What is Section 27 of the Charter?
Answer
The interpretive clause directing courts to read the Charter consistently with the preservation and enhancement of the multicultural heritage of Canadians.
Explanation
Section 27 of the Canadian Charter of Rights and Freedoms is an interpretive provision concerning multiculturalism. The full text reads: 'This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians'. Section 27 does not create substantive rights; it directs how the rest of the Charter should be read. Its constitutional partner is the Canadian Multiculturalism Act of 1988, which gave statutory force to Canada's 1971 federal multiculturalism policy.
Section 27 has been invoked in many religious-freedom and equality cases. R. v. Big M Drug Mart (1985) cited section 27 in striking down the federal Lord's Day Act. R. v. Edwards Books and Art (1986) cited section 27 in considering Sunday-closing laws. Multani v. Commission scolaire Marguerite-Bourgeoys (2006) drew on section 27 in upholding the right of a Sikh student to wear a kirpan to school. Saskatchewan Federation of Labour v. Saskatchewan (2015) and Mounted Police Association of Ontario v. Canada (2015) drew on section 27 in interpreting freedom of association.
Multiculturalism became official Canadian federal policy on October 8, 1971, when Prime Minister Pierre Trudeau announced it in the House of Commons. Canada was the first country in the world to adopt multiculturalism as official government policy. The Canadian Multiculturalism Act of 1988 gave the policy statutory force and required all federal departments to take multicultural diversity into account in policy development. Section 27 of the Charter, in force since 1982, constitutionalises the interpretive principle.
Multiculturalism in Canadian law works alongside (rather than against) official bilingualism. The Constitution Act, 1867, sections 16 to 23 of the Charter, the Official Languages Act of 1969 (modernised in 2023), and provincial language regimes structure the bilingual framework. The Canadian Multiculturalism Act and section 27 add a recognition that Canadian society comprises many cultural communities beyond the two founding settler societies and First Peoples. Statistics Canada reported in the 2021 census that more than 450 distinct ethnic and cultural origins are represented in Canada and that more than one in five Canadians is foreign-born.
Why this matters for your test
Section 27 ties multiculturalism to Charter interpretation. Recognising it as an interpretive provision (not a source of substantive rights) and its link to the 1988 Canadian Multiculturalism Act gives candidates a precise structural answer.
Source: Canadian Charter of Rights and Freedoms, s. 27; Canadian Multiculturalism Act, R.S.C. 1985, c. 24 (4th Supp.)
