How Canadians Govern Themselves - Parlement du Canada

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How Canadians Govern ThemselvesAct of Parliament required by thefourth formula can, of course, beinitiated by either House.3Third, the Constitution Act, 1982,sets out the Canadian Charter ofRights and Freedoms that neitherParliament nor any provincial legislatureacting alone can change. Any suchchanges come under the second formula(or, where they apply only to one ormore, but not all, provinces, the thirdformula).The rights and freedomsguaranteed by the Charter are:1Democratic rights (for example, theright of every citizen to vote for theHouse of Commons and the provinciallegislative assembly, and the right toelections at least every five years,though in time of real or apprehendedwar, invasion or insurrection, the life ofa federal or provincial legislature maybe prolonged by a two-thirds vote ofthe Commons or legislative assembly).2Fundamental freedoms (conscience,religion, thought, expression, peacefulassembly, association).3Mobility rights (to enter, remain in,or leave Canada, and to move into,and earn a living in, any province subjectto certain limitations, notably to providefor “affirmative action” programs for thesocially or economically disadvantaged).4Legal rights (a long list, includingsuch things as the right to a fair,reasonably prompt, public trial by animpartial court).5Equality rights (no discriminationon grounds of race, national orethnic origin, religion, sex, age, ormental or physical disability; again,with provision for “affirmative action”programs).6Official language rights.7Minority-language education rightsin certain circumstances.All these rights are, under section 1of the Charter, “subject only tosuch reasonable limits...as can bedemonstrably justified in a free anddemocratic society.” The courts decidewhat these limits are.The equality rights came into forceon April 17, 1985, three years after thetime of patriation of our constitution.(This gave time for revision of themultitude of federal, provincial andterritorial laws that may have requiredamendment or repeal.)The fundamental, legal and equalityrights in the Charter are subject to a“notwithstanding” clause. This allowsParliament or a provincial legislature topass a law violating any of these rights(except the equality right that prohibitsdiscrimination based on sex) simply byinserting in such law a declaration thatit shall operate notwithstanding the factthat it is contrary to this or thatprovision of the Charter. Any such lawcan last only five years, but it can bere-enacted for further periods of fiveyears. Any such legislation must applyequally to men and women.A Federal State15
How Canadians Govern ThemselvesPhoto: Library of ParliamentThe Charter guarantees four fundamental freedoms and six basic rights.A Federal State16The official language rights makeEnglish and French the official languagesof Canada for all the institutions of thegovernment and Parliament of Canadaand of the New Brunswick governmentand legislature. Everyone has the rightto use either language in Parliamentand the New Brunswick legislature.The Acts of Parliament and the NewBrunswick legislature, and the recordsand journals of both bodies, must be inboth languages. Either language maybe used in any pleading or process inthe federal and New Brunswick courts.Any member of the public has the rightto communicate with the governmentand Parliament of Canada, and thegovernment and legislature of NewBrunswick, and to receive availableservices in either language where thereis “a sufficient demand” for the use ofEnglish or French or where the natureof the office makes it reasonable.The minority-language educationrights are twofold.1In every province, citizens ofCanada with any child who hasreceived or is receiving primary orsecondary schooling in English orFrench have the right to have all theirchildren receive their schooling in thesame language, in minority-languageeducational facilities provided out ofpublic funds, where the number ofchildren “so warrants.” Also, citizenswho have received their own primaryschooling in Canada in English orFrench, and reside in a province where
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