The Charter of Rights and Freedoms

April 12th, 2007  |  Published in Blog, On The Charter of Rights and Freedoms

On April 17, Canadians will be celebrating the 25th anniversary of the enactment of our Charter of Rights and Freedoms. In 1982, Prime Minister Pierre Trudeau’s vision was realized. After two years of consultation with provinces and Canadians, the Charter was born. That historic document has become a great symbol of Canada’s values of fairness, equality and inclusiveness.

At the time, there were many skeptics. Let’s be honest, there are still some critics. But the general consensus, 25 years later, is that the Charter has revolutionized our approach to fundamental rights. It has enabled Canadians to assert their rights and, regardless of who is in power, to protect those rights from short-sighted policies or unintended consequences.

In 1980, after the first separation referendum in Quebec, Prime Minister Trudeau was determined to present to Quebeckers, and all Canadians, real and substantive change in reforming the federal government. He had a vision for the Charter to ensure the protection of all Canadians. He consulted parliamentarians and provinces. A House of Commons Committee sat for 56 days holding 257 hours of hearings and received input from more than 1,200 groups and individuals.

Aboriginal groups, women’s groups, people with disabilities representatives and representation from visible minorities and cultural groups all had significant input. What emerged was a powerful document that legal and human rights scholars continue to refer to as an impressive Charter. 25 years later, this Charter has become the umbrella that protects all Canadians regardless of their faith, background, race, sex or age.

I can’t help but be filled with immense pride as a Canadian on this amazing anniversary. It is also worth noting that history reveals to us the magnitude of the bold and positive contributions that Liberal Prime Ministers have done for the advancement of our country. From the enactment of the Health Care Act, to the Charter, to multiculturalism in the previous decades, to most recently, the signing of Child Care agreements (which were unfortunately cancelled), to city deals, to the Kelowna Accord (which was also cancelled). All will be remembered as defining moments of our country.

It is very disheartening that as we celebrate this anniversary to see the Conservatives canceling the Court Challenges Program that enabled Canadians access to the Charter so they can test any laws that may appear to infringe on the Charter. The cancellation makes the Charter more inaccessible to Canadians and restricts their ability to be protected by it. That program only cost the government $2.8 million/year but had significant social and legal impacts on our society. The Conservatives have a history of considering the Charter as a hindrance or an obstacle to their agenda and that cancellation reveals that saddening reality.

The character of our nation will continue to be tested through time but I remain confident in the will and desire of the Canadian people to progress. Tools like our Charter are a source of pride to all of us and we must work together to protect and enhance them.