Lesson 6 — Activity 1: The Basics of Our Charter



Warm Up


As Canadians, we enjoy many rights and freedoms that people in some other countries do not have. The Canadian Charter of Rights and Freedoms is one of the most important documents in Canadian history. It states the rights and freedoms of Canada's people.

In this lesson, you will learn what makes up the Canadian Charter of Rights and Freedoms.



The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, which is a set of laws containing the fundamental rules that define and guide Canadian culture. It is a set of basic rules that everyone must follow.

The Charter falls into seven distinct categories: fundamental freedoms, democratic rights, language rights, mobility rights, minority language and education rights, legal rights, and equality rights. You will learn more about each of these rights and freedoms in the lessons to come. To begin, let's take a look at where this document came from.


So, how did the Charter come about?

It took three very important steps:


Step one:

In 1867, the nation of Canada was established under the British North America Act (BNA Act), also known as the Constitution Act. The Act outlined Canada's government and legal systems, but it made no mention of the rights and freedoms to which Canadians were entitled.




Step two:

In 1960, Prime Minister John Diefenbaker's government passed the Bill of Rights, which recognized the rights that all Canadians shared. It was not part of the constitution, and it was not legally binding. In addition, it applied only to federal situations. Provincial and municipal governments, organizations, and businesses could simply ignore it.


Step three:

In 1982, Prime Minister Pierre Trudeau modified the Bill of Rights and brought the Charter of Rights and Freedoms into law as part of the Constitution Act of 1982. The Act meant that all levels of government, organizations, and businesses were bound by this law. Because laws had to change to reflect the Charter, businesses, organizations, and all levels of government were given until 1985 to make the necessary changes.





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Prime Minister John Diefenbaker
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Prime Minister Pierre Trudeau

The Charter is a set of basic principles that everyone in Canada must follow. Principles are beliefs and ideas that guide all actions relating to that principle or idea.


If a principle such as equality of men and women is written into the Charter of Rights and Freedoms, then all rules and laws must reflect this principle. This has led to changes in society. For example, you may not realize that at one time, a female shop assistant received a smaller pay than a male shop assistant did, and women were allowed only to fill clerical positions in the police force. Because of challenges to these practices based on the Charter of Rights and Freedoms, men and women now receive the same pay for the same work, and women are allowed to join police forces as full members.



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RCMP officer Marge Hudson
   

How are rights and freedoms related to everyday life? If we did not have this basic set of rules that everyone must follow, there would be confusion and disorder. The Charter states the rights and freedoms that Canadians believe are important in a free and democratic society.

Some of these include the following:

  • freedom of expression
  • right to a democratic government
  • right to live and to seek employment anywhere in Canada
  • legal rights of persons accused of crimes
  • rights of Aboriginal peoples
  • right to equality, including the equality of men and women
  • right to use either of Canada's official languages
  • right of French and English linguistic minorities to an education in their language
  • protection of Canada's multicultural heritage

As part of the Canadian constitution, the Charter can be changed only if the federal government and seven of the provinces agree to the proposed change. Changing the Charter can be very difficult.

Self-check!

Explore!


Explore the Virtual Canadian Charter of Rights and Freedoms!

Click here to open the website on the Canadian Charter of Rights and Freedoms. Use the special Zoomify tool at the bottom to zoom in, zoom out, and move around as you explore the document. You can also click on the document in any area to zoom in and move the Charter around. Practice using the tools at the bottom to get familiar with the Charter. Be sure to look at all the different headings and sections of the Charter, which will you learn more about in the activities that follow!