Canadian Citizenship: Rights, Freedoms & Responsibilities
Sources of Canadian Law and Historical Foundations
- Canada’s rights and responsibilities stem from intertwined historical, legal, and cultural roots.
- Primary legal sources:
- Acts passed by Parliament (federal statutes).
- Acts passed by provincial legislatures (provincial statutes).
- English common law – judge-made precedents that evolved in Britain and were adopted in colonial Canada.
- Civil Code of France – still influential in Québec’s private-law tradition.
- An unwritten constitution and conventions inherited from Great Britain (e.g., responsible government, parliamentary supremacy).
- These create an \approx{800}-year tradition of ordered liberty, tracing back to the Magna Carta ({1215}) a.k.a. the Great Charter of Freedoms.
Core Freedoms Rooted in Magna Carta
- Guaranteed “ordered liberty” includes four classic freedoms:
- Freedom of conscience & religion
- Freedom of thought, belief, opinion & expression (covers speech and press)
- Freedom of peaceful assembly
- Freedom of association
- Habeas Corpus (Latin: “you shall have the body”)
- Right to challenge unlawful detention and force the state to justify imprisonment before a judge.
- Emerged from English common law; cornerstone against arbitrary arrest.
Canadian Charter of Rights and Freedoms ({1982})
- Constitution Act was patriated and amended in {1982}; the Charter became entrenched.
- Preamble: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law.”
- Signals the moral–religious heritage of the country.
- Emphasizes dignity and worth of every person; situates rights within a rule-of-law framework.
- Additional Charter rights highlighted in the study guide:
- Mobility Rights
- Canadians may live/work anywhere in Canada.
- Entitled to enter/leave freely and obtain a Canadian passport.
- Aboriginal Peoples’ Rights
- Charter protection cannot diminish existing treaty or other rights of First Nations, Inuit, or Métis peoples.
- Official Language & Minority-Language Educational Rights
- French and English have equal status in Parliament and federal institutions.
- Minority-language communities entitled to publicly funded schooling in their language (subject to numbers & location).
- Multiculturalism
- Declared a fundamental characteristic of Canadian identity.
- Encourages respect for pluralism and harmonious coexistence.
- Symbolic moment: Queen Elizabeth II proclaimed the patriated Constitution in Ottawa (Parliament Hill) in {1982}.
Defending Canada – Service Options (No Conscription)
- No compulsory military service; participation is voluntary.
- Regular Forces (career-track):
- Navy, Army, Air Force (info: www.forces.ca).
- Reserve Forces (part-time):
- Naval Reserve, Militia (Army Reserve), Air Reserve — train evenings/weekends; integrate with civilian life.
- Cadet Programs (www.cadets.ca):
- Youth (12-18) learn discipline, leadership, citizenship.
- Coast Guard & Emergency Services (police, fire, paramedic):
- Local avenues to protect community; align with historic tradition of sacrifice for country.
Equality of Women and Men
- Legal and constitutional principle: men and women are equal under the law.
- Canada’s openness & generosity do not extend to “barbaric cultural practices.” These include:
- Spousal abuse
- “Honour” killings
- Female genital mutilation (FGM)
- Forced marriage
- Any other gender-based violence
- Offenders are prosecuted severely under the Criminal Code.
Citizenship Responsibilities – Rights Paired with Duties
- Obeying the Law
- Core principle: rule of law — laws restrain both citizens and government; no one is above the law.
- Taking Responsibility for Oneself & One’s Family
- Seek work, support family, contribute to prosperity.
- Employment fosters dignity and self-respect.
- Serving on a Jury
- Legal obligation when summoned.
- Citizen juries ensure impartial justice.
- Voting in Elections
- Right and responsibility at federal, provincial/territorial, and municipal levels.
- Helping Others (Volunteering)
- Millions volunteer: food banks, schools, settlement services, charities.
- Builds skills, networks, and social cohesion; eases newcomer integration.
- Protecting & Enjoying Heritage and Environment
- Avoid waste, prevent pollution, conserve natural, cultural, and architectural assets for future generations.
Ethical & Practical Takeaways
- Canadian citizenship marries freedoms with obligations; neither stands alone.
- Historical legacy (Magna Carta to Charter) shows a progressive deepening of rights while anchoring them in collective responsibility.
- Multiculturalism + equality policies create a social contract: respect diversity, reject violence, uphold law.
- Military, civic service, and volunteer avenues illustrate how individuals can tangibly uphold national values.
- Understanding the source of each right (common law, civil code, constitutional text) clarifies its scope, limits, and method of enforcement.