An Exceptional Nation

By Rachel Bryce
Summerland Secondary School

he Charter of Rights and Freedoms, created in 1982, is a powerful document that sets Canada part from other countries and cultures. The Charter was initially derived from the “Bill of Rights”, created in Britain in 1689, and the “Declaration of the Rights of Man and of the Citizen”, written for France in 1789. However, over the years Canada has managed to adapt the Charter to become more fitting for the lives of those who live in Canada. Canada’s Charter of Rights and Freedoms sets Canada apart from other countries such as Indonesia, which currently has no charter of bill to outline the rights and freedoms of the people. The Charter of Rights and Freedoms is unique in itself because it unifies the people of Canada and describes the freedoms that each citizen can enjoy.

Over the years there have been several changes made to the Charter to help represent the people of Canada better. One example of this type of change was called the “Sparrow v. The Queen” case. This case was in 1990 when the issue was brought up as to whether a limit imposed on the fishing rights of Aboriginal people was inconsistent with one portion of the Charter. The government decided that in order for these restrictions to be put in place, the Aboriginal people needed to be informed as to why these limits were being put in place and that they were justified in that request. In this example, the government was able to adjust a portion of the charter in order to be more fitting for the current lives of the Aboriginal people.

The Charter is also quite a few steps ahead in comparison to countries such as Indonesia which, as of yet, has no official documents to outline the freedoms and rights of the citizens. Indonesia is currently in great turmoil, one of its largest issues being that the government has been accused of failing to protect fundamental rights of many of the citizens and minorities of the country. One example of this failure is in the protection of the women who hold jobs in many households as “domestic workers” to do jobs such as laundry, cooking, taking care of the children of the household, and shopping. In some of these cases, the domestic worker is abused, either physically, sexually or, psychologically, by her employer. In 2004 a law “Regarding the Elimination of Violence in the Household” was passed by the Indonesian Parliament; however this law has yet to take effect on some of the abuses that are taking place. The United States tried to step in and point out the human rights abuses that were going on in Indonesia in 2005, but were warned not to interfere by the Indonesian government.

Canada is unique because of the Charter, as it is a formal outline of the freedoms that every Canadian receives. The Charter also gives Canadians a feeling of unity as citizens of Canada, who live under a common Charter with common rights and freedoms. Although the Charter was based on the French Declaration and British Bill, the Canadian Charter of Rights and Freedoms has become a unique document that represents every individual in Canada and their liberties. Another characteristic of the Charter is that it applies to any person in Canada, whether a Canadian citizen, a permanent resident, or a newcomer. The only exceptions to the rights and freedoms contained in the Charter are those which are only applicable to Canadian citizens. For example, the Charter only gives the right to vote and the right “to enter, remain in and leave Canada”, to Canadian citizens.

In conclusion, the Charter of Rights and Freedoms is a very unique document that sets Canada apart from countries such as Britain, France and Indonesia. And, despite the fact that Canada’s Charter was based on that of Britain and France, the contents of the Charter have been changed over the years to make it just as unique as Canada itself. The Charter has become a unifying record of the rights and freedoms that every Canadian enjoys and will continue to experience in years to come. As a Canadian myself, I am proud of the way the Charter of Rights and Freedoms has been developed to become an exceptional document for an exceptional nation.