programs for the socially or economically
and Labrador could not have been changed
disadvantaged).
except with the consent of the legislature of
Newfoundland and Labrador; nor can the
4. Legal rights (a long list, including such things
Labrador boundary.
as the right to a fair, reasonably prompt,
public trial by an impartial court).
The amending process under the fi rst three
formulas can be initiated by the Senate, or the
5. Equality rights (no discrimination on grounds
House of Commons, or a provincial legislature.
of race, national or ethnic origin, religion,
The ordinary act of Parliament required by the
sex, age, or mental or physical disability;
fourth formula can, of course, be initiated by
again, with provision for ?affi
rmative action?
either house.
programs).
Third, the Constitution Act, 1982, sets out the
6. Offi
cial language rights.
Canadian Charter of Rights and Freedoms
that neither Parliament nor any provincial
7. Minority-language education rights in certain
legislature acting alone can change. Any such
circumstances.
changes come under the second formula (or,
where they apply only to one or more, but not
The equality rights came into force on April 17,
all, provinces, the third formula).
1985, three years after the time of patriation
of our Constitution. (This gave time for
The rights and freedoms guaranteed by the
revision of the multitude of federal, provincial
Charter are:
and territorial laws that may have required
1. Democratic rights (for example, the right
amendment or repeal.)
of every citizen to vote for the House of
Commons and the provincial legislative
The offi
cial language rights make English
assembly, and the right to elections at least
and French the offi
cial languages of Canada
every fi ve years, though in time of real or
for all the institutions of the government and
apprehended war, invasion or insurrection,
Parliament of Canada and of the New Brunswick
the life of a federal or provincial legislature
government and legislature. Everyone has the
may be prolonged by a two-thirds vote of the
right to use either language in Parliament and
Commons or legislative assembly).
the New Brunswick legislature. The acts of
Parliament and the New Brunswick legislature,
2. Fundamental freedoms (conscience, religion,
and the records and journals of both bodies,
thought, expression, peaceful assembly,
must be in both languages. Either language may
association).
be used in any pleading or process in the federal
and New Brunswick courts. Any member of the
3. Mobility rights (to enter, remain in, or leave
public has the right to communicate with the
Canada, and to move into, and earn a living
government and Parliament of Canada, and the
A Federal State
15
How Canadians Govern Themselves
government and legislature of New Brunswick,
denied rights and freedoms guaranteed under
and to receive available services, in either
the Charter, it must exclude such evidence ?if
