While Canadians often pride themselves on their nation’s values of inclusivity and justice, a recent survey commissioned by the Association for Canadian Studies reveals a concerning gap in citizens’ knowledge of the Canadian Charter of Rights and Freedoms. The findings suggest that a significant portion of the population may be inadvertently substituting personal opinions for legal understanding.
The survey, carried out by the Leger polling firm in September, found that only one-third of Canadians reported reading the Charter signed in 1982. This, along with the confusion between the Charter and the U.S. Declaration of Independence, highlights the need for improved civic education.
Jack Jedwab, president of the Association for Canadian Studies, pointed out that many people underestimate the importance of understanding the Charter. “People think they know it better than they actually do,” he said, emphasizing the risks of relying on personal opinions rather than a solid understanding of the law.
One of the survey’s striking points is the division among respondents regarding the Charter’s opening statement, asserting that “Canada is founded upon principles that recognize the supremacy of God and the rule of law.” The findings reveal a lack of agreement, with 38% in favor, 37% against, and 25% unsure or choosing not to answer. This division, according to Jedwab, may stem from varying perspectives on referencing God in a largely secular society.
Additionally, the survey reveals a common misconception about the Charter’s provisions when compared to the U.S. Declaration of Independence. This confusion is notably seen in respondents’ beliefs about the right to “life, liberty, and the pursuit of happiness.” Although 88% affirm this right for everyone in Canada, the Charter explicitly mentions “life, liberty, and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
Jedwab asserts that these knowledge gaps could have implications for legal interpretations. For instance, respondents who had read the Charter were more likely to support its opening line, yet this only accounted for 47%. Conversely, among those who hadn’t read the document, nearly two-thirds either disagreed with it or remained unsure.
The survey explores people’s awareness of the notwithstanding clause, showing that 65% of those who read the Charter think the government can restrict their rights using this provision, while 24% disagree. Among those who haven’t read the document, opinions are more evenly divided.
To address these gaps in Charter literacy, it is important to enhance public education on constitutional rights and legal principles. Workshops, educational campaigns, and accessible resources can empower Canadians to make informed decisions based on an understanding of the law rather than personal opinions.
The Canadian Charter of Rights and Freedoms is like the foundation of legal rights for Canadians. It has important principles that ensure everyone is treated equally, enjoy basic freedoms, and have democratic rights. Understanding this constitutional document is essential to protect the values it stands for.
Fundamental Freedoms
As outlined in the Charter, it encompasses the freedom of conscience and religion, thought, belief, opinion, and expression, including freedom of the press. These rights are the pillars of a democratic society, ensuring that citizens can express themselves without fear of retribution.
Democratic Rights
Another part of the Charter, democratic rights highlight the right of every Canadian citizen to be part of the democratic process by voting for representatives in the House of Commons or a legislative assembly. This right supports the democratic principles of the nation, stressing the significance of citizens actively participating in governance.
Mobility Rights
It allows Canadian citizens to move freely within the country and pursue work in any province. This reflects Canada’s commitment to inclusivity and abundant opportunities for its citizens.
Legal Rights
Arguably the most critical component, it protects the individual against unjust treatment. These include the right to life, liberty, and security, protection against unreasonable search or seizure, and the right to a fair and public hearing by an impartial tribunal. The Charter establishes a framework that ensures justice and fairness in legal proceedings.
Equality Rights
It is fundamental to creating a fair society, ensuring everyone is equally protected and benefits from the law without discrimination. The Charter explicitly forbids discrimination based on factors like race, religion, sex, and age, showcasing Canada’s dedication to inclusivity and diversity.
However, the recent survey reveals a disconcerting reality — a considerable portion of the population lacks a clear understanding of these rights. This ignorance poses a potential danger, as citizens may unknowingly substitute personal opinions for legal understanding, undermining the very principles the Charter seeks to protect.
As Canada commemorates the 75th anniversary of the Universal Declaration of Human Rights, there is a pressing need for a more informed citizenry. To bridge the knowledge gap, comprehensive educational initiatives should be implemented. As mentioned, workshops, seminars, and accessible resources can disseminate information about the Charter’s provisions, fostering a deeper appreciation for the rights and responsibilities it entails.
By promoting Charter education, we empower Canadians with the knowledge to navigate legal principles effectively. This proactive approach strengthens the Charter’s role in shaping a just and inclusive society for generations to come.
