The Canadian Charter of Rights and Freedoms explained

Many test questions ask about your rights as a Canadian and where they come from. The answer is a long story. It starts in England more than 800 years ago and leads to the Canadian Charter of Rights and Freedoms, which became part of Canada’s Constitution in 1982. This article explains each group of rights in plain language, with everyday examples. Then it covers the responsibilities that come with those rights, and the dates and ideas that people often mix up. Learn the English names of the rights as you read, because the test is in English or French only.

Where Canadian rights come from

Canadians did not receive their rights all at once. The rights grew out of a long history, they are protected by Canadian law, and they reflect values that Canadians share. Canadian law has several sources:

• laws passed by Parliament and the provincial legislatures;
• English common law, built up over centuries from the decisions of courts;
• the civil code of France, which reflects Canada’s French roots;
• an unwritten constitution inherited from Great Britain.

The story usually begins with Magna Carta, signed in England in 1215. It is also called the Great Charter of Freedoms. It is remembered as an early step toward a simple idea: rulers, too, must follow the law. That idea grew into the rule of law. No person or group is above the law, and governments must act according to law, not by arbitrary decisions. Because it starts with Magna Carta, Canada’s tradition of ordered liberty is about 800 years old.

Habeas corpus also comes from English common law. It is the right to challenge unlawful detention by the state. In plain words: if the authorities hold you, they must have a lawful reason, and you can ask a court to check it.

1982: the Charter enters the Constitution

In 1982, the Constitution of Canada was amended to entrench the Charter. To entrench means to build something firmly into the highest law. The Charter is the first part of the Constitution Act, 1982. Because the Constitution is Canada’s highest law, an ordinary law cannot simply override the Charter.

The Charter opens by saying that Canada is founded on principles that recognize the supremacy of God and the rule of law. Remember this phrase. Test questions sometimes offer “peace, order and good government” as a wrong answer, but that phrase comes from the British North America Act of 1867.

The groups of rights, in plain language

The Charter sums up the fundamental freedoms that Canadians already had, and it adds other rights. Here they are, one group at a time.

Fundamental freedoms

Democratic rights

Every citizen has the right to vote in federal and provincial elections and to run as a candidate. This right belongs to citizens only. That is why permanent residents cannot vote, even if they have lived in Canada for many years. To see how an election works and how to prepare for your first vote, read How elections work in Canada.

Mobility rights

Canadians can live and work anywhere they choose in Canada. They can enter and leave the country freely, and they can apply for a passport. For example, a citizen who lives in Ontario can take a job in Alberta and move there without asking any government for permission. A citizen can also travel abroad and come home again.

Aboriginal peoples’ rights

The rights in the Charter will not take away from the treaty rights or other rights and freedoms of Aboriginal peoples: First Nations, Inuit and Métis. In other words, the Charter adds protection for everyone without reducing these existing rights. To learn about treaties and the history behind them, read Indigenous peoples in Canada.

Official language rights and minority language educational rights

English and French have equal status in Parliament and throughout the federal government. For example, federal laws are published in both languages. The Charter also protects minority language educational rights. Under certain conditions, children can go to school in the official language that is the minority where they live. French schools outside Quebec and English schools in Quebec are examples.

Multiculturalism

Multiculturalism is a fundamental characteristic of Canadian heritage and identity. Newcomers do not have to give up their culture. You can speak your own language at home, wear traditional clothing and celebrate festivals such as Lunar New Year. Canadians respect pluralism and try to live in harmony with one another.

Equality rights and the equality of women and men

The Charter promises that every person is equal before and under the law, without discrimination based on factors such as race, religion, sex, age or disability. Discover Canada gives special attention to one point: 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 people found guilty are severely punished under Canada’s criminal laws. A family or cultural tradition is never an excuse.

Legal rights

The Charter also protects people in their dealings with the police and the courts. For the test, know these three principles of Canada’s justice system:

• Habeas corpus: the right to challenge unlawful detention (see above).
• Presumption of innocence: a person accused of a crime is treated as innocent until proven guilty. The accused does not have to prove innocence.
• Due process: the government must respect all the legal rights a person is entitled to.

For courts, police and legal aid, see the Justice System chapter.

Rights work within the law

• Rights do not cancel the law. You may criticize the government in public, but you must still obey the law and carry out your legal duties.
• Rights can have reasonable limits. The Charter itself allows limits on rights, as long as the limits are set by law and can be justified in a free and democratic country.
• Multiculturalism does not protect harm. Gender-based violence is a crime in every situation.
• Rights come with responsibilities, as the next section explains.

Rights come with responsibilities

In Canada, rights and responsibilities go together. Discover Canada lists these responsibilities of citizenship:

Military service is not compulsory in Canada. Joining the Canadian Forces is a voluntary choice. When you become a citizen, you promise in the oath to observe the laws of Canada, including the Constitution, and to fulfil your duties as a citizen. Since 1982, the Charter has been part of that Constitution. Read the oath phrase by phrase in The Oath of Citizenship, and review all six responsibilities in the Rights and Responsibilities chapter.

Common mix-ups

• 1215 vs 1867 vs 1982: Magna Carta, Confederation, and the Charter. There was no Charter in 1867.
• The Charter (1982) vs the Official Languages Act (1969): both deal with language rights, but they are different laws from different years.
• Mobility rights vs voting rights: mobility rights mean living and working anywhere in Canada, entering and leaving the country, and applying for a passport. Voting is a democratic right for citizens aged 18 or older. Permanent residents cannot vote.
• Rights vs responsibilities: freedom of religion, expression, assembly and association, and mobility rights are rights. Obeying the law, jury duty, voting, volunteering and protecting the environment are responsibilities. Voting is both.
• Habeas corpus is about unlawful detention. It comes from English common law, not from the civil code of France, and it is not a mobility right.
• The Charter’s opening words are “the supremacy of God and the rule of law,” not “peace, order and good government.”

Ready to check yourself? Answer the practice questions in the Rights and Responsibilities chapter.