A Canadian’s rights and responsibilities grow out of the country’s history, are protected by Canadian law, and express traditions, identity and values held in common. They rest on an 800-year tradition of ordered liberty reaching back to Magna Carta (1215), were entrenched in the Charter of Rights and Freedoms in 1982, and come paired with real duties — obeying the law, providing for one’s family, jury service, voting, volunteering and caring for heritage and environment.
FoundationsWhere our rights come from
Canadian law draws on several sources: the civil code of France, English common law, statutes enacted by Parliament and the provincial legislatures, and the unwritten constitution inherited from Great Britain. Together they protect a tradition of ordered liberty that is 800 years old.
Magna Carta — the Great Charter of Freedoms — is signed in England, the starting point of the tradition of ordered liberty.
Habeas corpus — the right to contest being unlawfully held by the state — arrives through English common law.
The Constitution of Canada is amended so that the Canadian Charter of Rights and Freedoms is entrenched in it; Queen Elizabeth II proclaims the amended Constitution in Ottawa.
Asked for two key documents that contain our rights and freedoms, name Magna Carta (1215) and the Canadian Charter of Rights and Freedoms (1982).
FreedomsThe four fundamental freedoms
The tradition begun with Magna Carta secures four fundamental freedoms for every Canadian. Be ready to name all four.
Remember this
- Freedom of conscience and religion
- Freedom of thought, belief, opinion and expression — which covers speech and the press
- Freedom of peaceful assembly
- Freedom of association
1982The Charter of Rights and Freedoms
The Charter was entrenched in the Constitution in 1982. It begins: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.” That phrase points to how much religious traditions matter in Canadian society and to the worth and dignity of every human person.
The Charter sums up the fundamental freedoms and then adds further rights. The four most important to know:
Four Charter rights
- Mobility Rights — live and work in any part of Canada, leave and re-enter the country freely, apply for a passport
- Aboriginal Peoples’ Rights — Charter rights do not take away from treaty or other rights and freedoms of Aboriginal peoples
- Official Language Rights, plus Minority Language Educational Rights — English and French stand as equals in Parliament and across the government
- Multiculturalism — a fundamental characteristic of Canadian heritage and identity; Canadians value one another’s presence, respect pluralism and aim to live in harmony
EqualityEquality of women and men
In Canada, women and men are equal under the law. The country’s openness does not extend to barbaric cultural practices — forced marriage, female genital mutilation, spousal abuse, “honour killings” and other gender-based violence. Anyone guilty of such crimes is severely punished under Canada’s criminal laws.
DutiesSix responsibilities of citizenship
In Canada, rights come paired with responsibilities. The rule of law is one of the country’s founding principles: individuals and governments alike are governed by law rather than by arbitrary action, and nobody — no person and no group — stands above the law.
Remember this
- Obeying the law
- Responsibility for oneself and one’s family — holding a job, caring for one’s family and working hard to one’s abilities; work builds personal dignity, self-respect and Canada’s prosperity
- Serving on a jury — legally required when called; a privilege, because the justice system depends on impartial juries of citizens
- Voting in elections — the right to vote brings a duty to vote at every level: federal, provincial or territorial, and local
- Helping others in the community — millions volunteer without pay: at a food bank or another charity, at a child’s school, helping people in need or helping newcomers integrate; volunteering builds skills, friends and contacts
- Protecting and enjoying our heritage and environment — avoiding waste and pollution and safeguarding the natural, cultural and architectural heritage of Canada for the generations to come
ServiceDefending Canada
Canada has no compulsory military service. Even so, serving in the regular Canadian Forces — the navy, army and air force — is described as a noble way to contribute and an excellent career.
Part-time service in the local navy, militia and air reserves offers experience, skills and contacts, and young people pick up discipline, responsibility and skills in the cadets. You can also protect your community through the Coast Guard or emergency services such as a fire department or police force, following Canadians before you who sacrificed in the country’s service.
OathUnderstanding the Oath
New citizens swear or affirm allegiance to the Sovereign — a person who represents all Canadians — rather than to a document, a flag or a country. In a constitutional monarchy those things are all embodied in the Sovereign: Canada is personified by the Sovereign, and the Sovereign by Canada.
The Oath also promises to obey Canada’s laws, the Constitution included — a Constitution that affirms and recognizes the treaty and Aboriginal rights of First Nations, Inuit and Métis — and to fulfil one’s duties as a Canadian citizen.
Now put it to the test
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