Today is the 30th anniversary of the Charter of Rights. Three decades ago on a windy, rainy day Queen Elizabeth, Pierre Trudeau, Jean Chretien, along with some hangers on and dignitaries, got together in a ceremony to sign the Charter of Rights and Freedoms and patriate (make Canadian) the Constitution.
The ceremony was outside. When there was a break in the rain, they pulled everyone on stage. Queen Elizabeth overheard Jean Chretien uttering profanities in French when a pen malfunctioned. They got the papers signed, finished everything up and then it started to rain.
Jean Chretien, aside from having been a good Prime Minister, was also the founding father of our Charter of Rights. He was the one who did all of the legwork. He is the one who twisted arms to get everyone (almost) on side. He managed the process from beginning to end and for all of his work Canadians owe him a debt of gratitude.
Evan Solomon interviewed Chretien concerning the Charter. You can watch the interview here.
The Charter of Rights and Freedoms, as the name implies, guarantees the rights and freedoms described and authorizes and empowers our courts to defend and protect these rights, and to provide remedies when our rights are violated. Ultimately, it is a document that protects you from governments. In this sense it is primarily intended to protect you as an individual. And so you could call it Libertarian in that it emphasizes freedom, liberty and rights commonly associated with natural law and the the rights of man.
Of course these are the values that Conservatives claim to stand for. Chretien correctly suggests that the Federal Conservatives are silent on the issue, (in fact and by implication deriding the Charter) because it did not come about under a Conservative government. Harper’s assistant spokesperson has said they will issue a “press release” concerning the 30th anniversary.
In any event, regardless of the party that holds the most seats, the Charter, our courts and our democracy ensure that we enjoy a basic level of protection from governments, from unlawful acts by government agents such as the police (more on this on another day) and in the event that any particular government fails to respect the Charter, we can replace them in the next election.
So, have a drink to the Charter and the visionaries of all parties who made it happen. And perhaps when we replace the current federal government we can get on the project of having a holiday to commemorate our Charter of Rights and Freedoms.
Click here to read the Charter of Rights and Freedoms.