CITIZENSHIP IN CANADA

1. CITIZENSHIP IN CANADA OUR RIGHTS AND RESPONSIBILITIES

2. “Canadian citizens have rights and responsibilities. These come to us from our history, are secured by Canadian law, and reflect our shared traditions, identity, and values.” - Discover Canada, “The Rights and Responsibilities of Citizenship” The rights and responsibilities of Canadians are present first and foremost in Canadian Laws. The supreme law of the land is known as the Constitution Act. The preamble of the original Constitution Act, 1867- the document that created Canada- states: “Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom:” LEGAL RIGHTS AND RESPONSIBILITIES Canada’s government is to derive from the same institutions, practices, principles and traditions as those of the United Kingdom. Example: A bicameral parliament.

3. Sources of Canadian law: • Laws passed by Parliament and the provincial legislatures; • English common law; • Civil code of France and; • Unwritten constitution (conventions) LEGAL RIGHTS AND RESPONSIBILITIES Constitution Act was amended in 1982, patriatingthe constitution and entrenchingthe Charter of Rights and Freedoms. The Charter outlines fundamental rights, legal rights, mobility rights, Aboriginal rights, minority rights, rights related to education, and addresses multiculturalism.

4. Rights of Citizenship • Fundamental Rights (s2) • freedom of religion • Freedom of peaceful assembly • Legal Rights (s.7-14): • right to life, liberty, and security of the person. • right to legal counsel and the guarantee of habeas corpus • Democratic Rights (s 3-5) • right to vote and run in an election • elections every 5 years http://charterofrights.ca/en/27_00_01

5. Rights of Citizenship • Mobility rights (s6): • the right to move freely within the borders of Canada and live in whichever province • the right to enter and leave Canada freely Equality rights (s15): equal treatment before and under the law, and equal protection and benefit of the law without discrimination. • Aboriginal Rights(s25, 35): • the charter does not take any existing Aboriginal rights and freedoms. • provides protection of treaty rights Gender equality (s.28): all Charter rights are guaranteed equally to men and women.

6. Responsibilities of Citizenship • Obeying the law — One of Canada’s founding principles is the rule of law. Individuals and governments are regulated by laws and not by arbitrary actions. No person or group is above the law. • Taking responsibility for oneself and one’s family — Getting a job, taking care of one’s family and working hard in keeping with one’s abilities are important Canadian values. Work contributes to personal dignity and self-respect, and to Canada’s prosperity. • Serving on a jury — When called to do so, you are legally required to serve. Serving on a jury is a privilege that makes the justice system work as it depends on impartial juries made up of citizens. • Voting in elections — The right to vote comes with a responsibility to vote in federal, provincial or territorial and local elections. • Helping others in the community — Millions of volunteers freely donate their time to help others without pay—helping people in need, assisting at your child’s school, volunteering at a food bank or other charity, or encouraging newcomers to integrate. Volunteering is an excellent way to gain useful skills and develop friends and contacts. • Protecting and enjoying our heritage and environment — Every citizen has a role to play in avoiding waste and pollution while protecting Canada’s natural, cultural and architectural heritage for future generations. Source: Ministry of Citizenship and Immigration, (2012). Discover Canada: Rights and responsibilities of citizenship. Retrieved from website: http://www.cic.gc.ca/english/pdf/pub/discover.pdf

7. Citizenship Test Would you pass the Canadian Citizenship test? Try it out from the Richmond, BC Public Library here: http://www.yourlibrary.ca/citizenship/

8. Sources Duhaime.org. Accessed: November 20 & December 12 2012 from http://www.duhaime.org/LegalDictionary (various pages) Ministry of Citizenship and Immigration, (2012). Discover Canada: Rights and responsibilities of citizenship. Retrieved from website: http://www.cic.gc.ca/english/pdf/pub/discover.pdf Richmond Public Library, (2011). Canadian practice citizenship test. Retrieved from website: http://www.yourlibrary.ca/citizenship/

9. Terms Bicameral: having two legislative or parliamentary chambers Entrench: literally to place within or surround with. This just means that the Charter was engrained in the Constitution Act, becoming a part of the constitution instead of acting as a stand-alone piece of legislation. This move gives the Charter much more power and force, particularly because unlike ordinary legislation, the constitution is much more difficult to amend. Habeas corpus: a legal action that requires a person accused of a crime and arrested in brought to appear before a judge as quickly as possible, that a person can be released from unlawful detention wherein there is a lack of evidence. Multiculturalism: Cultural diversity which is represented in communities, policies, programs and institutions. People from various nationalities are free to celebrate and live their culture. Patriate: To bring home. The Constitution Act, 1982 was an act of Parliament which “brought home” the constitution to Canada. Prior to 1982, the Constitution was a law passed by British Parliament. Canadians could not amend the Constitution at their will, but rather it could only be amended with approval from the British.