our democratic society. Put into place in 1982, the Charter guarantees our basic rights, privileges, and freedoms to home-grown Canadians, permanent residents, immigrants, or anyone with Canada's crest on their passport.
What is the Charter?
The Charter is a legal document that addresses all sorts of rights, ranging from life, liberty, and security to mobility rights. It also provides for minority language education and equality rights (no discrimination of race, national or ethnic origin, colour, religion, sex, age, or disability). Furthermore, the Charter accords equal status to English and French as Canada's two official languages. It's easy to take these fundamental freedoms for granted because they are generally respected in Canada. However, the Charter safeguards everything from freedom of conscience and religion to free expression and association.
Why does it exist?
These rights have important implications: they allow you to believe anything you want, or take to the streets and protest (peacefully, of course). And remember that person your mom wouldn't let you hang out with in high school? Freedom of association means that the government can't legally keep you apart (your mom still can, though). The Charter guarantees certain rights to all Canadians and ensures that they receive fair treatment even when they break the law.
How does it work?
These rights are still subject to "reasonable limits" But there is the infamous "notwithstanding clause" which no one really understands. Essentially, provincial governments can enact a law that excludes part of the Charter as long as it clearly states which right is “notwithstanding” in the law for a maximum of 5 years with possibility of renewal. This clause has rarely been used, as it's hard to justify why you would want to infringe on such precious rights!
How does it work?
These rights are still subject to "reasonable limits" But there is the infamous "notwithstanding clause" which no one really understands. Essentially, provincial governments can enact a law that excludes part of the Charter as long as it clearly states which right is “notwithstanding” in the law for a maximum of 5 years with possibility of renewal. This clause has rarely been used, as it's hard to justify why you would want to infringe on such precious rights!
So what?
It is difficult to uphold the Charter - life isn't a school yard, so people (and the government) don't always play by the rules. It's up to you to know your rights and freedoms, and speak up when they have been violated. Courts regularly turn to the Charter when making decisions and in major cases, the Supreme Court (Canada's the top legal body) will sometimes redefine how various rights are interpreted. Compromise also plays a key role in the Charter: all rights are subject to "reasonable limits." The Charter also includes a rarely-used and somewhat confusing "notwithstanding clause" - this allows provinces make limited exceptions to the Charter for a five-year period.
Conclusion
This article gives you a taste of the Charter, but be sure to check out the real deal! It's helpful to familiarize yourself with the Charter so that you can speak up if your rights are being violated.
This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 Canada License.
News
-
Win tickets to see Joel Plaskett in Toronto
by Apathy is Boring — April 23, 2012 -
Elections: Alberta - Are You A Voter?
by Apathy is Boring — March 26, 2012 -
Thank You: Moksha Yoga
by Apathy is Boring — March 21, 2012
Articles
-
Youth-Friendly Testimonials
by Apathy is Boring — March 22, 2012 -
How To: Vote in Alberta Provincial Elections
by Apathy is Boring — February 24, 2012 -
How To: Vote in the Toronto-Danforth By-election
by Apathy is Boring — February 24, 2012
