Not long ago I saw a magnificent yacht sail into the harbour towing a dinghy. The yacht was named "Fantasy", while the dinghy was named "Reality". In some ways this serves as the perfect image to describe Canada’s Charter of Rights and Freedoms.
It would appear that most people in Canada have never actually read the Charter, although every special interest group in the country seems to refer to some imagined right they claim to be inherent in the Charter. But the truth is, the Charter falls far short of what a charter of rights should actually be in a fully functioning democracy.
at the very beginning the Charter makes reference to the "supremacy of God", contrary to the prevailing official belief. The first article guarantees everyone the specified rights and freedoms, but qualifies that guarantee with it being "subject only to such reasonable limits prescribed by law".
It then proceeds to guarantee the following:
freedom of conscience and religion;
freedom of thought, belief, opinion and expression, including freedom of the press and other media communication;
freedom of peaceful assembly; and
freedom of association.
While we know these rights to be basic to any democracy, the truth is, Canadians in actuality do not have these rights. We do not have the freedom of religion, specifically when it comes to religious opinions regarding homosexuality, the hate-speech laws trump that right.
We have the freedom of thought, belief, opinion, etc., so long as we are in agreement with orthodox opinion. If our opinions are contrary to accepted orthodoxy, then we are either deported like Ernst Zundel, the holocaust denier or jailed, like Jim Keegstra, the alberta teacher who also denied the holocaust.
Freedom of peaceful assembly is also a guarantee, albeit the students who were pepper sprayed while protesting the aPEC summit in Vancouver might tell you differently.
While every citizen has the right to enter, remain in and leave Canada at will the Department of Foreign affairs is quick to tell you that a passport is not a right, but a privilege, therefore negating that part of the Charter as well. The Charter also guarantees all permanent residents the right to "pursue the gaining of a livelihood in any province", unless, of course you are a construction worker living in Ottawa, Ontario and wish to work in Hull, Quebec.
Equality rights are clearly stated in that no one may discriminate against anyone, based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. However the next section goes on to state that it is perfectly acceptable to discriminate against others in favour of some of the above groups.
The Charter states that Canada’s official languages are French and English and guarantees all citizens the right to be educated in the official language of their choice anywhere in Canada. The obvious exception here, of course, is unless you are living in the province of Quebec. Then there is only one official language and it isn’t English. It is interesting to note that the Charter guarantees access to both official languages specifically in the province of New Brunswick, while ignoring the others.
Finally, the true nature of the Charter of Rights and Freedoms is really determined by the rights the Charter doesn’t guarantee. The Charter of Rights and Freedoms does not guarantee the right to own property, which is one of the primary rights that are essential to the functioning of any democracy. Keep in mind by property we are not just talking about real estate. Property is any belonging that a citizen may have. If you are not specifically granted the right to privately own property, then there is no guarantee that you will not be deprived of your property, lawfully or otherwise.
If per chance you find it hard to believe that the government is likely to take away someone’s property, think again. During the late 1970s and early 1980s, the federal government expropriated hundreds of farms from Pickering farmers in anticipation of building an airport. The farmers were kicked off their lands, which was then sold largely to developers after the idea of building an airport there was abandoned.
One of the strongest criticisms of many emerging nations that have a less than democratic government is that they deprive their people of the right to own property. No democracy can truly be a democracy if at any time the government has the right and the power to deprive its citizens of their belongings.