Socio-Economic Rights Under the Canadian Charter

Abstract

While the Canadian Charter of Rights and Freedoms does not mention socio-economic rights explicitly, the language of the Charter – particularly sections 7 and 15 – offers a firm foundation for constitutional protection for economic, social and cultural rights. The author argues that, considering the historical expectations of rights holders; the Charter's open-ended and expansive wording; its balancing of individual rights and collective values; the important interpretive role of the International Covenant on Economic, Social and Cultural Rights in determining the scope of rights and governments' responsibilities; and the broad range of remedies available for Charter violations, there is no reason why the Canadian courts should not play an active role in safeguarding socio-economic rights in Canada.