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Chapter 1: Rights and responsibilities of citizenship

Where Canadian rights come from

Canadian law draws on several sources. These include laws passed by Parliament and the provincial legislatures, English common law, the civil code of France and the unwritten constitution that Canada inherited from Great Britain.

Together they give Canadians a tradition of ordered liberty that is about 800 years old. It goes back to the Magna Carta, also called the Great Charter of Freedoms, which was signed in England in 1215. English common law also gave Canada habeas corpus: the right to challenge unlawful detention by the state. In other words, the government cannot simply hold a person without a lawful reason that can be tested in court.

The fundamental freedoms

Four fundamental freedoms are at the heart of Canadian liberty. The first is freedom of conscience and religion, so people may hold and practise their own beliefs. The second is freedom of thought, belief, opinion and expression, which includes freedom of speech and freedom of the press. The third is freedom of peaceful assembly, and the fourth is freedom of association.

These freedoms were part of Canadian tradition long before they were written into the Charter. The Charter sums them up and adds other rights, but their roots lie in the Magna Carta and English common law.

The Charter of Rights and Freedoms

In 1982 the Constitution of Canada was amended to entrench the Canadian Charter of Rights and Freedoms. The Charter opens by stating that Canada is founded on principles that recognize the supremacy of God and the rule of law.

Among its most important rights are mobility rights: Canadians can live and work anywhere in Canada, enter and leave the country freely, and apply for a passport. The Charter also says its rights will not take away from the treaty rights or other rights and freedoms of Aboriginal (Indigenous) peoples. English and French have equal status in Parliament and throughout the government, and minority language educational rights are protected. Finally, multiculturalism is recognized as a fundamental characteristic of Canadian heritage and identity.

Equality of women and men

In Canada, men and women are equal under the law, and this equality is a core Canadian value. Canada is an open and generous country, but that openness does not extend to barbaric cultural practices that tolerate violence against women and girls.

Spousal abuse, “honour killings,” female genital mutilation, forced marriage and other gender-based violence are crimes in Canada. People found guilty of these crimes are severely punished. No tradition or custom brought from any other country can be used to excuse such acts here.

Responsibilities of citizenship

Rights come with responsibilities. Every citizen must obey the law: individuals and governments are governed by laws, not by arbitrary actions, and no person or group is above the law. Citizens are also expected to take responsibility for themselves and their families by getting a job, caring for their family and working hard in keeping with their abilities.

When called to serve on a jury, you are legally required to do so, because the justice system depends on impartial juries made up of citizens. The right to vote comes with a responsibility to vote in federal, provincial or territorial, and local elections. Citizens can help others in the community, for example by volunteering at a food bank or a child’s school; volunteering also builds skills, friends and contacts. Everyone also has a role in avoiding waste and pollution and protecting Canada’s natural, cultural and architectural heritage.

Defending Canada

There is no compulsory military service in Canada. Even so, serving in the regular Canadian Forces — the navy, army and air force — is a noble way to contribute to the country and an excellent career choice.

You can also serve part-time in your local navy, militia and air reserves, gaining experience, skills and contacts. Young people can learn discipline, responsibility and skills through the cadets. Others serve their community in the Canadian Coast Guard or in emergency services such as a police force or fire department. By helping to protect their communities, Canadians follow the example of those who made sacrifices in the service of the country before them.

Practice questions on this chapter

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Chapter 2: Who we are →