Your Constitution Your Freedom and Rights
tion defends The Canadian Constitution Founda of Canadians the constitutional freedoms tion and through education, communica litigation. CCF .ca To learn more, visit: www. the
ABOUT YOUR CONSTITUTION: YOUR FREEDOM AND RIGHTS
This booklet, developed by the Canadian Constitution Foundation, aims to help students learn and teachers teach about our constitutional rights and freedoms. This material has been made possible thanks to a generous grant from The W. Garfield Weston Foundation.
To learn more, visit: www. ConstitutionDay .ca
“...with a constitution similar in principle to that of the United Kingdom.” Constitution Act, 1867 The Constitution of Canada is a collection of legal documents that make up the highest law in Canada.
Our Constitution is “similar in principle to that of the United Kingdom” because in 1867, Canada was a self-governing Confederation of four British Colonies. The British North America Act, 1867 outlined the structure of Confederation.
First, we have the Constitution Act, 1867, previously known as the British North America Act, 1867, that outlines our system of However, the government, the British North role of the America Act, monarchy, Some say our Constitution is a 1867 was a and the “living tree” that must be British law, division of adapted to reflect changes in passed by the society. powers British between the Others argue that the drafters Parliament, federal and of the Constitution never which could provincial intended their original words to only be governments. change meaning since the changed by original drafters provided for a Britain. So in Second, we process of amending the the 1980s, have the Constitution. Canada Constitution “patriated” or Act, 1982, What do you think? In a brought it which couple paragraphs, write home and contains the your position. turned it into a Charter of wholly Rights and Canadian law, that Freedoms. It outlines the rights and freedoms can only be modified by Canada, now named the each Canadian citizen enjoys. Constitution Act, 1867. Lastly, we have the amendments, which are a big The Constitution has provided collection of changes to the Canada with a workable political Canadian Constitution that have system since 1867. been passed since 1867. Some of these were passed by Britain For links to the as separate laws or royal Constitution & Charter decrees, others were passed by Canada itself. visit:
www. theCCF. ca/constitution
“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter
The Charter of Rights and • equality rights Freedoms outlines the protected • right to life, liberty and security of the person rights and freedoms Section 15 of the Charter Despite the Canadian guarantees that everyone is Charterʼs citizens enjoy, “equal before and under the law” guarantee, and prevents with the “right to the equal section 33 is a any Canadian protection and equal benefit of so-called government the law without discrimination”. notwithstanding from passing clause that laws that Yet, the Charter also says that allows the government “affirmative violates them. action” type programs can exist federal or a regardless of the Charter provincial The main guarantee of equality for all. government to Charter pass laws that freedoms What do you think? Is this violate certain include fair? Organize a class debate Charter rights freedom of: with pro vs. con sides. and freedoms. • expression Section 1 of the • thought, Charter allows belief, and governments to opinion pass laws that • conscience limit our rights and religion Section 2 of the Charter and freedoms to • peaceful guarantees everyone a right to some degree, as assembly freedom of expression. long as the limits • association. However, various laws in Canada are prohibit different forms of “demonstrably The main expression, such as “hate justified in a free Charter speech”. and democratic rights society”. Courts include: What do you think? Organize such as the a class debate with pro vs. Supreme Court right to vote • con sides. of Canada must • mobility decide when a rights law goes too far • right to be and is no longer secure “demonstrably against justified”. unreasonable search and seizure
“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter of Rights and Freedoms
Thought Experiment: Equality in your Classroom Review the following sections of the Charter of Rights and Freedoms: • section 1 (limitations clause) • section 15 (equality rights) • section 27 (multiculturalism)
Imagine the teachers at your school decided that from now on, you and your fellow students, would be responsible for adopting classroom policies based on the Charter of Rights and Freedoms and the section 15 equality guarantee. What would you do? Break into groups of five students and create a plan explaining what you would do and how you would implement your policies. • Would each student receive the same homework assignment? Take the same tests? Get the same punishment for being late for school? • Would you give any special consideration under section 15(2) of the Charter to assist any disadvantaged groups at your school? Would any disadvantaged group receive the same grade regardless of quality of work (so long as they tried equally hard on the assignment)? Would you require really smart students to share some of their high marks with less smart students? • Would you give any special consideration to any students based on section 27 of the Charter to preserve and enhance “the multicultural heritage of Canadians”. Would it be fair to do so? Why or why not? • Using section 1 of the Charter, defend your answers to the above questions. Can any bending of the rules a little for certain students be “demonstrably justified in a free and democratic society”? If they can be, should they be? • How do you think the drafters of the Charter of Rights and Freedoms would answer the above questions? Do you think it is better to provide equal opportunities or to ensure equal outcomes for all students?
“The Constitution of Canada is the supreme law of Canada...” section 52 of the Constitution Act, 1982
Vocabulary The Canadian Constitution contains a number of words and phrases that may not be familiar. Look through the list below of words in our Constitution. Look up the definition of five words from this list that you have never used. Write a sentence for each new word using it in the correct context.
Canadians exercising their freedom of association and expression
Extra! Extra! Read all about it! Scan the headlines in newspapers online. Find some news stories in which Canadians are exercising rights and freedoms guaranteed by the Charter of Rights and Freedoms. Try to find one example of: • Freedom of expression • Freedom of religion • Freedom of peaceful assembly • Freedom of association • Right to vote • Right to trial by jury • Right to be secure against unreasonable search and seizure
alien amendment arbitrary conscience habeas corpus immunity disrepute dominion jurisdiction mobility notwithstanding perjury proclamation quarantine treason
Wilfrid Laurier
Pierre Trudeau
John Diefenbaker
“Canada is free and freedom is its nationality.”
“The state has no business in the bedrooms of the nation”
“Freedom is the right to be wrong, not the right to do wrong.”
The Canadian Constitution Foundation is a registered charity, independent and non-partisan,which defends the constitutional freedoms of Canadians through education, communication and litigation.
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