Constitution, Charter of Rights and Freedoms
Students acquire knowledge of the provisions of the Constitution Act, the entrenchment of the Canadian Charter of Rights and Freedoms, and how the documents affected human rights in Canada. Students examine Canada’s growing cultural diversity and the challenges of pluralism. Students also investigate the effects of changing demographic patterns, urbanization, and technological change.
- Canadian identity, citizenship, and nationhood are subjects of ongoing debate in Canada’s pluralistic society.
- Immigration has helped shape Canada’s history and continues to shape Canadian society and identity.
- The history of Canadian citizenship is characterized by an ongoing struggle to achieve equality and social justice for all.
- The meaning of citizenship has evolved over time and the rights, responsibilities, and freedoms of Canadian citizens are subject to continuing debate.
Select topics from the following list of suggested historical content to guide student inquiry:
1. Patriation and constitutional reform
- Patriation of the Constitution: terms of the Constitution Act of 1982 (including provisions for First Nations); federal-provincial conferences; Québec refusal to ratify new constitution; First Nations protests
- Entrenchment of the Canadian Charter of Rights and Freedoms: Notwithstanding clause; changing role of Supreme Court of Canada; issue of individual versus collective rights; First Nations, Métis, and Inuit rights
- Notable Charter cases: abortion rights; same sex marriage; language rights; gender equity; minority issues (turbans in RCMP, kirpans in schools); detainment of citizens for security purposes
- Debate over the relationship between Parliament and the courts
2. A modern pluralistic society
- Changing demographic profiles: ethnic and cultural diversity of immigrants; refugees; rural-urban migration and urbanization; baby boom; aging population and impact on social programs (Note: Refer back to EQ 11.4.2 on page III-94 for changes in immigration policy, 1960s.)
- Debate over national identity in a pluralistic society: the nature of Canadian multiculturalism; what Canadians have in common that makes them Canadian
- Rapidly changing technology: impact on mass communication and citizen involvement, on the economy, on work, on education, and on daily life
Essential question: How has Canada been shaped by the Canadian Charter of Rights and Freedoms, cultural diversity, and demographic and technological change?
- Canadian identity, citizenship, and nationhood are subjects of ongoing debate in Canada’s pluralistic society.
- Immigration has helped shape Canada’s history and continues to shape Canadian society and identity.
- The history of Canadian citizenship is characterized by an ongoing struggle to achieve equality and social justice for all.
- The meaning of citizenship has evolved over time, and the rights, responsibilities, and freedoms of Canadian citizens are subject to continuing debate.
Federal/Provincial relations
Students examine the division of powers between the national and provincial governments, as well as federal-provincial tensions. Students acquire knowledge of how Canada came to be a multicultural country within a bilingual framework. Students gain an understanding of Canada as a country of regions and ways in which federalism was challenged by regional and cultural identities. Students also acquire knowledge of Québec’s place within the Canadian federation and explore attempts at constitutional reform to resolve long-standing issues relating to the French-English duality in Canada.
- French-English duality is rooted in Canada’s history and is a constitutionally protected element of Canadian society.
- As a result of Québec’s unique identity and history, its place in the Canadian Confederation continues to be a subject of debate.
- French-English relations play an ongoing role in the debate about majority-minority responsibilities and rights of citizens in Canada.
- The role of government and the division of powers and responsibilities in Canada’s federal system are subjects of ongoing negotiation.
Select topics from the following list of suggested historical content to guide student inquiry:
1. Emerging nationalism in Québec, from French-Canadian to Québécois
- Québec’s view of federalism: concept of two founding peoples; Québec concern for protection of distinct culture; 1867 act or pact?
- Maurice Duplessis and Union Nationale: role of the Catholic church (1936–1959)
- The Quiet Revolution (1960s), and the policy of maîtres chez nous
- Changing federalism (Pearson, Diefenbaker, Trudeau)
- The Royal Commission on Bilingualism and Biculturalism (1963)
- FLQ crisis (Front de Libération du Québec) (October 1970)
- Unsuccessful attempts at constitutional reform (e.g., Victoria Charter, Bourassa [1971])
- Parti Québécois forms government in Québec (1976); Bill 101, René Lévesque, and the idea of sovereignty-association
- Referendum on sovereignty-association and results (1980)
- Constitutional reform (1982) (Note: Make brief mention here of reform as a consequence of the changing relationship between Québec and the rest of Canada; refer to EQ 11.5.1 for a detailed study of constitutional reform.)
