Mr. Speaker, I am pleased to rise today in recognition of the 20th anniversary of the Canadian Charter of Rights and Freedoms.
Many Canadians can trace their origins to groups of refugees and immigrants who came to this country over the past hundreds of years. Many came to escape religious and political persecution by oppressive authorities, including my own family who came to Canada to escape the injustices of the brutal Soviet regime of the 1920s. These experiences are not easily forgotten by the collective memory of their descendants.
However, even in Canada the descendants of these immigrants and refugees learned through bitter experience that such matters as education and religion were not always guaranteed. Indeed aboriginal Canadians as well know that the government has sometimes hindered their development as equal partners in Canadian society.
The Canadian Charter of Rights and Freedoms has proven to be a powerful check on the power of government to unreasonably intrude on our rights and freedoms. Canadians today give their overwhelming support to the Canadian Charter of Rights and Freedoms. What Canadians from all regions say they like most of all about the charter are the aspects that promote unity, such as the protection of minority rights and the promotion of equality rights.
However, the charter is not a cure all for all the injustices of our society. Canadians have often disagreed with some of the changes the charter has affected in our society as a result of certain court decisions. These include, for example, the case of John Robin Sharpe and the court's conclusion that freedom of expression and artistic merit include the production of material glorifying the violent sexual exploitation of children by adults.
Indeed the charter is not a perfect document. Certain fundamental rights such as property rights are not entrenched in the charter. As a result, under such legislation as the species at risk act the federal government would be able to legally expropriate land and resources from Canadians without full, just and timely compensation.
Since the advent of the charter there is a growing reluctance on the part of politicians to advance legitimate political initiatives or substitute their political opinions for those of the courts.
While the charter of rights does allow parliament to temporarily overrule the decisions of the courts by the use of the notwithstanding clause, the hesitation of politicians to use this clause arises out of a concern that to do so would be seen as a failure to respect the constitution. As a result, politicians are simply accepting judgments that prefer the narrow interest of individuals even where these decisions are contrary to the interest of society as a whole. As parliamentarians we must continue to be watchful that the charter does not become a device that limits the effectiveness of democratic institutions including parliament.
As a nation we need to be mindful of the concern that in protecting our individual rights and freedoms we do not destroy our responsibility to nurture and protect broader societal values. Our ability to live together in a civilized society demands our continued vigilance.