MINISTER OF JUSTICE MARKS THE 20th ANNIVERSARY OF SECTION 15 OF THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS

OTTAWA, April 14, 2005 – The Minister of Justice and Attorney General of Canada, Irwin Cotler today issued the following statement on the occasion of the 20th anniversary of Section 15 of the Canadian Charter of Rights and Freedoms.

On April 17, 1982 the Canadian Charter of Rights and Freedoms became the centrepiece of our Constitution and the cornerstone of our democracy – a transformative act that impacted not only on our laws but on our daily lives – and where individuals and groups now enjoy a constitutionally protected panoply of rights and freedoms. On that day, Canadians affirmed that the values of respect, fairness and democracy reside at the very core of our shared national identity.

Unlike the rest of the Charter, Section 15 – the equality provisions – did not come into force until 1985. For three years, Canada ’s jurisdictions – federal, provincial, and territorial – reviewed and revised their laws in order to ensure that they complied with the new equality rights.

And so, on April 17 th, 1985 , the rights and freedoms cherished by Canadians – such as the fundamental freedoms of thought, belief, opinion and expression, the right to life, liberty and security of the person, the right to vote - were joined by the equality rights protection.

I therefore rise today, Mr. Speaker, to recognize the 20 th anniversary of Section 15 of the Canadian Charter of Rights and Freedoms.

Section 15 marked a milestone in Canada ’s evolution as a nation. Since April 17, 1985 it has enshrined our shared commitment that all Canadians are equal before and under the law; that every individual has the right to equal protection and equal benefit of the law without discrimination; and in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability. Over the years, the Supreme Court’s interpretation of equality rights has gone beyond the enumerated grounds of discrimination listed in the Charter to include additional grounds such as sexual orientation, marital status and Aboriginal place of residence – reflecting our Constitution as a “living tree” and resonating with our evolving understanding and aspirations.

For twenty years, this principle – that all Canadians are equal - has guided legislators and judges in their work to ensure that our legislation and laws respect and uphold the Charter rights of all Canadians. In fact, the inclusion of Section 15 in the Charter has been emulated by many countries around the world with Canada emerging as a world leader in the promotion and protection of human rights.

In many ways Section 15 of the Charter has become a fundamental expression of Canada`s commitment to a society in which the inherent dignity and worth of every individual – and the equal dignity and worth of all persons - are recognized and affirmed - that protecting and promoting equality are fundamental to the pursuit of justice; that discrimination against any individual or group diminishes us all; that equality is an organizing principle for the establishment of a just society in which every person is deserving of equal respect, recognition and consideration.

I invite all Canadians to take a moment to mark this important anniversary and to learn more about the significance of Section 15. It has shaped, and will continue to shape, our very identity as a country. It embodies the values that lie at the heart of what it means to be Canadian. It is a moment worth celebrating.

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