2. Challenges to federalism
- First Nations political activism: Change to Indian Act, allowing land claims (1951); phasing out of residential schools (1960s); the White Paper (1969–1971); “The Red Paper” (1970); Berger Commission (1974–1977); James Bay and Northern Québec Agreement (1975) (first “modern” treaty with First Nations)
- National Indian Brotherhood (1968); Assembly of First Nations (1982); land claims disputes
- Regional disparities and federal-provincial relations: western alienation from National Energy Program (1980); debates over National Wheat Board, CF-18 (fighter jet) issue (1986); political representation; federal resource policies; regional identities
Essential question: How was Canadian federalism challenged by federal-provincial tensions and the debate over the status of Québec?
- French-English duality is rooted in Canada’s history and is a constitutionally protected element of Canadian society.
- As a result of Québec’s unique identity and history, its place in Canadian Confederation continues to be a subject of debate.
- French-English relations play an ongoing role in the debate about majority-minority responsibilities and rights of citizens in Canada.
- The role of government and the division of powers and responsibilities in Canada’s federal system are subjects of ongoing negotiation.
Students explore how the patriation of the Constitution without the consent of Québec affected national unity. Students examine attempts to get Québec to sign the patriated Constitution, particularly the Meech Lake and Charlottetown Accords, and their results. Students also investigate the implications of the debate over Québec’s place in the Canadian federation and how the major political parties responded to this debate.
- Nouvelle-France, Acadia, Québec, and francophone communities across Canada have played and continue to play a role in shaping Canadian history and identity.
- As a result of Québec’s unique identity and history, its place in the Canadian Confederation continues to be the subject of debate.
- French-English relations play an ongoing role in the debate about majority-minority rights and responsibilities of citizens in Canada.
- The role of government and the division of powers and responsibilities in Canada’s federal system are subjects of ongoing negotiation
Select topics from the following list of suggested historical content to guide student inquiry:
1. The place of Québec in Canada
- Brief review of Québec nationalism up to the 1980 referendum
- Question of recognition as a distinct society/nation and impact on federal-provincial powers; Québec’s refusal to ratify the 1982 Constitution (Note: Refer back to EQ 11.5.1. on page III-116); Bourassa’s demands (1986)
- Meech Lake Accord (1987–1990) and results; major players (Mulroney, Bourassa, Elijah Harper, Wells, Filmon); provincial ratification process; formation of Bloc Québécois (Bouchard) and its role in national politics
- Charlottetown Accord (1992); referendum (Oct. 26, 1992) and results
- Québec referendum on sovereignty (1995) and results
- Calgary Declaration (1997)
- Supreme Court judgment about right to secede (1998); Clarity Act (2000)
- Parliament recognizes Québec as a nation within a united Canada (2006)
2. National unity and changing politics
- Founding of Reform Party (Preston Manning, 1987), and rise to Official Opposition in 1997; Canadian Alliance Party (February 2000); creation of new Conservative Party of Canada (Harper, 2003)
- Issues of federal-provincial division of powers (e.g., equalization payments; health care issues (Romanow Report, 2002); control of natural resources
- Question of Senate reform (e.g., elected senate, term appointments, abolition)
- Economic recession and financial crisis (2008–2009)
- Growing debate about powers and responsibilities of government
- Shifting political spectrum; Mulroney conservatism, Liberal majority governments under Chretien, emergence of Green Party, minority governments (Harper), role of opposition parties (Bloc Québécois, NDP), balance of power, prorogation of Parliament in December 2008; opposition coalition, recent federal elections, political parties’ positions on issues of federalism
Essential question: How has the question of national unity influenced federalism, constitutional debate, and political change?
- Nouvelle-France, Acadia, Québec, and francophone communities across Canada have played and continue to play a role in shaping Canadian history and identity.
