They are the main pillars of the constitutional protection from being denied the basic requirements of a dignified life. They have been fundamental rights for a generation of Canadians. During these hearings, the Committee will have heard the view that it is unnecessary to impose national standards on provincial governments. In our view, it is important to distinguish jurisdictional questions from questions about fundamental human rights. It is worth reminding ourselves of the reason we have, over the last generation in Canada and in most other democratic countries, put in place human rights which are binding on all levels of government.
Human rights are fundamental to making democracy work for all citizens.
Without human rights protections, the needs and interests of the most vulnerable and disadvantaged members of society are likely to be ignored or misunderstood, in large part because members of those groups are unlikely to be in positions of power in society. Human rights act as a corrective to the marginalization of disadvantaged groups. They give disadvantaged groups a way of having their voice heard and their interests protected, even when the majority of voters may be hostile to them or hold prejudicial or discriminatory attitudes. A number of courts in Canada have recognized that poor people and those relying on social assistance programs are very much in need of protection from discrimination, both from discriminatory public attitudes and from government policy which may ignore their interests or violate their rights. They have, in several court decisions, been recognized by the courts as being analogous to other historically disadvantaged groups and therefore protected from discrimination under section 15 of the Canadian Charter of Rights.