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Bill C-388

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2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-388

An act to establish a Canadian Charter of Duties and Responsibilities

Preamble

Whereas the Canadian Charter of Rights and Freedoms recognizes certain rights and freedoms for every person;

Whereas it is impossible for a civilized society to exist unless the citizens of that society recognize that their rights and freedoms are dependent upon the fulfilment of their duties and responsibilities;

And Whereas the existence of these facts justifies the establishment of a Charter of Canadian's duties and responsibilities toward Canada and toward Canadian society;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1. This Act may be cited as the Canadian Charter of Duties and Responsibilities.

Duties and Responsibilities

Duties and responsibilitie s

2. Every Canadian citizen and every permanent resident of Canada has the duty and the responsibility;

    (a) to contribute to the defence of Canada from attack, whether by a foreign power or by insurrection from within;

    (b) to abide by the Constitution of Canada, to respect, comply with and uphold the laws of Canada and to obey and assist the authorities who enforce those laws;

    (c) to render assistance in cases of emergency or calamity or in circumstances that are likely to endanger the existence or well-being of all or part of the population of Canada;

    (d) to responsibly exercise his or her rights and freedoms as an individual while having due regard for, and without restricting, the rights and freedoms of others;

    (e) to vote in elections and referendums and to participate in civic affairs, within the limits and conditions established by law;

    (f) to pay his or her fair share of taxes, within the limits and conditions established by law;

    (g) to receive education and training under the conditions and in the manner provided by law, in order to meet his or her personal obligations to family, to the community and to society as a whole;

    (h) to provide the necessities of life to his or her children and to educate and protect them until they are adults;

    (i) to bear financial responsibility for crimes committed by his or her children that are the result of inadequate parental control and supervision;

    (j) to support and protect his or her parents in case of need and to the extent of his or her means, particularly when his or her parents are old or unable to work;

    (k) to assist and support other members of his or her family in case of need, to the extent of his or her means;

    (l) to do his or her fair share for society and to not take advantage of other people or of the State;

    (m) to endeavour to meet his or her own needs before taking advantage of any program, grant or loan supplied by government;

    (n) to work in accordance with his or her capacity to do so, and to not apply for assistance from government until he or she is destitute and unable to work because of disability, age or ill-health, and when no support is available from family, private charities and non-governmental organizations;

    (o) to comply with a personal code of conduct, behaviour and lifestyle that will not cause him or her to become a burden to his or her family, to the community or to society as a whole; and

    (p) to respect the rights and freedoms of others, and to conduct himself or herself in an honest and fair manner so as to contribute to the well-being of his or her family, community or province, and Canadian society as a whole.

Entitlement to Remedies and Benefits

Entitlement to remedies and benefits

3. No Canadian citizen or permanent resident of Canada is entitled to receive

    (a) any remedy pursuant to the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act, or

    (b) any loan, grant, benefit, pension, financial assistance or other assistance provided directly or indirectly, in whole or in part, by Her Majesty in Right of Canada or any agent of Her Majesty in Right of Canada

until he or she has signed a statement, in a form approved by the Governor in Council, setting out the duties and responsibilities mentioned in section 2 of this Act and stating that the person signing the statement has complied, and intends to comply, with those duties and responsibilities.

Legislation Referred

Legislation referred

4. (1) Every Act of the Parliament of Canada, and every regulation made pursuant to an Act of the Parliament of Canada, stands referred to a committee of Parliament, which Parliament shall designate for the purpose, to be examined for compatibility with the principles set out in this Act.

(2) The committee mentioned in subsection (1) shall report to Parliament, at times set by Parliament by means of resolution, as to whether Acts and regulations referred to it are compatible with the principles set out in this Act and, in case of incompatibility, recommending actions to correct the incompatibility.

Penalties

Offence

5. Every person who makes a wilful misrepresentation in a statement mentioned in section 3 is guilty of a summary conviction offence.

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