Scott W. See. The History of Canada. Second Edition

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Charter of Rights and

Freedoms

Clearly the most important addition to the Constitution Act when it

was patriated in 1982 was the inclusion of one of the world’s most

progressive statements of individual rights. In unambiguous terms,

the Charter deemed that all Canadian citizens would be able to enjoy

the rights enumerated in the new Constitution. Although the meaning

of some of the language in the document is open to interpretation,

and the courts—especially the Supreme Court—have been busy in

hearing cases brought forth by individuals and groups that use the

Charter as an essential underpinning, it is useful to consider some of

the key components of the original document. The Charter is detailed

and comprehensive; excerpted below are some of its key provisions.

Fundamental Freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion, and expression, including

freedom of the press and other media of communication;

(d) freedom of association.

Equality Rights

15. (1) Every individual is equal before and under the law and has

the right to the equal protection and equal benefit of the law

without discrimination and, in particular, without

The Charter of Rights and Freedoms: A Guide for Canadians (Ottawa: Minister of

Supply Services Canada, 1982), 3, 15, 27, 29.

Charter of Rights and Freedoms 377

discrimination based on race, national or ethnic origin,

colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or

activity that has as its object the amelioration of conditions

of disadvantaged individuals or groups including those that

are disadvantaged because of race, national or ethnic origin,

colour, religion, sex, age or mental or physical disability.

General

25. The guarantee in the Charter of certain rights and freedoms

shall not be construed so as to abrogate or derogate from any

aboriginal, treaty or other rights or freedoms that pertain to the

aboriginal peoples of Canada including

(a) any rights or freedoms that have been recognized by the

Royal Proclamation of October 7, 1763; and

(b) any rights or freedoms that may be acquired by the

aboriginal peoples of Canada by way of land claims

settlement.

27. This Charter shall be interpreted in a manner consistent with

the preservation and enhancement of the multicultural heritage

of Canadians.

28. Notwithstanding anything in this Charter, the rights and

freedoms referred to in it are guaranteed equally to male and

female persons.

378 Charter of Rights and Freedoms

An Argument Against

Free Trade

The plans to create a Free Trade Agreement between Canada and the

United States kindled an intense debate about the immediate and

long-term effects of the arrangement. Although the Mulroney

administration had the support of businesses and resource producers

that were eager to sell their products in the United States without

added tariffs, opponents of the FTA came from a broad spectrum of

Canadian society. Many, like professor and economist James Laxer,

argued that closer economic integration would imperil Canada’s

sovereignty. The excerpt below comes from Laxer’s forceful book on

the subject of free trade, Leap of Faith.

The proposed free trade agreement can best be understood as a

formalized bargain between Canada and the United States. As

everyone knows, there are two sides to every bargain. What the

Canadian free traders want is complete and assured access to the

American market for Canadian producers. In return for that access

they will limit Canadian economic sovereignty, to lock Canada into

the larger pattern of the American economy, to discard Canadian

ways of doing things in favour of American ways of doing things.

Limiting sovereignty, whether advertently or inadvertently, means,

quite simply, limiting future choices; that is why it is so important to

take such steps only with very great care. Once made, the free trade

bargain will not be unmade. It will be more important to Canadians

James Laxer, Leap of Faith: Free Trade and the Future of Canada (Edmonton:

Hurtig Publishers, 1986), 13, 15, 91, 92, 137.

An Argument Against Free Trade 379

than their own national constitution in determining what they can do

and not do as a society. . . .

Free traders want Canadians to emulate the American economic

model. Their conclusion that free trade with the United States is the

best option for the country rests on the assumption that the American

market system is the highest expression of what is possible in an

economy. They hope that by linking Canada with the vibrant U.S.

economy, fresh air will course through the musty corridors of

Canadian enterprise, calling people in this country to meet the

challenge of competition by rising to new heights of entrepreneurial

energy. . . .

Canadians have often been told that the stakes in the debate about

free trade with the United States are purely economic, that the issue is

whether a sound business deal can be had. There is evidence,

however, that what will be on the table in the trade negotiations is no

less than a series of key decisions about our way of life, the values of

our society, the character of our communities. What is involved is

“culture,” not in the narrow sense of specific institutions and their

products, but in the broad sense of the world view of our society. . . .

I believe there are such differences between Canada and the United

States, and that they are tangible, important to the way Canadians

live, and that they are at stake in the trade talks. Four areas come

to mind:

. Violence in the two countries

. The tone and design of Canadian and American cities

. Attitudes to social programs

. The importance of the military in the two countries

It is clear . . . that entering a free trade arrangement with the United

States means moving over to a more “market-driven economy.” This

means an economy in which strategic long-range planning is less, not

more, possible. It means moving over to the American system at

exactly the moment in history when that system is revealing its

fundamental weakness. There could be no greater economic folly for

Canada, no greater misreading of the history of our time.

380 An Argument Against Free Trade

First Nations Charter

Many groups in the late twentieth century made concerted efforts to

articulate their objectives and advance their agendas in Canadian

society. One such organization was the Assembly of First Nations,

the country’s largest coalition of peoples of aboriginal descent. The

following excerpts come from the Charter of the Assembly of First

Nations that was adopted in July 1985 at Vancouver, British

Columbia. This important statement should be considered in the light

of the new Constitution and the Charter of Rights and Freedoms.

Of particular interest is the language that links the First Nations

to the international community, as an expression of expanding

aboriginal interests beyond Canada, and the appeal to treaties and the

rule of law.

