A Study Guide for Section 15 of the Canadian Charter of Rights and Freedoms

Table of Contents

A CATALYST FOR CHANGE

THE 20^TH ANNIVERSARY OF SECTION 15 OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

“But what is Canada itself? With the charter in place, we can now say that Canada is a society where all people are equal and where they share some fundamental values based upon freedom.”

Pierre E. Trudeau, Memoirs (Toronto: McClelland & Stewart, 1993)

INTRODUCTION

"This document is not just an external arrangement of rules by which we live, this is an attempt to transform who we are and who we actually feel and think we are."

Alan Cairns, professor, author, and expert on the politics of Charter rights

The Canadian Charter of Rights and Freedoms was formally adopted on April 17, 1982. The Charter sets out the fundamental rights and freedoms of individuals and groups in Canada, and is an integral part of the Canadian Constitution, the supreme law in Canada. Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. This makes the Charter the most important law we have in Canada.

In the original version of the Charter, equality was not even a heading. The first draft only contained a reference to “non-discrimination rights.” Many Canadians, including women, ethnic and cultural minorities, persons with disabilities, and Aboriginal peoples, were concerned that their rights were not adequately protected and fought for changes in the wording. Thanks to their efforts, the current version of Section 15, the equality rights provision, was adopted. It prohibits “discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” Over time, as contemplated by the original authors, the Supreme Court’s interpretation of equality rights has gone beyond the original nine grounds of discrimination listed in the Charter to include additional grounds such as sexual orientation, marital status and Aboriginal place of residence.

After a three year period that allowed federal, provincial and territorial governments to make sure that their laws conformed, Section 15 came into effect on April 17, 1985.

Section 15 ensures that the pursuit of equality is not just a concept but a reality. It is not about advancing the rights of certain groups at the expense of others. Rather, it aims to end practices that reinforce disadvantages suffered by individuals based on irrelevant personal characteristics — characteristics that have nothing to do with individual merit and everything to do with historical prejudice, stereotypes or failure by mainstream society to make a sincere effort to listen to, and understand, those who appear to diverge from the norm. It also means that, sometimes, differential treatment, often referred to as accommodation, is required to ensure equality.

Canadian students have a strong sense of fairness and justice. They are keenly aware of their own rights and when they believe they have been discriminated against. It is equally important that they understand their equality rights, and the equality rights of all individuals who live in Canada. Since 1985, governments have been careful to draft all laws, whether they deal specifically with equality issues or whether they could have an indirect impact on equality rights, with an eye to respecting the equality guarantees in Section 15. Over two decades, many groups and individuals have brought cases before Canadian courts to challenge laws they felt were discriminatory. In the years ahead, the principles set out in Section 15 will continue to help us define and strengthen core values of fairness, respect, understanding, and tolerance.

The activities in this Study Guide explore the content of Section 15 of the Canadian Charter of Rights and Freedoms and the constitutional protection of equality rights. The activities were designed to address the curriculum taught in the different provinces and territories across the country — what the student should learn from each activity is outlined in the curriculum below. The annotated list of Resources provides additional sources of information for you and your students.

“Equality is a process of constant and flexible examination of vigilant introspection, and of aggressive open mindedness… Equality is not a concept that produces the same results for everyone. It is a concept that seeks to identify and remove, barrier by barrier, discriminatory disadvantage.”

Justice Rosalie Abella, address to Symposium on Equality Rights, Toronto,
Jan. 31 to Feb. 2, 2005, National sponsored
by the Canadian Human Rights Reporter

CURRICULUM

The students will:

• understand the importance of the Canadian Charter of Rights and Freedoms for Canadians.
• understand the changing nature of the rights and responsibilities of Canadians.
• analyze the role of the Canadian Charter of Rights and Freedoms in the development of social justice for Canadians.
• assess the impact of the Canadian Charter of Rights and Freedoms on personal and cultural relations in Canada.
• understand how our laws reflect the values and beliefs of a democratic society.
• understand some of the barriers to equal enjoyment of human rights in Canada.
• express personal beliefs and values about democratic citizenship.