7.1.3 Collective & Individual Rights in Canada
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7.1.3 Collective & Individual Rights in Canada
Even before the first European explorer arrived in Canada, it was a multicultural country filled with various groups of people who had their own unique languages, cultures, and beliefs.
With the arrival of Canadian settlers, Canada first people's were joined by French, English, and others who created a mosaic of peoples.
In fact, many people came to Canada so they could experience the rights and freedoms that were denied to them in their home countries.
With the arrival of Canadian settlers, Canada first people's were joined by French, English, and others who created a mosaic of peoples.
In fact, many people came to Canada so they could experience the rights and freedoms that were denied to them in their home countries.
Where do Canadians get their rights?
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"Stepping into the Colony: A Look at Hutterite Life in Sask.", CTV News, You-tube
Example: The HutteritesThe photo you see on the page is by Hutterite photographer Kelly Hofer. The Hutterites are a protestant sect of the Christian Church whose beliefs include communal living and absolute pacifism. Hutterites do not participate in military activities, wear a uniform, or pay war taxes. This led to their persecution and expulsion from many parts of Europe, and eventual migration to North America.
Although men and women are guaranteed equal rights under the Charter, men and women in Hutterite colonies have very different roles. Women cannot take leadership roles, and many colonies do not allow girls to complete high school. Because all property is owned communally, individual members of each colony do not own their own homes, vehicles, or land. Therefore, they do not pay individual income or property tax although Canada Revenue has a method for calculating taxes owed by each colony.
Hutterites in North America have a unique way of life based on their collectivist values. They do not own private property, they do not compete with each other economically, nor do they work in self-interest. They have their own schools and live according to their own rules, which focus on the good of their communities. In many ways, they do not believe in the values inherent in liberal democracies, yet they are valued members of Canadian society.
Protection from Tyranny of the Majority
The individual and collective rights that you and people such as Kelly Hofer and his friend-and all Canadians-enjoy are protected by the Canadian Charter of Rights and Freedoms that came into effect in 1982. A modern liberal document it extends protection for collective, as well as individual rights. This sets it apart from the American constitution, which does not recognize any collective rights.As part of the Constitution Act, it carries great weight because a constitution overrides all other legislation.
Image of The Canadian Charter of Rights and Freedoms by Richard Foot.
Document taken from
www.thecanadianencyclopedia.ca/en/article/canadian-charter-of-rights-and-freedoms/.
Courtesy of Wikimedia Commons. Share Alike 4.0
The rights and freedoms of all Canadians are defined in the Canadian Charter of Rights and Freedoms, yet Canada's pluralist approach to nation building has specific challenges in relation to individual rights and collective rights. Because of these
challenges, the multicultural aspect of Canadian society is referred to specifically in the Charter.
Section 27:
This Charter shall be interpreted in a manner
consistent with the preservation and enhancement of the multicultural
heritage of Canadians.
The rights and freedoms Canadians are guaranteed under law include the following:
freedom of conscience
freedom of religion
freedom of thought
freedom of belief
freedom of expression
freedom of the press
freedom of peaceful assembly
freedom of association
freedom of religion
freedom of thought
freedom of belief
freedom of expression
freedom of the press
freedom of peaceful assembly
freedom of association
Political rights, including the right to participate in political activities, which includes the right to a democratic government
Language rights, the right to federal government services in French or English
Legal rights, including
- right to life, liberty, and security of the person
- protection from unreasonable search and seizure
- freedom from arbitrary imprisonment
- right to legal counsel
- right to be presumed innocent until proven guilty
- protection from cruel and unusual punishment
The Charter also includes limitations and the notwithstanding clause that allows the federal and provincial governments to override temporarily certain sections of the Charter. This allows the will of the people to temporarily restrict rights (individual or collective) if elected governments feel it is justified. Otherwise, the constitution and the Charter of Rights cannot be easily changed or amended. This is to ensure that individual rights and minority protections under the law cannot be eliminated by any elected body.
Learn more about the Charter's amendment formula.
Read "The Promotion of Collective Rights" pages 377 to 378 and "Recognition of Collective Rights" pages 379 to 380 of your text Perspectives on Ideology.
As you read, consider the following questions:
- Which Charter rights do you think of as "fundamental rights"?
- Which rights seem designed to protect members of minorities?
- Are there circumstances in which a province might be justified in overriding any specific section or sections of the Charter?