|
 |
 |
|
WHEREAS the Constitution
of Canada provides that every
individual is equal before and
under the law and has the right
to the equal protection and
benefit of the law without discrimination and that everyone
has the freedom of conscience,
religion, thought, belief, opinion, expression, peaceful
assembly and association and
guarantees those rights and
freedoms equally to male and
female persons; |
The Preamble of the Canadian Multiculturatism
Act situates the Act within the broad
framework of civil, political, social and
language rights which have been entrenched in
the Constitution of Canada. It calls attention
to Section 27 of the Canadian Charter of Rights
and Freedoms, which provides that the
multicultural heritage of Canadians be
considered in interpreting other sections of the
Charter.
The following explanations provide additional information on the elements of the legislative framework referred to in the Preamble. The first four paragraphs of the Preamble refer to Sections of the Canadian Constitution, some of which are included in the Canadian Charter of Rights and Freedoms. The Charter establishes fundamental freedoms and democratic and legal rights, most of which have been traditionally enjoyed by Canadians but were not before guaranteed in the Constitution. In many ways the Charter is similar to Bills of Rights in the constitutions of other countries, but it contains provisions which are specifically Canadian.
Clause 15(l) of the Charter, for example,
establishes that every individual is equal
before and under the law and is entitled to
equal benefit of the law without discrimination.
But clause 15(2) goes further by allowing for
the development of programs to aid groups
that are at a disadvantage in society.
|
Preamble
|
|
AND WHEREAS the Constitution of Canada recognizes the
importance of preserving and
enhancing the multicultural
heritage of Canadians;
|
Section 27 of the Charter enjoins our
courts to interpret the Charter "in a manner
consistent with the preservation and
enhancement of the multicultural heritage of
Canadians."
|
|
|
AND WHEREAS the Constitution of Canada recognizes
rights of the aboriginal peoples
of canada;
|
The Preamble refers to Sections 25 of the
Charter and 35 of the Constitution Act, 1982,
which make it clear that no provision of the
Constitution can be used in a way that will
interfere with any special rights that the
Aboriginal peoples have now or that may be
acquired in the future.
|
|
|
AND WHEREAS the Constitution of Canada and the Official
Languages Act provide that
English and French are the official languages of Canada and
neither abrogates or derogates
from any rights or privileges
acquired or enjoyed with
respect to any other language;
|
Finally, language rights are dealt with in
Sections 16 to 23 of the Charter. Section 16
affirms the principle of the equality of English
and French as our two official languages, while
Section 22 ensures that any rights and
privileges that exist with respect to languages
other than English and French are not
impaired by the official language provisions of
the Charter.
Other pieces of landmark legislation - such as the Official Languages Act, the Citizenship Act, and the Canadian Human Rights Act - are also cited in the Preamble as sources from which the Canadian Multiculturalism Act draws its strength.
The Official Languages Act contains
measures to ensure that the English and
French languages have equal status in areas of
federal jurisdiction, and that federal
government services are available in both
languages. At the same time, the preamble to
the Official Languages Act recognizes the
importance of preserving and enhancing the
use of languages other than English and
French.
|
|
|
AND WHEREAS the Citizenship Act provides that all Canadians,
whether by birth or by
choice, enjoy equal status, are
entitled to the same rights,
powers and privileges and are
subject to the same obligations,
duties and liabilities;
|
The Citizenship Act enables all Canadian
citizens, whether they became citizens by birth
or by choice, to enjoy equal status and to
assume equal responsibilities.
|
|
|
AND WHEREAS the Canadian Human Rights Act provides
that every individual should
have an equal opportunity with
other individuals to make the
life that the individual is able
and wishes to have, consistent
with the duties and obligations
of that individual as a member
of society, and, in order to
secure that opportunity, establishes the Canadian Human
Rights Commission to redress
any proscribed discrimination,
including discrimination on the
basis of race, national or ethnic
origin or colour;
|
The Canadian Human Rights Act gives legal
force to the right of equality of opportunity and
provides for legal action when that right is
infringed upon through discrimination in the
provision of goods, services, facilities or
accommodation, or in employment. The
Canadian Human Rights Act also forbids the
publication of notices that discriminate or are
intended to incite discrimination, and the use
of telecommunications facilities (such as
telephones) to convey hate messages. It is the
federal counterpart to provincial legislation
which protects against discriminatory
practices in areas of provincial jurisdiction.
|
|
| AND WHEREAS Canada is a party to the International Convention on the Elimination of All Forms of Racial Discrimination, which Convention recognizes that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination, and to the International Covenant on Civil and Political Rights, which Covenant provides that persons belonging to ethnic, religious or linguistic minorities shall not be denied the right to enjoy their own culture, to profess and practise their own religion or to use their own language; |
Canada plays an active role in
international affairs. As a member of the
United Nations, our country has signed several
International Articles affirming our
commitment to better the human condition at
home and abroad. Some of these agreements
are recalled in the Preamble.
The International Convention on the Elimination of all Forms of Racial Discrimination, ratified by Canada in 1970, obliges us to take positive measures against racial discrimination. |
|
| AND WHEREAS the Government of Canada recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society and is committed to a policy of multiculturalism designed to preserve and enhance the multicultural heritage of Canadians while working to achieve the equality of all Canadians in the economic, social, cultural and political life of Canada; |
The International Covenant on Civil and
Political Rights, which Canada ratified in 1976,
addresses the rights of all persons to enjoy
their own culture, practise their own religion
and use their own language.
Finally, the Preamble recognizes that our
cultural diversity is a fact of Canadian life, a
fundamental characteristic of our
multicultural society. The Government of
Canada is committed to preserving and
enhancing our multicultural heritage and to
working for the equal access and full
participation of all Canadians in all facets of
our society.
|
|
|
|
|
|