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Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
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OPINION ESSAY
WITH THE RIGHTS AND FREEDOMS CANADIANS ARE GUARANTEED, FULFILLING CITIZENSHIP RESPONSIBILITIES SHOULD BE EXPECTED OF ALL CANADIANS. As Canadians we enjoy abundant amounts of rights and freedoms. All genders, religions, and races are guaranteed to receive equal treatment. We enjoy a democratic democracy, involving all citizens. If arrested, we are given a fair trial, and assumed innocent until proven guilty. Given all the rights and freedoms a few responsibilties are really not much to ask.
From its very creation, the Canadian Charter of Rights and Freedoms was a way to further develop Canada’s separate identity from Great Britain. It also helped to entrench the rights of Canadian citizens into the law. Created by the government of Canada, but with lots of input from other citizens, the Charter was very much a group effort. In 1980, Women, Aboriginals, those in ethnical and cultural minority, and people with disabilities alike presented over 300 persentations. Together
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The Canadian Charter of Rights and Freedoms is a document made for the people, and its liability is in the hands of the people. The charter stresses our right to equality, freedom, and democracy. The Lord’s Day Act, gave businesses the freedom to open and close whenever they wanted. Before the act, stores and other businesses were forced to close for Christian purposes on Sundays. Thanks to the Lord’s Day Act, Canadians are no longer forced to act upon the guidelines of any religion. However, they still have the freedom to follow such religious guidelines as long as they do not harm or otherwise harass others. In order to live a quality of life where you are not treated differently based on race, religion, gender, ethnic origin, etc. is up to the everyday citizens. By treating others with respect, they will treat you the same. So, this responsibility can also be easily transformed into a
The Canadian government only protects 18 out of 30 rights in the Universal Declaration and other important rights are ignored. For example, in article 26 of the Universal Declaration, it states that everyone has the right to education. This law is not included in the Charter but I think it is very im...
Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist. COMPARISON OF BILL OF RIGHTS AND THE CANADIAN CHARTER... ... middle of paper ... ...
The Charter of Rights and Freedoms, 1982 symbolized a new era for Canada. Championed by Pierre Elliot Trudeau, the charter entrenched the fundamental rights and freedoms of Canadian society, and allowed for those rights to be enforced by any individual should they be infringed upon. The enactment of the Charter of Rights and Freedoms illustrates yet another shift from traditional Westminster style of governance, and created a new political atmosphere. The notion of Parliamentary supremacy has shifted to accommodate constitutional supremacy, where two institutions must work together to balance the will of the elected and the language of the charter. Constitutions, the most basic of political institutions, have the power to affect politics, by defining the rules of the political sphere. Though Parliament remains supreme, the Charter of Rights and Freedoms has empowered the judiciary with the ability to interpret it broadly and settle major questions of public policy, something the Bill of Rights, 1960 could never really achieve. The charter has in effect, given the judiciary a quasi-legislative authority.
MacDonnell, Vanessa A. "The Protective Function And Section 7 Of The Canadian Charter Of Rights And Freedoms." Review Of Constitutional Studies 17.1 (2012): 53-85. Academic Search Complete. Web. 16 Nov. 2013.
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is How effectively does Canada’s Charter of Rights and Freedoms protect your individual rights? . To exactly know how effectively it protects your rights you can look at situations where it has protected and has not protected the rights of Canadians. The Charter of Rights and Freedom protects legal rights of Canadian whether they are a teenager or an adult, protects equality rights of Canadian and provides government services to all Canadians no matter what, ensures all laws are passed according to the Charter of Rights and Freedoms and provides equality rights and fundamental freedoms to Canadians for practicing their religion and other rights without interference.
The Canadian Charter of Rights and Freedom is a bill of rights included in the Constitution of Canada. It forms the first part of the Constitution Act,1982. The document includes pictures of the Canadian coast of arms, the flag of Canada, the Parliament Building, and the signature of the former Prime Minister Pierre Trudeau. The purpose of the Charter is to guarantees certain political rights to Canadian citizens. These rights include:
Different states have various ways of ruling and governing their political community. The way states rule reflects upon the political community and the extent of positive and negative liberty available to their citizens. Canada has come a long way to establishing successful rights and freedoms and is able to do so due to the consideration of the people. These rights and freedoms are illustrated through negative and positive liberties; negative liberty is “freedom from” and positive liberty is “freedom to”. A democracy, which is the style of governing utilized by Canada is one that is governed more so by the citizens and a state is a political community that is self-governing which establishes rules that are binding. The ‘Canadian Charter of Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
The federal and provincial government’s bona fide ability to implement bounds on the rights and freedoms enjoyed by the Citizens of this great nation is an absolute necessity. The confines permitted by the ‘reasonable limits clause,’ ‘notwithstanding clause’ and the need for increased powers in extreme circumstances demonstrate society’s inherent need for confines to prevent disorder and mayhem. If the governments were unable to invoke restraints, chaos and anarchy would prevail. However, the need to ensure that the limitations do not unreasonably infringe of rights and freedoms of Canadians is equally important. If governments began to continuously and unreasonably infringe the rights and freedoms, individual Canadians would become a communist state such as North Korea.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
The Charter created several constitutional protections for individuals, which apply to all laws and government. However, each right comes with a responsibility that all citizens need to enforce to their daily lives. If all Canadians are capable of taking
Written as the French Revolution was beginning, the “Declaration of the Rights of Man and of the Citizen”was drawn up by the National Assembly to solidify the principles of the revolution. It boldly stated to the king and nobility of France that the people would actively take their rightful freedom and equality. The Declaration also included the relatively novel idea of inalienable rights. And like all treatises written during times of turmoil, they have a historic background driving its creation.
Before the 19th Century, children were considered “small adults” and Children's Rights were therefore not manifestated or even contemplated. Nevertheless, with the foundation of the League of Nations after World War I, which provided the foundation for the United Nations, more attention was payed to minors within the new international system. Therefore, in 1924 the Geneva Declaration of the Rights of the Child1 defined in five points the fundamental rights of the child. The Declaration tried to ensure the necessities available to every child as the first point states that “The child must be given the means requisite for its normal development, both materially and spiritually;”2 which the following four points further expand on. However,
Numerous freedoms enjoyed by Americans today help protect human rights. They were created out of a passion that has led to the nation’s success. For example, various religious faiths have flourished within America. This freedom of religion is proven through the fact that
On November 20, 1959 the United Nations General Assembly unanimously adopted an expanded version of the Declaration of the Rights of the Child. It was originally drafted by Eglantyne Jebb in 1923 and in 1924, the League of Nations (LON) adopted the Geneva Declaration, a historic document that recognised and affirmed for the first time the existence of rights specific to children and the responsibility of adults towards children. The Declaration has 10 principles that universally recognizes children as human beings who must be treated equally and provided with education, health-care, and basic needs like nutrition and housing. I think the declaration of the rights of the child was put in place because children in the past had no rights and had no voice or say in their lives like the ``Seen and not heard``children in the novel Stuck Fast in Yesterday. They could be abused, exploited and made to work at a very young age as there were no rules.