The Charter of Human Rights and Freedoms is a statute, effective only in Quebec, which addresses, with impartiality to language, the rights of Quebecois. It was passed by the National Assembly in 1975 and was given Royal Assent a year latter (postdating the Bill of Rights and predating the Canadian Charter of Rights and Freedoms). It was then given quasi-constitutional status by the Supreme Court, meaning that it has precedence over all provincially applicable laws.
The Charter of Human Rights and Freedoms derives from the Bill of Rights, in it that it includes the entirety of its 5 sections and, in turn, the Canadian Charter derives almost entirely (all sections that are federally applicable and even its name) from the Quebec Charter. Quebec’s Charter is an effective statute because it not only protects the rights expected for human beings (as is the case with the Canadian Charter) but also because it effectively reflects the values of Canadian society. It does so through the consultation of Quebec citizens in the legislation process. Such input caused Quebec’s Charter to incorporate rights such as free health care and education, information, dignity, free disposition of property, child protection, and a healthy environment.
It is because of such communal input that Quebec’s Charter is more Canadian then the Canadian Charter. And it is for this reason that I believe that the “Canadian” Charter of Rights and Freedoms should be abolished and the Charter of Human Rights and Freedoms, with required amendments, be adopted in it's place.
*Some of the rights contained in Quebec's Charter that are not included in the Canadian Charter may be included in other Federal or Provincial Acts.
-Stephen
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