SIMINCA - Live in Canada - Democracy and citizen rights


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The rights of citizens are guaranteed by the Constitution
The rule of law and limits to the State's powers

Canada is a multicultural society governed by the Rule of Law which protect minority rights and in which:

the exercise of power is governed by democratic principles and institutions;
no one is above the law;
the rights of citizens are guaranteed by the Constitution.

The rights of citizens are guaranteed by the Constitution

The Canadian Charter of Rights and Freeedoms (1982) protect fundamental rights and freedoms. These apply to all citizens wherever they may be within Canada. The State cannot restrict them. Here are some examples of these.

«Everyone has the following fundamental freedoms:

freedom of conscience and religion;
freedom of thought, belief, opinion and expression including freedom of the press and other media of communication;
freedom of peaceful assembly; and
freedom of association.»

Every citizen of Canada has:
1. the right to vote or be elected in an election of members of the House of Commons or of a legislative assemply;
2. the right to enter, remain in and leave Canada.
Every citizen or permanent resident of Canada has the right:

Another article of the Charter states that: 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...based on race, national or ethnic origin, colour, religion, sex, age or disability.

The charter also provides for tlegal rights such as the right to life, liberty, security of the person, and the right not to be arbitrarily detained or arrested.

The Canadian Constitution declares Canada to be a bilingual multicultural and democratic country and enshrines both French and English as the two official languages of Canada.

The Rule of Law and limits to the State's power

Relations between the State and citizens are governed by important principles of equity, transparency and impartiality. Furthermore, whereas governments may propose political choices these may only be implemented after they have been approved by the population. Laws can only apply after having been debated and adopted by the legislatures and with respect for due process.

Government employees must perform their duties in the public's interest, honestly, with impartiality that is without any discrimination and with respect for the rights of citizens. They must avoid conflicts of interests and show political neutrality.

A person who believes he was a victim of negligence, an error, injustice, or abuse on the part of civil servants may lodge a complaint with certain independent organizations whose role is to monitor and intervene if necessary to correct such problems. The Québec Ombudsman (Protecteur du citoyen) is such and organization. Its services are free.

Citizens may also ask the courts to validate the constitutionality of laws that affect them.

Several measures help citizens access courts, tribunals or obtain documents held by the government. They also protect the confidentiality of any personal information which public administration departments may hold.

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