WE THE CHIEFS OF THE INDIAN FIRST NATIONS IN

CANADA HAVING DECLARED:

THAT our peoples are the original peoples of this land having been

put here by the Creator;

THAT the Creator gave us laws that govern all our relationships for

us to live in harmony with nature and mankind;

THAT the laws of the Creator defined our rights and responsi-

bilities;

THAT the Creator gave us our spiritual beliefs, our languages, our

cultures, and a place on Mother Earth which provided us with all our

needs;

Jeffrey Keshen and Suzanne Morton, eds., Material Memory: Documents in Post-

Confederation History (Don Mills, Ontario: Addison-Wesley, 1998), 326–327.

First Nations Charter 381

THAT we have maintained our freedom, our languages, and our

traditions from time immemorial;

THAT we continue to exercise the rights and fulfill the responsi-

bilities and obligations given to us by the Creator for the land upon

which we were placed;

THAT the Creator has given us the right to govern ourselves and

the right to self-determination;

THAT the rights and responsibilities given to us by the Creator

cannot be altered or taken away by any other nation;

THAT our aboriginal title, aboriginal rights and international

treaty rights exist and are recognized by international law;

THAT the Royal Proclamation of 7 October 1763 is binding on

both the Crowns of the United Kingdom and of Canada;

THAT the Constitution of Canada protects our aboriginal title,

aboriginal rights (both collective and individual) and international

treaty rights;

THAT our governmental powers and responsibilities exist; and

THAT our nations are part of the international community

ARE DETERMINED:

To protect our succeeding generations from colonialism;

To reaffirm our faith in fundamental human rights, in the dignity

and worth of the human person, in the equal rights of men and

women of our First Nations large and small;

To establish conditions under which justice and respect for the

obligations arising from our international treaties and from interna-

tional law can be maintained; and

To promote social progress and better standards of life among our

peoples;

AND FOR THESE ENDS,

To respect our diversity,

To practice tolerance and work together as good neighbours,

To unite our strength to maintain our security, and

To employ national and international machinery for the promotion

of the political, economic and social advancement of our peoples. . . .

382 First Nations Charter

A Voice of New Canadians

Canada’s immigration patterns have shifted dramatically since the

nineteenth century, but what has not changed are themes having to

do with the ways in which immigrants struggle to maintain their

cultural identity as they adapt to Canadian society. A particular

challenge for immigrants and their children is to assess the positive

and negative aspects of acculturation. Another is to determine the

relationship between identifying with the nation and with one’s ethnic

roots. The documents below come from interviews with two Chinese-

Canadian women. Although they were recorded in the late twentieth

century, they speak to human matters that are timeless: pride,

acceptance, dislocation, acculturation, and survival. The first

selection is from an interview with Winnie Ng, a Hong Kong-born

woman who came to Canada in 1968; the second is the testimony of

Lily Welsh, a Chinese-born woman who arrived in Canada as an

infant in 1951.

Winnie Ng

When my daughter, Claire, was about three years old, she came with

a picture of herself with blond hair. I remember I got kind of upset,

questioning her—“what colour is your hair?” I figured no matter

how much you want to assimilate, there are people who say, “As long

as you treat people well, you’ll be reciprocated.” But I don’t think I

believe that anymore. As a non-white Canadian, as a Chinese

Canadian, you need to assert yourself.

Jin Guo, Voices of Chinese Canadian Women (Toronto: Women’s Book

Committee, Chinese Canadian National Council, 1992), 167–168, 169–171.

A Voice of New Canadians 383

For me, the whole identification of myself as “Canadian” has been

a very gradual process. I came here in 1968. When I was a student, I

saw myself as a “student.” I didn’t see myself as part of the Chinese

Canadian community. But once you get involved in working in the

community, eventually there’s a process of moving from identifying

yourself as an immigrant to identifying yourself as a Canadian of

Chinese origin. Having two children here sort of prompted that

process—and the fact that those labels, at a certain point, are

arbitrary.

Lily Welsh

I don’t think my daughter is conscious of being Chinese. When she

was a lot younger, she used to say, “I’m part Chinese and part white.”

I mean, I taught her that she’s part Chinese and part white. So she

would go to school and she’d tell other people. The other day she

came home and told me she was walking home with a Chinese girl.

Our daughter told this other girl that she was part Chinese and part

white. The other girl, who is completely Chinese, told my daughter

that she herself is also part Chinese and part white. . . .

I usually use the word, “Chinese Canadian.” When I say

“Canadian,” I guess I think only about the white people—although

I am actually a Canadian myself. I also use the term “Chinese,”

because, after all, I am a Chinese person. But because I grew up in

Canada, I most often call myself a “Chinese Canadian.” I don’t really

think about Chinese culture much because my parents didn’t follow

the customs that thoroughly. . . .

I don’t think I’m a typical Chinese Canadian woman. I feel like I’m

in between. To me, a typical Chinese Canadian woman is one who is

so westernized that she follows everything the white person’s way.

And I don’t feel that I’m like that because I know a lot of Chinese

customs and I do mingle with a lot of Chinese people. . . .

I have not always felt proud to be Chinese. Sometimes I too have

wished I was white, so I could be in the majority instead of being in

the minority. I suppose I feel that way when I get depressed. I don’t

384 A Voice of New Canadians

resent white people. I realize that even among the white people there

are all different kinds. . . .

When I came out to the city, I got along very well with the Chinese

people I met. If I made mistakes in speaking Chinese, I never felt bad. I

could be excused because I grew up in Canada. But if I made a

mistake speaking English, I felt really bad, I really put myself down.

Sometimes I feel very inadequate in my English. Maybe it’s because

I went through so many years of being very quiet. I find that’s the case

with a lot of Chinese. When you’re in a minority, you feel different.

And when you feel different, you feel kind of inadequate. It ’ s only

when you get older that you realize how silly that thinking is. But

then, the thing is that when you go through life being so quiet, that

quietness becomes a part of you.

A Voice of New Canadians 385