Most Canadians don’t know their rights. We’re trying to change that
By Christine Van Geyn
A poll released by Leger late last year revealed an unsettling level of misunderstanding of the constitution among the Canadian public. The survey showed that just one-third of Canadians polled said they had read the Charter of Rights and Freedoms. Many could not understand the difference between the Charter and the U.S. Declaration of Independence, confusing the language of the two.
For example, 88 per cent of respondents to the Leger poll said that the Charter guarantees the right to life, liberty and the pursuit of happiness. It does not – this is the language from the Declaration of Independence. The Charter guarantees the rights to life, liberty and security of person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
While disheartening, these revelations should not come as a huge surprise. During the pandemic we saw not just members of the public, but also politicians (and arguably, the courts themselves), confused about the protections afforded by the Charter. The Leger poll also asked Canadians to rank in order which Charter rights need the most protecting. At the top of that list was freedom of expression, selected by 17 per cent of respondents.
Freedom of expression is a widely misunderstood right among the public – and among politicians. One of the greatest misperceptions is who it applies to. The Charter protects citizens from government action. It does not free individuals from consequences for their speech from their employer, from their community or family, or even from social platforms. Some may read this and think that this suggests that the right to freedom of expression is not robust. This is not the case. Although the right does apply only to government action, governments are frequently acting to limit expression.