The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence (preamble) to the Constitution of Canada's Charter of Rights and Constitution Act, 1982. The principles it invokes are the "supremacy of God" and the "rule of law." The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... 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 Canadian Charter of Rights and Freedoms. ... 3. ... Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. ... Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. ... The right to live and work anywhere in Canada. ... Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individuals autonomy and personal legal rights from actions of the government. ... Section 8 - SEARCH OR SEIZURE. 8. ... Section Nine of the Canadian Charter of Rights and Freedoms, found under the Legal rights heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. ... 10. ... crap ... Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individuals freedom from cruel and unusual punishments in Canada. ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the Legal rights heading in the Charter. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canadas two official languages, English and French. ... Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... 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. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... 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... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... Section Thirty-four of the Canadian Charter of Rights and Freedoms is the last section of Canadas Charter of Rights, which is entrenched in the Constitution Act, 1982. ... Look up Preamble in Wiktionary, the free dictionary. ... The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ... A principle (not principal) is something, usually a rule or norm, that is part of the basis for something else. ... This article discusses the term God in the context of monotheism and henotheism. ... The Politics series Politics Portal This box:      The rule of law, in its most basic form, is the principle that no one is above the law. ...

In full, it reads,

Interpretation

Writing in 1982, when the Charter came into force, constitutional scholar Peter Hogg noted that these words, being a preamble, could not really be applied by the courts but in theory could help to determine how other sections of the Charter should be read and applied. In this particular case, however, Hogg expressed doubt as to how much help this preamble could be, noting the term "rule of law" is "notoriously vague" and that the mention of the "supremacy of God" is contrary to section 2 of the Charter, which protects freedom of conscience, which Hogg felt would include a right to atheism.^[1] In R. v. Morgentaler (1988), Justice Bertha Wilson defined freedom of conscience as protecting "conscientious beliefs which are not religiously motivated," and balanced the preamble out with the statement that "the values entrenched in the Charter are those which characterize a free and democratic society." Peter Wardell Hogg, C.C., Q.C., Ph. ... The Canadian Charter of Rights and Freedoms. ... Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold a viewpoint, or thought, regardless of anyone elses view. ... Atheist redirects here. ... Holding Section 251 of the Criminal Code violates a womans right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. ... Bertha Wilson (born September 18, 1923) is a retired Canadian jurist and was a Puisne Justice of the Supreme Court of Canada. ...

In considering the legal implications of the preamble in the 1999 case R. v. Sharpe, the British Columbia Court of Appeal referred to it as a "dead letter" which the BC justices had "no authority to breathe life" into.^[2] R. v. ... The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia. ... A dead letter is used when a man, most likely a soldier, is not sure of his survival with important documents or information. ...

The Supreme Court did consider the preamble's mention of the rule of law in Reference re Manitoba Language Rights (1985), noting that striking down most of Manitoba's laws as unconstitutional (because they were not enacted in both languages as required by the Manitoba Act) might be a threat to the rule of law. This would render Manitoba nearly lawless, and the principle of the rule of law was defined as meaning no one is above the law and that laws must exist, as they uphold society's values. The Court thus confirmed the Charter's preamble's importance by writing that "The constitutional status of the rule of law is beyond question."^[3] As a result some time was given before the unconstitutional laws would expire. Reference re Manitoba Language Rights [1985] 1 S.C.R. 721 was a reference question posed to the Supreme Court of Canada regarding provisions in the Manitoba Act stipulating the provision of French language services in the province of Manitoba. ... Motto: Gloriosus et Liber (Latin: Glorious and free) Capital Winnipeg Largest city Winnipeg Official languages English French (de facto) Government Lieutenant-Governor John Harvard Premier Gary Doer (NDP) Federal representation in Canadian Parliament House seats 14 Senate seats 6 Confederation July 15, 1870 (5th) Area  Ranked 8th Total 647,797... The Manitoba Act was an Act of the Parliament of Canada, and was given Royal Assent on May 12, 1870. ...

In Re B.C. Motor Vehicle Act (1985), the Supreme Court also linked the rule of law to the principles of fundamental justice, as illustrated by sections 8 to 14 of the Charter. The Court noted the importance of these rights to the justice system, stating that sections 8-14 "have been recognized as essential elements of a system for the administration of justice which is founded upon a belief in 'the dignity and worth of the human person' (preamble to the Canadian Bill of Rights, R.S.C. 1970, App. III) and on "the rule of law" (preamble to the Canadian Charter of Rights and Freedoms)."^[4] Re B.C. Motor Vehicle Act 1985 SCC 72 was a reference submitted to the Supreme Court of Canada regarding the contitutionality of the B.C. Motor Vehicles Act. ... Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ... Section 8 - SEARCH OR SEIZURE. 8. ... Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the Legal rights heading in the Charter. ...

