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MINISTER DION STATES THAT CANADIANS ARE RIGHT TO RALLY
AROUND THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS
TORONTO, ONTARIO, April 12, 2002 – Speaking at the opening of a
symposium on the 20th anniversary of the Canadian Charter of Rights and
Freedoms, organized by the Department of Political Science and MacLaughlin
College of York University, the Honourable Stéphane Dion, President of the
Privy Council and Minister of Intergovernmental Affairs, claimed that Canadians
rightly see in the Charter a strengthening of their rights.
Referring to the results of a poll conducted in February 2002 by the Centre
for Research and Information on Canada, Mr. Dion noted that 92 % of
Canadians (including 91 % of Quebecers) believe that the Canadian
Charter of Rights and Freedoms is a good thing. It is clear, the Minister
stated, that the fears often expressed to the effect that the Charter would
divide Canadians are unfounded.
These fears touched on three aspects, Mr. Dion recalled: the Charter would
conflict with our democratic tradition, our federal structure and the Quebec
identity. The Minister devoted his address to showing that the Charter has in
fact adjusted very well to these three key dimensions of the Canadian reality.
Democracy: The Charter has enriched democracy by protecting
individuals and minorities against the unchecked power of the state, but without
giving the judicial branch too much authority, Mr. Dion maintained. "As
Pierre Elliott Trudeau hoped, the Charter belongs to all Canadians; it
strengthens the power of the people in relation to the state. It is true that
this power passes through the mediation of judges, but that mediation takes the
form of a productive dialogue with the people’s elected representatives. After
20 years of the Charter’s existence, this is the positive finding of the
government of Jean Chrétien, the vast majority of Canadians, and, it
seems, the majority of our legal experts," said Mr. Dion.
Federalism: The Charter has given rise to a case law which has
deepened the practice of federalism, Mr. Dion asserted. He added that this case
law favours diversity and strengthens provincial autonomy. "The Supreme
Court has established that the provinces can apply different remedies to similar
political problems without this producing discrimination," the Minister
pointed out, citing several excerpts from the Court’s decisions. When the
Court has invalidated provincial statutes, it has often been to the benefit of
minorities in those provinces, be they linguistic or Aboriginal, so
that "the Court has not made Canada uniform, but has on the
contrary strengthened its heterogeneous nature," the Minister
emphasized. "Our Charter and our federalism are well matched," he
stated.
Quebec identity: The Charter has reflected the rich diversity of our
country and respected the Quebec identity, the Minister demonstrated.
"Those who have seen a contradiction between the Charter and the
distinct or unique character of Quebec society are quite mistaken," he
declared. Citing opinion polls, he indicated that it is striking to
see "the extent to which Canadians’ approval of the Court’s
decisions are not indicative of disagreements between Quebecers and other
Canadians." Two former chief justices and the current Chief
Justice of the Supreme Court have stated that the Court has taken account of the
unique or distinct character of Quebec society in its decisions, the Minister
pointed out.
In addition to democracy, federalism and the Quebec identity, the Charter has
strengthened the Canadian identity as well, the Minister added. Canadians can be
proud that the unity of their country"can coalesce around such a noble
cause as respect for universal rights," Mr. Dion concluded.
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For information:
André Lamarre
Special Assistant
Telephone: (613) 943-1838
Fax: (613) 943-5553
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