Some rights are better than others

Rights do not mystically exist in the ether of the universe. They are not inherent, but rather the creation of human beings. We discuss, debate, and bestow rights upon each other. Some believe in certain rights that others do not believe in. Like gay marriage, eh.

Just so, says the Charter of Rights and Freedoms.

Canada's untouchable, absolute creations include: Democratic rights (voting and running for office, even if you're a convict, say), mobility (allowing citizens to leave or enter Canada, as well as move to any province), and lots of two-official-language language. In addition, aboriginals and women are guaranteed equal rights. Period.

Other rights are negotiable. That is, the notwithstanding clause can be used to opt out. Like gay marriage, eh.

What can politicians haggle over? Three sections of stuff, and the first is fundamental freedoms. Those are freedom of conscience and religion; thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association.

Next, legal rights -- things like "the right to be secure against unreasonable search or seizure" and the "right not to be arbitrarily detained or imprisoned."

And, of course, equality rights, which ban discrimination based on disability and nationality and sexual orientation and religion.

So -- the essential versus the non-essential, Canadian style. Like gay marriage, eh.