Alternate interpretations

Theologian Douglas Farrow has written that, while some courts have rejected that the preamble's mention of God can have any force, the preamble indicates that "Canada cannot be regarded as a strictly secular country, in the popular sense of the term." Farrow writes that either Canada "is, or is not, committed to the notion that divine worship is linked- one way or another- to 'a love of the laws,' and a love of the laws to divine worship." The word "Whereas", moreover, indicates all sections of the Charter should be read in light of the principle recognizing the supremacy of God. This includes the "rule of law", which comes after the "supremacy of God" in the preamble, and Farrow indeed writes that the rule of law "is hard to account for, to interpret, or to sustain without reference" to the supremacy of God, as the rule of law developed from the religious backgrounds of Canada. Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ...

Farrow did acknowledge that the preamble is ambiguous as to whether it refers to a specific God (the Christian God or Jewish God) or to a more abstract concept that promotes civic virtue (i.e., civil religion).^[5] For the Wikipedia policy regarding civility, see Wikipedia:Civility Civic virtue is the cultivation of habits of personal living that are claimed to be important for the success of the community. ... The intended meaning of the term civil religion often varies according to whether one is a sociologist of religion or a professional political commentator. ...

In the case R. v. Big M Drug Mart, a dissenting judge on the Alberta Court of Appeal, Justice Belzil, wrote that the preamble to the Charter indicated Canada had a Christian heritage and thus courts should not use the section 2 right to freedom of religion to eliminate certain traditions. Otherwise, the Canadian majority would lose various rights, such as having laws recognizing Christmas. Even the Gregorian calendar might be endangered. Holding The Lords Day Act violates section 2 of the Charter and is invalid. ... The Alberta Court of Appeal is the highest court in Alberta. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... For other uses, see Christmas (disambiguation). ... For the calendar of religious holidays and periods, see liturgical year. ...

History

New Democrat Svend Robinson has opposed the preamble's mention of God.

After one version of the Charter drawn in June 1980 that lasted until September, which said in its preamble that Canadians "shall always be, with the help of God, a free and self-governing people,"^[6] the Charter was not going to have a preamble. The current preamble only first appeared in the April 1981 draft, which came relatively late in the process. It was included despite the fact that there was no call for the Charter to have a preamble by the Special Joint Committee which was reviewing the Constitution,^[7] and that the prime minister of Canada at the time, Pierre Trudeau, called it "strange" that some of his colleagues wanted God referenced in the Charter. (Trudeau told his MPs, "I don't think God gives a damn whether he's in the constitution or not.") There were, however, various religious and Conservative criticisms of the Charter during its drafting, with fears that denominational schools and Canada's abortion law were threatened. At this time as well, religious groups in Canada such as 100 Huntley Street and the Evangelical Fellowship of Canada were growing and wanted God acknowledged in the Constitution. Despite the Liberal Party of Canada's protests that a better preamble could be written after patriation was achieved, and thus there was no need for the preamble being proposed at the time by the Conservatives, religious groups increased their activism. Trudeau's Justice Minister, Jean Chrétien, said it was the top issue in all of the letters the government was sent during patriation.^[8] This article is about the Canadian political party. ... Svend Robinson Svend Johannes Robinson (born March 4, 1952) is a Canadian politician and prominent activist for gay rights. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... “Trudeau” redirects here. ... This article does not cite any references or sources. ... Religious education teaches the doctrines of a religion. ... International status of abortion law  Legal on request  Legal for rape, maternal life, health, mental health, socioecomic factors, and/or fetal defects  Legal for or illegal with exception for rape, maternal life, health, fetal defects, and/or mental health  Illegal with exception for rape, maternal life, health, and/or mental... 100 Huntley Street is a long-running Canada-based Christian daily talk show and the flagship programme of the Crossroads Television System. ... The Evangelical Fellowship of Canada (EFC) is a national parachurch association of over 140 affiliated church denominations, ministry organizations, educational institutions, and 1,000 local church congregations. ... The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... Look up Patriation in Wiktionary, the free dictionary. ... Joseph Jacques Jean Chrétien, usually known as Jean Chrétien, PC, QC, BA, BCL, LLD (h. ...

Farrow identified the Charter preamble as being the successor to, although shorter than, the preamble in the 1960 Canadian Bill of Rights,^[9] which reads John Diefenbaker holds the Bill of Rights The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbakers government on August 10, 1960. ...

