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MINISTER DION GIVES A POSITIVE REVIEW OF THE 20 YEARS OF
THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS' APPLICATION
WASHINGTON, D.C., April 2, 2002 – In a speech delivered today at the
Woodrow Wilson International Centre for Scholars, the Honourable Stéphane Dion,
President of the Privy Council and Minister of Intergovernmental Affairs, stated
that the Canadian Charter of Rights and Freedoms has made it possible to
better respect collective rights while maintaining the paramountcy of individual
rights. Mr. Dion also noted that, even though the American Constitution does not
explicitly recognize collective rights, the sometimes difficult reconciliation
of individual rights and collective rights raises similar debates in Canada and
the United States.
To highlight the importance accorded to collective rights in Canadian law,
the Minister looked at the interaction, now 20 years old, of the Canadian
Charter of Rights and Freedoms and three aspects of Canadian society:
federalism, bilingualism and the aboriginal population.
Mr. Dion asserted that the collective rights related to federalism have
adapted well to the Charter and the courts’ interpretation of it, and that
there has even been a strengthening of the practice of federalism. In the case
of Quebec, the Minister maintained that, contrary to the oft-expressed fear of
Quebec nationalists, the province’s distinct character has not been weakened.
With regard to the rights of official-language minorities, the Minister showed
that the Supreme Court of Canada has made a liberal and dynamic interpretation
of those language rights, giving them the form of genuine affirmative action
programs. The Charter provisions regarding the rights of Canada’s aboriginal
peoples have been interpreted by the courts in a way that gives them a broad
scope, the Minister also emphasized.
The Minister also cited examples of the recognition, in American case law, of
the principle of respect for minorities, such as affirmative action programs for
minority groups and rights accorded in response to the needs of linguistic
minorities.
Furthermore, Mr. Dion underlined that the similarities in law between the two
countries, which can be seen despite the difference in context and legal texts,
shows the extent to which reconciling individual rights and collective rights
leads to a universal debate.
In a liberal democracy, the Minister stated, the law must be founded first
and foremost on individual rights rather than on collective rights since "only
flesh-and-blood individuals have a tangible existence; they alone are capable of
feelings, freedom, happiness." But he added that, while individual
rights have paramountcy, they can be limited by a rule of law for the good of
society as a whole, or for the good of specific communities within society
"as charters exist also to protect minorities against the domination or
negligence of the majority."
Citing the work of the Canadian philosopher Will Kymlicka, Mr. Dion observed
that minority groups tend to want specific legal protection for two reasons:
"The first is a need for protection against society as a whole. The
second is the desire to control the members of the group in question so as to
preserve the internal consistency of the group, its homogeneity." The
Minister said he feared that these two concerns, especially the second, may lead
to practices contrary to the respect for individual rights. "They can
create inequalities and discriminations between the members of the group and the
rest of society, just as they can erode the freedom of the individual members of
the group."
In the face of these special claims by groups calling for a system of rights
that would not be accessible to other members of society, the Minister
maintained that liberal democracies must agree to modulate the exercise of
rights so as to better respond to those elements of diversity that are
compatible with universal rights. He emphasized that this is what the United
States and Canada are trying to do, in accordance with their own legal
traditions, continuing an ever-evolving process: "Despite this
difference in the texts, the legal practices of the two countries tend to give
precedence to individual rights while taking collective rights into
consideration."
In closing, Mr. Dion recalled that just as Americans cherish their
Constitution, Canadians have quickly come to see their Charter as one of their
most fundamental institutions. He declared that it has become very popular
throughout the country, including in Quebec.
"I think Canadians are right. In Canada as in the United States, the
individual and collective rights established by constitutional texts and case
law are more than ever key elements in the quest for a more just society,"
the Minister concluded.
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For information:
André Lamarre
Special Assistant
Telephone: (613) 943-1838
Fax: (613) 943-5553
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