Entrenched in the Constitution in 1982, the Canadian Charter of Rights and Freedoms guarantees fundamental freedoms: conscience and religion; thought, belief, opinion and expression; peaceful assembly; and association. It also protects mobility rights, official language rights for French and English, and Aboriginal peoples’ rights, and it recognizes multiculturalism as a fundamental characteristic of Canada.
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.
Test questions on this topic
Where do the rights and responsibilities of Canadian citizens come from?
Why: Citizenship carries both rights and duties. They descend from Canada’s past, rest on Canadian law, and express the traditions, identity and values Canadians hold in common.
Which of the following is NOT a source of Canadian law?
Why: Canadian law has several roots: statutes enacted by Parliament and by the provincial legislatures, the English common law, the French civil code, and an unwritten constitution handed down from Great Britain.
Canada’s tradition of ordered liberty dates back to the signing of which document in England in 1215?
Why: The sources of Canadian law together protect an 800-year-old inheritance of ordered liberty, traced to Magna Carta — the Great Charter of Freedoms — signed in England in 1215.
By what other name is Magna Carta known?
Why: Magna Carta, signed in England in 1215, is also called the Great Charter of Freedoms.
Canada’s tradition of ordered liberty is described as how old?
Why: The tradition of ordered liberty is 800 years old, reaching back to Magna Carta in 1215.
Which of these is one of the four fundamental freedoms Canadians enjoy?
Why: Four fundamental freedoms are listed: conscience and religion; thought, belief, opinion and expression, which covers speech and the press; peaceful assembly; and association.
Freedom of thought, belief, opinion and expression includes which of the following?
Why: The freedom of thought, belief, opinion and expression covers both speech and the press. Entering and leaving the country and holding a passport belong to Mobility Rights, and protection from unlawful detention is habeas corpus.
Freedom of peaceful assembly is one of the fundamental freedoms in Canada.
Why: Peaceful assembly and association are two of the four fundamental freedoms, alongside conscience and religion, and thought, belief, opinion and expression.
What is habeas corpus?
Why: Habeas corpus is the right to contest being unlawfully detained by the state; it reaches Canada through English common law.
Habeas corpus comes from which legal source?
Why: The right to contest unlawful detention, known as habeas corpus, is inherited from English common law.
In what year was the Canadian Charter of Rights and Freedoms entrenched in the Constitution of Canada?
Why: An amendment in 1982 wrote the Canadian Charter of Rights and Freedoms into the Constitution; Queen Elizabeth II proclaimed the amended Constitution in Ottawa that year.
With what words does the Canadian Charter of Rights and Freedoms begin?
Why: The Charter begins: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”
What do Mobility Rights guarantee Canadians?
Why: Mobility Rights let a Canadian settle and work in any part of the country, leave and re-enter Canada at will, and apply for a passport.
What status do French and English have under Official Language Rights?
Why: The Charter’s language rights — official-language rights and minority-language education rights — put English and French on an equal footing in Parliament and across the government.
Multiculturalism is described as a fundamental characteristic of Canadian heritage and identity.
Why: Multiculturalism is a defining feature of Canadian heritage and identity. Canadians value one another’s presence and take pluralism and living in harmony seriously.
In Canada, what is the legal status of men and women?
Why: Canadian law treats women and men as equals. Openness and generosity do not extend to practices that tolerate gender-based violence, which the criminal law punishes severely.
How does Canada treat barbaric cultural practices such as “honour killings,” forced marriage and other gender-based violence?
Why: Canadian tolerance stops at barbaric cultural practices — forced marriage, female genital mutilation, spousal abuse, “honour killings” and other gender-based violence. The criminal law deals severely with anyone convicted of them.
Which principle holds that laws, rather than arbitrary actions, govern both people and governments, placing no one above the law?
Why: The rule of law is one of Canada’s founding principles. Law, not arbitrary decision, governs citizens and governments alike, and nobody stands outside it.
When you are called to serve on a jury in Canada, what is your obligation?
Why: A jury summons carries a legal obligation to serve. It is also a privilege: the justice system depends on impartial juries drawn from ordinary citizens.
Which of the following is a responsibility of Canadian citizenship?
Why: The right to cast a ballot carries a matching duty to use it at the federal, provincial or territorial, and local levels.
Which activity is described as a good way to pick up useful skills and make friends and contacts?
Why: Millions of Canadians give their time unpaid — supporting people in need, lending a hand at a child’s school, working at a food bank or another charity, or helping newcomers settle in. Volunteering is also a good way to pick up skills and build friendships and contacts.
Protecting and enjoying our heritage and environment is described as a responsibility shared by every citizen.
Why: Each citizen shares in the work of curbing waste and pollution and passing Canada’s natural, cultural and architectural inheritance on to future generations.
Is military service compulsory in Canada?
Why: Military service is not compulsory in Canada. Joining the regular Canadian Forces — navy, army or air force — is nonetheless described as a noble way to serve and a rewarding career.
The regular Canadian Forces are made up of which three branches?
Why: The regular Canadian Forces consist of the navy, the army and the air force.
How can young people learn discipline, responsibility and skills?
Why: For young people, the cadets teach discipline, responsibility and practical skills.
Besides the Canadian Forces, in which of these can you serve to help protect your community?
Why: The Coast Guard and local emergency services, such as a police force or a fire department, are other ways to serve. Protecting your own community places you in a long line of Canadians who sacrificed in the country’s service.
Taking responsibility for yourself and your family is considered an important Canadian value.
Why: Holding a job, providing for those who depend on you, and working hard to the limit of your abilities are values Canadians hold. Work builds dignity and self-respect, and it builds the country’s prosperity.
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