There was also precedent for religious references in Canadian politics in the national motto ("A Mari usque ad Mare"), which is derived from Psalm 72. The reference to the supremacy of God was new to the Canadian Constitution itself, however. The British North America Acts made no mention of this, even though as author George Egerton remarked, "It is doubtful if the Canadian political elites of 1982 were as firm as the patriarchs of 1867 in their devotion to the supremacy of God"; indeed, many were aiming for more separation of church and state.^[10] The British North America Acts 1867–1975 are a series of Acts of the Parliament of the United Kingdom dealing with the government of Canada, which was known as British North America until 1867. ... Canadian Confederation, or the Confederation of Canada, was the process that ultimately brought together a union among the provinces, colonies and territories of British North America to form a Dominion of the British Empire, which today is a federal nation state simply known as Canada. ... Constantines Conversion, depicting the conversion of Emperor Constantine the Great to Christianity, by Peter Paul Rubens. ...

The preamble has been politically controversial. In 1999 New Democratic Party MP Svend Robinson proposed before the Canadian House of Commons that the mention of God be struck from the preamble, citing concerns about Canada's diversity and those Canadians who would not share that principle. He was supported by a thousand constituents who had signed a petition, but the proposal was controversial and the party responded by undermining Robinson's responsibilities and position in the caucus. Indeed, the NDP itself had its origins in social gospel.^[11] This article is about the Canadian political party. ... Svend Robinson Svend Johannes Robinson (born March 4, 1952) is a Canadian politician and prominent activist for gay rights. ... Type Lower House Speaker Peter Milliken, Liberal since January 29, 2001 Leader of the Government in the House of Commons Peter Van Loan, Conservative since January 4, 2007 Opposition House Leader Ralph Goodale, Liberal since January 23, 2006 Members 308 Political groups Conservative Party Liberal Party Bloc Québécois... The Social Gospel movement is a Protestant Christian intellectual movement that was most prominent in the late 19th century and early 20th century. ...

Sociological impact

The preamble has proved valuable to some groups and political parties. The Christian Heritage Party of Canada, for example, quoted the preamble on the main page of their website, and the party called itself "Canada's only pro-Life, pro-family federal political party, and the only federal party that endorses the principles of the Preamble to the Charter of Rights and Freedoms." ^[12] The words "principles that recognize the supremacy of God and the rule of law" also appear in the party's official policies regarding what they feel all laws should be based upon, and the party states that "'Human rights' as expressed in the Canadian Charter of Rights and Freedoms can only, therefore, be legitimately interpreted in light of, or in conjunction with, the higher Moral Law of God." ^[13] The Christian Heritage Party of Canada is a federal political party that advocates the governance of Canada according to the inspired, inerrant written Word of God. [1] This socially and fiscally conservative party held its founding convention in Hamilton, Ontario in November 1987, where Ed Vanwoudenberg was elected its first... This article is about the social movement. ...

Muslim Canadians have also cited the preamble as being important to them: Some have written that "in Canada these are the principles of the Islamic Law which correspond to similar principles in the Canadian Charter of Rights and Freedoms which relate to: (1) The Supremacy of God and the Rule of Law (Preamble); (2) Guarantee of Rights and Freedoms (3) Fundamental Freedoms (4) Equality Rights; (5) Multicultural heritage." Since, in their view, Islamic law originated with God, and since multiculturalism would indicate the God referred to in the Preamble would include the Islamic god, then Islamic law should have a place in Canada.^[14] According to 2001 census, there were 579,640 Muslims in Canada, just under 2% of the population. ... 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. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... 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... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ... The term multiculturalism generally refers to a state of both cultural and ethnic diversity within the demographics of a particular social space. ...

Some people believe that the preamble reflects something more negative. An article written on the McGill University website says that the preamble reflects the fact that "The purpose of the law is to protect privilege, not equality" and that emphasizing "monotheism" and the "rule of law" is typical of countries that place value in having classes. ^[15] McGill University is a public co-educational research university located in Montréal, Québec, Canada. ... For the Celtic Frost album, see Monotheist (album) In theology, monotheism (from Greek one and god) is the belief in the existence of one deity, or in the oneness of God. ... Social class refers to the hierarchical distinctions between individuals or groups in societies or cultures. ...

See also

• Preamble to the United Nations Charter
• Preamble to the United States Constitution
• Constitution of Fiji: Preamble

The Preamble to the United Nations Charter is the opening of the United Nations Charter. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... This article is a commentary on the Preamble to the Fijian constitution. ...

Notes