Section Thirty-four of the Canadian Charter of Rights and Freedoms
Encyclopedia
Section Thirty-four of the Canadian Charter of Rights and Freedoms is the last section of Canada
's Charter of Rights
, which is entrenched in the Constitution Act, 1982
. Section 34 provides guidance for the legal citation
of the Charter.
The section has been interpreted by Canadian writers, who have analyze both its intention and its meaning. Because the section affirms the name of the Charter and thus entrenches it in the Constitution Act, it came into focus in 1994 when a Member of Parliament
(MP) proposed to change the name of the Charter.
, section 34's function "simply" relates to citation. The section clarifies that the first 34 sections of the Constitution Act, 1982 may be collectively called the "Canadian Charter of Rights and Freedoms," which is an "official
name." This would be the name of the English
version. The French
version of section 34 states "Titre de la présente partie: Charte canadienne des droits et libertés."
In 1982, constitutional scholar Peter Hogg
suggested that the section also clarifies the size and scope of the Charter. Only section 34 and the sections that come before it compose the Charter. The next sections of the Constitution Act, 1982, including section 35
(which affirms Aboriginal
rights) and section 36 (which affirms equalization payments
), are thus not Charter rights. This is significant, since section 1
of the Constitution Act, 1982 allows for limits on Charter rights, so it cannot apply to sections 35 or 36. However, this also means that a "judicial remedy" under section 24
of the Act is not available for sections 35 or 36, since section 24 refers only to the Charter.
Canadian poet George Elliott Clarke
once analyzed section 34, calling it "bland legalese." He wrote it was "reassuring" because it was dull, signalling neither fear nor excitement. Thus, it seemed to imply the Charter of Rights was not a radical constitutional change, despite the fact that it was potentially revolutionary for a constitutional monarchy
. In considering the name Canadian Charter of Rights and Freedoms, Clarke felt the first word, "Canadian," hinted at Canadian nationalism
. He then compared this to the French Declaration of the Rights of Man and of the Citizen
and the United States Bill of Rights
, saying that those documents were written by men who had just emerged from conflict and still remembered it, and thus Canada could be duller. However, he noted there was some drama in the Charter in that it was written when there was a threat of Quebec separatism
, and section 27
(multiculturalism), section 25
(Aboriginal rights), and section 15(2)
(affirmative action) of the Charter could change the country.
In 1994, the Canadian House of Commons
debated changing the name of the Canadian Charter of Rights and Freedoms to the Canadian Charter of Rights, Freedoms and Responsibilities. As Parliamentary Secretary Russell MacLellan
pointed out, this would have to be done through a constitutional amendment
, particularly to section 34, since section 34 "establishes the charter's title. The charter's title is thus part of the Constitution." MacLellan believed the amending formula
needed would be the one requiring the support of seven provincial governments representing at least half of Canada's population. Edmonton Southwest
MP Ian McClelland
had suggested the change, believing it to be necessary because "I felt we were becoming a nation of entitlement." MacLellan replied that "The Canadian Charter of Rights and Freedoms is and aspires to be a statement by Canadians about the rights and freedoms which we as Canadians deeply value in our democratic society." MacLellan added that section 1 implied a need for responsibilities, so "It is not necessary to change the title of this charter to emphasize the integral relationship between the individual's rights and his or her responsibility to the rest of society."
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's Charter of Rights
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, which is entrenched in the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
. Section 34 provides guidance for the legal citation
Legal citation
Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions , statutes, regulations, government documents, treaties, and scholarly writing....
of the Charter.
The section has been interpreted by Canadian writers, who have analyze both its intention and its meaning. Because the section affirms the name of the Charter and thus entrenches it in the Constitution Act, it came into focus in 1994 when a Member of Parliament
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
(MP) proposed to change the name of the Charter.
Text
Under the heading "Citation," the section reads:Function
Section 34, as part of the Constitution Act, 1982, came into force on April 17, 1982. According to the government of CanadaGovernment of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
, section 34's function "simply" relates to citation. The section clarifies that the first 34 sections of the Constitution Act, 1982 may be collectively called the "Canadian Charter of Rights and Freedoms," which is an "official
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
name." This would be the name of the English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
version. The French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
version of section 34 states "Titre de la présente partie: Charte canadienne des droits et libertés."
