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
Several sources feed Canadian law: the unwritten constitution inherited from Great Britain, English common law, the civil code of France, and laws passed by Parliament and the provincial legislatures. Between them they secure an 800-year-old tradition of ordered liberty.
Magna Carta — also called the Great Charter of Freedoms — is signed in England, marking the start of the tradition of ordered liberty.
From English common law comes habeas corpus, the right to challenge unlawful detention by the state.
CharterFundamental freedoms
The Canadian Charter of Rights and Freedoms guarantees a set of fundamental freedoms that every Canadian enjoys.
Remember this
- Freedom of conscience and religion
- Freedom of thought, belief, opinion and expression — speech and the press included
- Freedom of peaceful assembly
- Freedom of association
1982The Charter of Rights and Freedoms
The Constitution of Canada was amended in 1982 to entrench the Charter. It begins, "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law."
Mobility Rights allow Canadians to live and work anywhere in the country they choose, to come and go freely, and to hold a passport. Official Language Rights put French and English on an equal footing in Parliament and across the government, and multiculturalism stands as a fundamental characteristic of Canada's heritage and identity. Aboriginal Peoples' Rights ensure that Charter rights do not adversely affect treaty or other rights and freedoms of Aboriginal peoples.
EqualityEquality of women and men
Men and women are equal under the law in Canada. The country's openness and generosity stop short of barbaric cultural practices — spousal abuse, "honour killings," female genital mutilation, forced marriage and other gender-based violence. Anyone guilty of such crimes faces severe punishment under Canada's criminal laws.
DutiesResponsibilities of citizenship
With its rights, citizenship carries responsibilities. One of Canada's founding principles is the rule of law — no person or group is above the law.
Remember this
- Obeying the law
- Taking responsibility for yourself and your family
- Serving on a jury when called — you are legally required to serve
- Voting in federal, provincial/territorial and local elections
- Helping others in the community through volunteering
- Protecting and enjoying our heritage and environment
ServiceDefending Canada
Canada has no compulsory military service. Serving in the regular Canadian Forces — the navy, the army, the air force — is a noble contribution and an excellent career besides.
You can also serve part-time in the navy, militia and air reserves, and young people can join the cadets. Other ways to serve include the Coast Guard or community emergency services such as a police force or fire department.
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 our past, rest on Canadian law, and express the traditions, identity and values Canadians hold in common.
Which of the following is NOT listed as a source of Canadian law?
Why: Canadian law has more than one root: the English common law, the French civil code, statutes enacted by Parliament and by the provincial legislatures, and an unwritten constitution handed down from Great Britain.
Canada's tradition of ordered liberty dates back to the signing of which document, in 1215 in England?
Why: Between them they guarantee an 800-year-old inheritance of ordered liberty, traced to Magna Carta — the Great Charter of Freedoms — sealed in England in 1215.
By what other name is Magna Carta known?
Why: This inheritance is traced to Magna Carta, also called the Great Charter of Freedoms, sealed in England in 1215.
Canada's tradition of ordered liberty is described as how old?
Why: Between them they guarantee an 800-year-old inheritance of ordered liberty, reaching back to Magna Carta in England in 1215.
Which of these is one of the fundamental freedoms Canadians enjoy?
Why: Four 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: Thought, belief, opinion and expression — a freedom that covers both speech and the press.
Freedom of peaceful assembly is one of the fundamental freedoms in Canada.
Why: Freedom of peaceful assembly; and Freedom of association.
What is habeas corpus?
Why: The right to contest unlawful detention by the state, known as habeas corpus, reaches Canada through English common law.
Habeas corpus comes from which legal source?
Why: The right to contest unlawful detention by the state, known as habeas corpus, reaches Canada through English common law.
In what year was the Constitution of Canada amended to entrench the Canadian Charter of Rights and Freedoms?
Why: An amendment in 1982 wrote the Canadian Charter of Rights and Freedoms into the Constitution. Its opening words are: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”
With what words does the Canadian Charter of Rights and Freedoms begin?
Why: The Charter opens with the words: “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 — a citizen may settle and work in any part of Canada, come and go from the country at will, and hold a passport.
What status do French and English have under Official Language Rights?
Why: Official Language Rights and Minority Language Educational Rights — English and French stand on an equal footing in Parliament and across the federal government.
Multiculturalism is a fundamental characteristic of the Canadian heritage and identity.
Why: Multiculturalism — a defining strand of Canadian heritage and identity. Canadians treat one another's presence as something to value, and take pluralism and peaceable coexistence seriously.
In Canada, what is the legal status of men and women?
Why: In Canada, men and women are equal under the law.
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 — spousal abuse, “honour killings,” female genital mutilation, forced marriage 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: Obeying the law — the rule of law is one of the country'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: Serving on a jury — a summons carries a legal obligation to appear. It is also a privilege: the justice system depends on impartial juries drawn from ordinary citizens.
Serving on a jury when called is optional in Canada.
Why: Serving on a jury — once summoned, you are legally obliged to appear.
Which of the following is a responsibility of Canadian citizenship?
Why: Voting in elections — the right to cast a ballot carries a matching duty to use it federally, provincially or territorially, and locally.
What is an excellent way to help others while building useful skills, friendships and contacts?
Why: Helping others in the community — millions give their time unpaid: supporting people in need, lending a hand at a child's school, working a food bank or another charity, helping newcomers settle in. It 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: Protecting and enjoying our heritage and environment — each citizen shares in the work of curbing waste and pollution and passing Canada's natural, cultural and architectural inheritance on intact.
Is military service compulsory in Canada?
Why: Military service is not compulsory here. Joining the regular Canadian Forces — navy, army or air force — is nonetheless a fine way to serve the country and a rewarding career.
The regular Canadian Forces are made up of which three branches?
Why: Joining the regular Canadian Forces — the navy, the army or the air force — is a fine way to serve the country and a rewarding career.
How can young people learn discipline, responsibility and skills?
Why: Part-time reserves — naval, militia and air — offer experience, skills and contacts close to home. 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 open too. Protecting your own community places you in a long line of Canadians who gave something up in the country's service.
Taking responsibility for oneself and one's family is considered an important Canadian value.
Why: Taking responsibility for oneself and one's family — holding a job, providing for those who depend on you, and working 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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