Your ConstitutionYour Freedom and Rights

The Canadian Constitution Foundation defends

the constitutional freedoms of Canadians

through education, communication and

litigation.

To learn more, visit: www. theCCF .ca

ABOUT YOUR CONSTITUTION: YOUR FREEDOM AND RIGHTSThis 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

The Constitution of Canada is a collection of legal documents that make up the highest law in Canada.

First, we have the Constitution Act, 1867, previously known as the British North America Act, 1867, that outlines our system of government, the role of the monarchy, and the division of powers between the federal and provincial governments.

Second, we have the Constitution Act, 1982, which contains the Charter of Rights and Freedoms. It outlines the rights and freedoms each Canadian citizen enjoys.

Lastly, we have the amendments, which are a big collection of changes to the Canadian Constitution that have been passed since 1867. Some of these were passed by Britain as separate laws or royal decrees, others were passed by Canada itself.

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.

However, the British North America Act, 1867 was a British law, passed by the British Parliament, which could only be changed by Britain. So in the 1980s, Canada “patriated” or brought it home and turned it into a wholly

Canadian law, that can only be modified by Canada, now named the Constitution Act, 1867.

The Constitution has provided Canada with a workable political system since 1867.

Some say our Constitution is a “living tree” that must be

adapted to reflect changes in society.

Others argue that the drafters of the Constitution never

intended their original words to change meaning since the

original drafters provided for a process of amending the

Constitution.

What do you think? In a couple paragraphs, write

your position.

“...with a constitution similar in principle to that of the United Kingdom.” Constitution Act, 1867

For links to the

Constitution & Charter

visit:

www. theCCF. ca/constitution

The Charter of Rights and Freedoms outlines the protected rights and freedoms Canadian citizens enjoy, and prevents any Canadian government from passing laws that violates them.

The main Charter freedoms include freedom of:

• expression• thought,

belief, and opinion

• conscience and religion

• peaceful assembly

• association.

The main Charter rights include:

• right to vote• mobility

rights• right to be

secure against unreasonable search and seizure

• equality rights• right to life, liberty and security

of the person

Despite the Charterʼs guarantee, section 33 is a so-called notwithstanding clause that allows the federal or a provincial government to pass laws that violate certain Charter rights and freedoms.

Section 1 of the Charter allows governments to pass laws that limit our rights and freedoms to some degree, as long as the limits are “demonstrably justified in a free and democratic society”. Courts such as the Supreme Court of Canada must decide when a law goes too far and is no longer

“demonstrably justified”.

“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter

Section 15 of the Charter guarantees that everyone is

“equal before and under the law” with the “right to the equal

protection and equal benefit of the law without discrimination”.

Yet, the Charter also says that government “affirmative

action” type programs can exist regardless of the Charter

guarantee of equality for all.

What do you think? Is this fair? Organize a class debate

with pro vs. con sides.

Section 2 of the Charter guarantees everyone a right to

freedom of expression.

However, various laws in Canada prohibit different forms of expression, such as “hate

speech”.

What do you think? Organize a class debate with pro vs.

con sides.

“Everyone has the right to life, liberty and security of the person...” section 7 of the Charter of Rights and Freedoms

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?

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)

Wilfrid Laurier“Canada is free and freedom is its

nationality.”

Pierre Trudeau“The state has no business in the

bedrooms of the nation”

John Diefenbaker“Freedom is the right to be wrong,

not the right to do wrong.”

VocabularyThe 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.

alienamendment

arbitrary conscience

habeas corpusimmunitydisreputedominion

jurisdictionmobility

notwithstandingperjury

proclamationquarantine

treason

“The Constitution of Canada is the supreme law of Canada...” section 52 of the Constitution Act, 1982

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

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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