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Canadian Charter of Rights and Freedoms word for word
Canadian Charter of Rights and Freedoms word for word
The canadian charter of rights and freedoms essay
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Canada might only be 148 years old, but its origin of law can be traced back nearly centuries ago. The rule of law dates back to 1215, when King John, in England, issued the Magna Carta. Magna Carta was essentially a document about judicial procedures. The rule of law is intended to be equal and protect individuals and that no one person is above the law. All persons are compelled, obligated, and liable by the law and are entitled to be protected by the very same law. Having ties with England over the course of history, Canada as adopted many standard principles from the English system. Along with the Magna Carta and other documents, the rule of law became the foundation of English law, which also laid the foundation for the Canadian (English-speaking) …show more content…
Influences from the English system and the Magna Carta can be seen in the Canadian Charter of Rights and Freedoms. The Canadian Charter of Rights and Freedoms is the primary law of the land and guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crimes (Griffiths, 6). These rights and freedoms are outlined by Canadians, which believe is necessary in a free and democratic society. More so, the charter recognizes primary fundamental freedoms (e.g. freedom of expression and of association), democratic rights (e.g. the right to vote), mobility rights (e.g. the right to live anywhere in Canada), legal rights (e.g. the right to life, liberty and security of the person) and equality …show more content…
This force was created largely due to conflicts in the past as well as present day between the police and Aboriginal peoples. First Nations communities can negotiate agreements with other police forces such as the RCMP and OPP to meet basic needs for their communities. The province and territories along with the federal government usually split the cost of funding for the First Nations Police force. There are 3 major Aboriginal police forces in Canada, the Six Nations Police Service in Ontario, the Amerindian Police in Québec, and the Dakota Ojibway Police Service in
Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and freedoms to some extent depending on the situation.
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 ... ...
"Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.
The three most significant events, people or person who influenced Canadian law in Canada in my opinion are Magna Carta, St. Thomas Aquinas, and Napoleon. Magna Carta has a major influence on the Canadian legal system. The rule of law is derived from the Magna Carta and it is the fundamental principle of Canadian law. “Everyone is equal and no one is above or superior to anyone else.” The Law was originally used in the Carta, and is now used in Canada's legal system today. St. Thomas Aquinas greatly influenced the Canadian legal system because be still use some laws in our legal system that were used back them like how suspects are still tried In front of grand jury, trials are still open to the public and how you must swear an oath when in
The history between the British Empire and its dominions always was significantly distinguished through the strong ties which people connected to the mother-country of Britain. However, as always in history changes were about to happen as each dominion urged to become more and more independent. The end of this process is marked by the Statute of Westminster passed in 1931 which granted the former dominions full legal freedom and established legislative equality between the now self-governing dominions of the British Empire. Therefore, the Statute of Westminster is one of the most remarkable acts in Canadian history as it set the road to the development of Canada in which we live today.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
"Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.
Philosophers, for several years have made a large impact within Canadian law by engaging in the study of the basic nature of knowledge, reality and existence. Aristotle, one of the philosophers who has made a major influence on Canadian law studied and created the main purpose of law known as just acts. As well, Plato was another philosopher who affected Canadian law through reflecting endless truths and virtues. St. Thomas Aquinas also had significance within Canadian law by believing that the main purpose of human law was being virtuous. Aristotle, Plato, and St.Thomas Aquinas were the most influential legal philosophers in Canadian law because they created the elements of just acts, eternal truths and virtues which are present in Canadian law and the virtuous existence of human laws.
What principles and ideals lie at the heart of a free democratic society? Canadians take pride in their country’s values of tolerance, inclusion, and respect, and over Canada’s guaranteed freedom of expression, including the right to vote (Thevenard & Orend, 2015). In democratic Canada, “all eligible citizens have the right to participate, either directly or indirectly, in making the decisions that affect them” ("Democracy Defined"). Voting, in essence, ensures all citizens receive an equal opportunity to express their views by selecting and supporting a political party of their choice. Such an approach provides freedom of expression for all eligible citizens, allowing for the political party with the most votes to take over the ruling.
It is the belief of first nations that the healing process and renewal of relationships are the essential ingredients for the building of healthy First Nations communities. First nations realize that the current justice process does not address the real issues at hand nor does it fit into their traditional forms of achieving justice. In fact, the current justice process systematically removes the offenders from their people and communities effectively severing all ties and ...
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.
Policing any community will have many challenges, but policing alongside a Native American tribe can add additional challenges other areas may not experience. In the past Native Americans have had problems with the U.S. government seriously and repeatedly disregarded Indian rights that were guaranteed in the form of binding treaties. To Native American’s police officers have been a symbol of rigid and authoritarian governmental control. They view the justice system as not to be trusted because of the breaches of treaties and contracts.
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...
Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?
Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. Web.