Karapatan at Responsibilidad Mga karapatan at responsibilidad

This chapter explains the freedoms Canadians enjoy and the duties that come with them. Canadian rights did not appear overnight: they grew out of a long history, are protected by Canadian law, and reflect values Canadians share. On the test, expect questions on where these rights come from, what the Charter protects, which items are responsibilities, how people can help defend Canada, and what new citizens promise in the oath.

Where Canadian rights come from

Canadian law draws on several sources: laws passed by Parliament and the provincial legislatures, English common law, the civil code of France, and an unwritten constitution inherited from Great Britain. Together they give Canada a tradition of ordered liberty about 800 years old, going back to Magna Carta, signed in England in 1215 and also called the Great Charter of Freedoms.

From this tradition come the fundamental freedoms:

• freedom of conscience and religion;
• freedom of thought, belief, opinion and expression, including freedom of speech and of the press;
• freedom of peaceful assembly;
• freedom of association.

Habeas corpus, the right to challenge unlawful detention by the state, comes from English common law.

The Canadian Charter of Rights and Freedoms

In 1982 the Constitution of Canada was amended to entrench the Charter. Its opening says Canada is founded on principles that recognize the supremacy of God and the rule of law. The Charter sums up the fundamental freedoms and adds other rights, including:

• Mobility rights: live and work anywhere in Canada, enter and leave the country freely, and apply for a passport.
• Aboriginal peoples’ rights: Charter guarantees will not take away from treaty or other rights of Aboriginal peoples.
• Official language rights and minority language educational rights: English and French have equal status in Parliament and throughout the federal government.
• Multiculturalism: a fundamental characteristic of Canadian heritage and identity. Canadians respect pluralism and try to live in harmony.

Equality of women and men

Men and women are equal under Canadian law. Canada’s openness does not extend to spousal abuse, “honour killings,” female genital mutilation, forced marriage or other gender-based violence. These are crimes, and those guilty are severely punished.

Citizenship responsibilities

1. Obeying the law: individuals and governments are bound by laws, not arbitrary actions. No person or group is above the law.
2. Taking responsibility for yourself and your family: getting a job, caring for your family and working hard. Work supports dignity, self-respect and Canada’s prosperity.
3. Serving on a jury: a legal obligation when you are called.
4. Voting: the right to vote comes with the responsibility to vote in federal, provincial or territorial, and local elections.
5. Helping others in the community: volunteering, done without pay, also builds skills, friendships and contacts.
6. Protecting and enjoying our heritage and environment: avoiding waste and pollution and protecting natural, cultural and architectural heritage for future generations.

Defending Canada

There is no compulsory military service in Canada. Serving in the regular Canadian Forces (navy, army and air force) is described as a noble contribution and an excellent career. You can also serve part-time in the naval, militia or air reserves, young people can join the cadets, and others serve in the Coast Guard or in emergency services such as police and fire departments.

The Oath of Citizenship

New citizens swear or affirm allegiance to His Majesty King Charles the Third, King of Canada, His Heirs and Successors. They promise to observe Canada’s laws, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and to fulfil their duties as citizens. Canadians pledge loyalty to a person who represents all Canadians, not to a flag or a document.

Common mix-ups

• 1215 vs 1867 vs 1982: Magna Carta, Confederation, the Charter. The Charter did not exist in 1867.
• Rights vs responsibilities: freedoms of religion, speech and assembly and mobility rights are rights; obeying the law, jury duty, voting, volunteering and protecting the environment are responsibilities. Voting is both.
• Military service is voluntary, not compulsory.
• The oath is to the King of Canada, not to the Prime Minister, the flag or the Constitution.
• Habeas corpus is about unlawful detention, and it comes from English common law, not the French civil code.
• “Supremacy of God and the rule of law” opens the Charter; “peace, order and good government” is from the 1867 British North America Act.