The Canadian Charter of Rights Does Not Protect Us

Canada is a signatory to the United Nations Convention on Human Rights which states that individuals must never be discriminated against on the basis of race, ethnic or national origin, even in a crisis. The Canadian Charter of Rights and Freedoms proclaims similar freedoms but they are subject to political will and not truly entrenched rights.Section 33 of the Charter allows Parliament and the provincial Legislatures to override these civil right by simply declaring this intention in the legislation.

In other words, by stating in the Act that the Charter of Rights does not apply, the government is not bound by the equality rights such as freedom from discrimination on the basis of racial ancestry.

Known as the “override clause,” Section 33 has long been considered a serious loophole. An example of the way Section 33 can be used occurred when the Supreme Court of Canada struck down Quebec legislation requiring shop signs to be in French.In a controversial move, the Quebec legislature invoked Section 33 of the Charter to override the human rights section of the Charter that had invalidated the previous sign law.

Although the Emergencies Act which replaced the War Measured Act in 1988 does not contain an override provision, a future Parliament or possibly a cabinet acting as governor in council could amend the Emergencies Act to invoke Section 33, or could pass other legislation to legalize discrimination similar to that which caused the injustices suffered by Japanese Canadians.

The only way to entrench the equality rights protections contained in the Charter of Rights and Freedoms is by amending the Charter so that no government can ever trample on the rights of individuals.

- Justice in Our Time: The Japanese Canadian Redress Settlement. (1991). p. 74.