- As a result of Québec’s unique identity and history, its place in the Canadian Confederation continues to be the subject of debate.
- French-English relations play an ongoing role in the debate about majority-minority rights and responsibilities of citizens in Canada.
- The role of government and the division of powers and responsibilities in Canada’s federal system are subjects of ongoing negotiation.
Indigenous rights, Treaty rights
Students examine the guarantees provided to Canada’s Aboriginal Peoples by the Canadian Charter of Rights and Freedoms (Sections 25 and 35) and their role in the Meech Lake Accord and Charlottetown Accord. Students acquire knowledge of the different ways in which First Nations, Métis, and Inuit organizations and communities are taking action to gain a greater degree of cultural, political, and economic self-determination, and the responses to these actions by the Canadian and provincial governments.
- First Nations, Métis, and Inuit peoples play an ongoing role in shaping Canadian history and identity.
- First Nations, Métis, and Inuit peoples have a long history in North America, and their diverse and complex cultures continue to adapt to changing conditions.
- The relationship between First Nations, Métis, and Inuit peoples and non-Aboriginal peoples moved from autonomous co-existence to colonialism to the present stage of renegotiation and renewal.
- First Nations, Métis, and Inuit peoples have achieved constitutional recognition of their unique status as Aboriginal peoples in Canada, along with recognition and affirmation of their existing Aboriginal and treaty rights.
Select topics from the following list of suggested historical content to guide student inquiry:
(Note: Teachers may decide to begin this learning experience with an overview of current socio-economic, cultural, and political realities of First Nations, Métis, and Inuit peoples to provide context for this study, or to end the learning experience with such an overview.)
1. The Constitution Act (1982) and its effects
- Brief review of impact of colonialism and post-Confederation treaties (Note: Refer to EQ 11.3.3.)
- Charter recognition of rights of Aboriginal peoples (Section 25)
- Bill C-31 (1985) amends Indian Act to remove gender-based discrimination
- First Nations and the Meech Lake (role of Elijah Harper) and Charlottetown Accords
2. Protest and political action
- Oka crisis (1990); Aboriginal Justice Inquiry in Manitoba (1988–1991); Ipperwash standoff (1995); James Bay Cree referendum (1995); court ruling on Aboriginal sentencing (1999); creation of Nunavut (1999); Supreme Court fishing rights (Donald Marshall, 1999); Nisga’a Land Claim Agreement (2000); Burnt Church fisheries dispute (2000); Caledonia protest (2006); local protests
- The political role of the Assembly of First Nations and other Aboriginal organizations
- Impact of these events on First Nations rights and on the Canadian public
(Note: The importance of this section, rather than to study the details of each event, is for students to understand that First Nations, Métis, and Inuit peoples are increasingly taking action to gain their rights, and that related issues are now firmly on the Canadian political agenda.)
3. Towards reconciliation
- Royal Commission on Aboriginal Peoples (1996)
- Moves to reconciliation: Kelowna Accord (2005); Indian Residential Schools Settlement Agreement (2006); Declaration on the Rights of Indigenous Peoples (2007) and ongoing debate on Canada’s position; Indian residential school apology in Parliament (2008); Indian Residential Schools Truth and Reconciliation Commission (2009); ongoing debate regarding the Indian Act
4. Current realities of First Nations, Métis, and Inuit in Canada
- Treaty rights, status of Métis, Nunavut, land claims, self-governance, socioeconomic conditions, culture, education, and health
Essential question: How are the First Nations, Métis, and Inuit peoples seeking a greater degree of cultural, political, and economic self-determination?
- First Nations, Métis, and Inuit peoples play an ongoing role in shaping Canadian history and identity.
- First Nations, Métis, and Inuit peoples have a long history in North America, and their diverse and complex cultures continue to adapt to changing conditions.
- The relationship between First Nations, Métis, and Inuit peoples and non-Aboriginal peoples moved from autonomous co-existence to colonialism to the present stage of renegotiation and renewal.
- First Nations, Métis, and Inuit peoples have achieved constitutional recognition of their unique status as Aboriginal peoples in Canada, along with recognition and affirmation of their existing Aboriginal and treaty rights.