In 1982, constitutional scholar Peter Hogg
Peter Hogg
Peter Wardell Hogg, CC, QC, FRSC is a Canadian lawyer, author and legal scholar. He is best known as a leading authority on Canadian constitutional law....
suggested that the section also clarifies the size and scope of the Charter. Only section 34 and the sections that come before it compose the Charter. The next sections of the Constitution Act, 1982, including section 35
Section Thirty-five of the Constitution Act, 1982
Section thirty-five of the Constitution Act, 1982 provides constitutional protection to the aboriginal and treaty rights of Aboriginal peoples in Canada. The section, while within the Constitution Act, 1982 and thus the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms...
(which affirms Aboriginal
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
rights) and section 36 (which affirms equalization payments
Equalization payments
Equalization payments are cash payments made in some federal systems of government from the federal government to subnational governments with the objective of offsetting differences in available revenue or in the cost of providing services....
), are thus not Charter rights. This is significant, since section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Constitution Act, 1982 allows for limits on Charter rights, so it cannot apply to sections 35 or 36. However, this also means that a "judicial remedy" under section 24
Section Twenty-four of the Canadian Charter of Rights and Freedoms
Section Twenty-four of the Canadian Charter of Rights and Freedoms provides for remedies available to those whose Charter rights are shown to be violated...
of the Act is not available for sections 35 or 36, since section 24 refers only to the Charter.
Discussion
George Elliott Clarke
George Elliott Clarke, OC is a Canadian poet and playwright. His work largely explores and chronicles the experience and history of the Black Canadian community of Nova Scotia and New Brunswick, creating a cultural geography that Clarke refers to as "Africadia".-Life:Born to William and Geraldine...
once analyzed section 34, calling it "bland legalese." He wrote it was "reassuring" because it was dull, signalling neither fear nor excitement. Thus, it seemed to imply the Charter of Rights was not a radical constitutional change, despite the fact that it was potentially revolutionary for a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
. In considering the name Canadian Charter of Rights and Freedoms, Clarke felt the first word, "Canadian," hinted at Canadian nationalism
Canadian nationalism
Canadian nationalism is a term which has been applied to ideologies of several different types which highlight and promote specifically Canadian interests over those of other countries, notably the United States...
. He then compared this to the French Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
and the United States Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
, saying that those documents were written by men who had just emerged from conflict and still remembered it, and thus Canada could be duller. However, he noted there was some drama in the Charter in that it was written when there was a threat of Quebec separatism
Quebec sovereignty movement
The Quebec sovereignty movement refers to both the political movement and the ideology of values, concepts and ideas that promote the secession of the province of Quebec from the rest of Canada...
, and section 27
Section Twenty-seven of the Canadian Charter of Rights and Freedoms
Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the courts...
(multiculturalism), section 25
Section Twenty-five of the Canadian Charter of Rights and Freedoms
Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter...
(Aboriginal rights), and section 15(2)
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
(affirmative action) of the Charter could change the country.
In 1994, the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
debated changing the name of the Canadian Charter of Rights and Freedoms to the Canadian Charter of Rights, Freedoms and Responsibilities. As Parliamentary Secretary Russell MacLellan
Russell MacLellan
Russell Gregoire MacLellan is a Canadian politician who served as the 24th Premier of Nova Scotia from 1997 to 1999.MacLellan was born in Halifax, Nova Scotia...
pointed out, this would have to be done through a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
, particularly to section 34, since section 34 "establishes the charter's title. The charter's title is thus part of the Constitution." MacLellan believed the amending formula
Amendments to the Constitution of Canada
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution.- History :...
needed would be the one requiring the support of seven provincial governments representing at least half of Canada's population. Edmonton Southwest
Edmonton Southwest
Edmonton Southwest was a federal electoral district in Alberta, Canada, that was represented in the Canadian House of Commons from 1988 to 2003.-Demographics:-Geography:It was located in the city of Edmonton in the province of Alberta.-History:...
MP Ian McClelland
Ian McClelland
Ian G. McClelland is an Edmonton-based businessperson, who was a member of the Canadian House of Commons from 1993 to 2000, and a member of the Alberta Legislative Assembly from 2001 to 2004.-Business:...
had suggested the change, believing it to be necessary because "I felt we were becoming a nation of entitlement." MacLellan replied that "The Canadian Charter of Rights and Freedoms is and aspires to be a statement by Canadians about the rights and freedoms which we as Canadians deeply value in our democratic society." MacLellan added that section 1 implied a need for responsibilities, so "It is not necessary to change the title of this charter to emphasize the integral relationship between the individual's rights and his or her responsibility to the rest of society."