Article 4 establishes that working for a wage that is significantly lower than the wage required to meet the minimum standard of living for a country would be considered unethical and dehumanizing. Article 23 proposes that everyone has the right to work and that a job should be freely chosen, and that everyone should receive equal pay for equal work, and that there should be fair remuneration for the work done that would guarantee a dignified life for the worker and their families. Labor rights can thus be construed as human rights, according to the UDHR. .
In order to uphold some of these stipulations, Canada must then support a capitalistic economy and free trade market. Additionally, the right to form and participate in trade unions is also included in this clause. The 1982 Charter of Rights and Freedoms sets the foundation for labor rights in Canada. The Charter is broad in its scope and addresses freedoms not only pertaining to employee rights, but also other religious and civic concerns. Section 15 of the Charter sets the basis for labor rights by asserting that individuals have the right to equality before and under the law. The section states that individuals cannot be discriminated on the basis of factors such as race, national origin, colour, religion, sex, age, or disability status. Further, the provision allows for laws, such as affirmative action programs, that would attempt to compensate for systemic disadvantages that prevent protected groups from receiving equality before the law. In recognizing the freedoms of the individuals as well as the right of individuals to remain free from discrimination, the Charter establishes the principles upon which labor protections are based.
The extension of the Charter to incorporate employee rights can be understood by evaluating the relationship between the federal charter and its application at the provincial level. As Section 32 states, the Charter applies to both Parliament and the government of Canada.
