HUMA 1320 - Do Canadians really have full freedom

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School

York University *

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Course

1320

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Political Science

Date

Apr 3, 2024

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docx

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4

Uploaded by PresidentIbisMaster1017

HUMA 1320 - Sterling May - 219051713 Tutorial 4 - Axelle Demus Do Canadians have full freedom? Do Canadians have full freedom? Freedom is being free from oppression, constraint, or interference in one's actions, thoughts, beliefs, or choices. The Canadian Charter Of Rights and Freedoms established in 1982 is a document that guarantees Canadians their rights and freedoms. The document does grant Canadians their rights and freedom but only to “such reasonable limits..”. Beyond that, section 33 of the charter is the Notwithstanding clause. The Notwithstanding clause is a constitutional provision allowing provincial and federal governments to temporarily override certain charter rights. So are we free as Canadians if there are limitations and a clause with the ability to override our rights and freedoms? The Canadian Charter of Rights and Freedoms is a foundational document that translates into Canada's legal and political systems. The purpose of it is to uphold and protect fundamental rights and freedoms of individuals, including freedom of expression, assembly, and religion, as well as the right to equality, life, liberty, and security of the person. These rights are necessary in any democratic society, providing citizens with freedom. With the Notwithstanding clause in place, it's hard to say that Canadians are truly free. The clause can override our fundamental freedoms and legal rights. All a government has to do is announce how they will be using the clause. The clause lasts for five years but is subject to renewal. When compared to other democratic countries, this idea is unique to Canada. “The disconcerting result of the notwithstanding clause is that Canada doesn’t have any “guaranteed” rights… Canadians ultimately remain free solely on the discretion of their provincial legislatures.” (Tristian Hooper, 2017). The only real fight against the clause being abused is outrage from the public. if the public is outraged by the use of the clause that said the government will probably not be elected again come the next voting period. In 2020 there was a case where many Canadians tried to use their rights and freedoms against the government but weren’t fully unaware of how they work. Many Canadian citizens were outraged by the COVID-19 vaccine mandate. Many people gathered to protest against the mandate in Ottawa, Ontario but came in with “a flawed understanding of the limits of constitutional freedoms and how the Westminster 1
parliamentary system works” (Peter Zimonjic, 2022). The protest had a large number of truckers who used their trucks to block the streets. Many people gathered to chant for freedom and waving their Charter Of Rights And Freedoms. This interrupted and disrupted day-to-day life for local citizens and police officers of Ottawa as well. Protest tried to argue this and claimed martial law had been imposed and that their rights had been violated. As mentioned earlier, Canadians do have a guarantee of their rights and freedoms but only to such reasonable limits, those limits are prescribed by law. One of our fundamental freedoms in the charter is the right to peaceful assembly (c). Since there are limits prescribed by law, this leaves the choice to the court to decide if this is peaceful or not. “Assemblies cease to be peaceful when people begin rioting or when gatherings seriously disturb the peace. The right to assembly also does not include the right to physically impede or blockade lawful activities.” (Peter Zimonjic, 2022). Eventually, the federal government had to invoke the Emergency Act to clear the streets so regular peaceful life could continue. The clause was created in 1980 when Pierre Trudeau proposed that Canada should have its constitution. Several provincial premiers felt that it gave too much power to the courts and argued that there should be some sort of an escape hatch from certain rights in the charter. The clause was included in the charter so federal and provincial governments maintained supremacy over the courts. “The NDP opposition in Ontario, New Democrats in Ottawa and the federal Liberal government have all cried foul, saying that the use of the notwithstanding clause is trampling the rights of Canadians.” (Peter Zimonjic, Jennifer Chevalier, 2022). Even the current Canadian prime minister Justin Trudeau had this to say about the clause; “Canadians themselves should be extremely worried about the increased commonality of provincial governments using the notwithstanding clause preemptively to suspend their fundamental rights and freedoms… The Charter Of Rights And Freedoms cannot become a suggestion.”. The Notwithstanding clause was intended to be used in the most unusual of circumstances but today it has been used several times by multiple different provinces. Several provincial governments have used the clause in recent history, including current Ontario Premier Doug Ford. The Canadian Union of Public Employees (CUPE) demanded that Ford increase the annual wage by 11.7%. CUPE and Ford couldn’t 2
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