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Essays on the Canadian Constitution of 1982
Essays on the Canadian Constitution of 1982
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Privacy Part 1
From my point of view, the Canadian Constitution affords the right to privacy indirectly and it helps to protect privacy in different ways. According to my research of the Canadian Constitution, there are some changes happened to the Constitution in 1982. Before the changes take place, for example, it says “Everyone has the right to be secure against unreasonable search or seizure”. According to this statement, only those actions which really damage people’s property will be considered as illegal. Therefore, Privacy will also be considered as a part of people’s property. However, this statement is not documented in the Constitution and if it is necessary to be used in the court, it will be decided by the judgment. Because of the uncertainty of the usage of such statement, people’s privacy is not protected by the law. After 1982, privacy is the most important in the part of “unreasonable search or seizure” in the Canadian Constitution.
Compared with the Canadian Constitution, the “The United Nations Agreements on Human Rights” has state the right to privacy in a more directly manner. The agreement states that “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to unlawful attacks on his honor and reputation.” It has a much more clear definition of what it is protected and definitely privacy is included in it.
Privacy Part 2
I disagree with the statement “Those who have nothing to hide have nothing to fear”. From privacy’s perspective, this statement can also be described as “if we do not have a secret, we do not fear about anything”. From my point of view, there is not a necessary relationship between “do not have a secret” and “have nothing to...
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...r the war because he is injured in the war, will he be recorded as a part of the “dead civilian”? Finally, there are probably political reasons. Different country may provide different statistics because of they think the real data may have an effect on their image. If this happens, we have to rely on other statistic institutions and we don’t know whether their data is reliable.
In conclusion, the data given by our course website is not so reliable because there are so many reasons that the statistics are not recorded correctly. Also, this should be a roughly estimated data because all the percentages shown are multiple of ten.
References:
Royal Canadian Mounted Police. (2010). Identity theft and identity fraud. Available at http://www.rcmp-grc.gc.ca/scams-fraudes/id-theft-vol-eng.htm
Wiktionary(2013) available at http://en.wiktionary.org/wiki/secret
Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.
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.
Individual rights play a major role in the Canadian constitution. The constitution Act, 1982 comprises seven components, four of the seven components of the Constitution Act, 1982, have a consequential role because they deal directly with the rights of citizens. The Canadian Charter of Rights and Freedoms became a fundamental part of the constitution when the Constitution was patriated in 1982. The Charter takes priority over other legislation because it is “entrenched” in the Constitution, it assures citizens of Canada fundamental freedoms, democratic rights, the right to move from one province or territory to another in Canada, legal, equality and language rights, and Aboriginal rights (section 1-34). The Charter additionally defends the individual and determines fairness during legal matters and especially in illegal situations. Canadians are secure against stubborn searches and seizures, and against police utilizing exorbitant force, even when a search or seizure is sanctioned by law. Citizens of Canada ...
Throughout the years, many people have known that the right to privacy is not mentioned in the Constitution. The Supreme Court has confirmed that there are several amendments to create this right. One of the most known Amendments that have to do with the right to privacy is the Fourth Amendment. This amendment does not allow the police to or any other government agents to search us or our property. The only thing that could allow them to “invade” our privacy is if they have a “warrant”. There are many other amendments that involve privacy. (Union, 2003)
Right to privacy is meant to protect us all. Without invading personal lives, the laws are in place. When people are being felt violated that when they know the right to privacy has been invaded as well. This man, Jonathan Franzen has said about his feeling of privacy; “One of my neighbors in the apartment building across the street spends a lot of time at her mirror examining her pores, and I can see her doing it, just as she can undoubtedly see me sometimes. But our respective privacies remain intact as long as neither of us feels seen.” Privacy is not a concern if people feel safe with their surroundings. There are also people feel that their right to privacy is violated for the most random issues. (Right to Privacy)
Individuals are born with certain liberty and freedom. Some freedom are being protected by the Bill of Rights, like freedom of religion, speech, press, and assembly, and some are not. Privacy is one of the rights that was not mention in the Constitution. The definition of the right to privacy is the right to be left alone without government’s intrusion. Throughout history the Supreme Court has been ruling in favor of the right to privacy like in the cases of Griswold v. Connecticut, Roe v. Wade, and Lawrence v. Texas. People who believe that the Constitution should be taken literally protest that this is an act of judicial activism, or judiciary misuse of political power to implement their own opinion on federal laws. Then there are those who believe that the judiciary pursuit justice when protecting individual’s the right to privacy. In this paper I will argue that the right to privacy is an example of the judicial authority in pursuit of justice because it is inferred in the Constitution, it’s a just liberty, and it’s in the state of nature.
Section 7 of the Charter of Rights and Freedoms states that each Canadian has a fundamental right to life, liberty, and security of person. Some would argue that the
The charter of Rights and Freedoms (the constitution) protects basic rights and freedoms which are essential to keeping Canada a loose and democratic society. It guarantees that the authorities, or all people acting on its behalf, doesn’t dispose of or intrude with those rights or freedoms unreasonably. it's far a powerful pressure for development, protection, compassion and fairness with the strength to influence our society by way of decoding legal guidelines and guidelines.
Since 1948, the Canadian government had decided to pursue Universal human rights making it a huge part of Canadian law. At this point there are four different systems to protect human rights in Canada, these include the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Human Rights Commission, and provincial human rights laws and commissions. Human rights in canada did not create a lot of argument amongst human rights as it did in other countries. Most canadians had the idea of Canada being a strong Advocate and positive model of Human Rights for the rest of the world, an example of this is in 2005, Canada was the fourth country to legalize same-sex marriage worldwide, this was possible with the Civil Marriage
The Charter rights and freedoms are critically important to all Canadians. This allows Canadians to live a fulfilling life without fear or judgement. These rights and freedoms create peace within a nation and promote equality. This is crucial in creating a successful nation and society with morals. These are all morals that all citizens should abide to, to create order within a country. These rights and freedoms allow citizens to be humanized without judgement. All of these rights and freedoms are important however, everyone can rate them differently.
When we think of privacy the first thing that pops into an individual’s head is normally independence, or the ability to do what one pleases without someone else controlling the situation. When it comes to the constitution a lot of the amendments have to do with privacy and what can or cannot happen when it comes to invading it. Some may not be familiar, but federalism is a very important fact when referring to privacy rights and the constitution. Currently, this country has a different way of working the federal system. Different laws are applied when it comes to state and the actual national government. Privacy in my eyes, is one of the most important pieces when it comes to rights of the people. Without the system that we have set
The right to privacy is not clearly stated in the Constitution. Some argue that because it doesn’t state “…the right of privacy from Government…” in the document like the freedom of speech, assembly, and so on that we don’t have a constitutional right to privacy. People will always have different options on an issue, however, disagreeing or not there are consequences for violating Human Rights. Citizens of the United States have a right to privacy from government intrusions, it is proclaimed in the fourth amendment and a number of Supreme Court rulings. In the technological world that we are in today, with almost all of our information being electronically stored, it is very important for every human to feel safe that their information is not being watched or stored somewhere else.
Government surveillance advocates disagree. They believe the surveillance activities should remain unnoticed and undetected from citizens and foreigners, hence the word surveillance. The government cannot reveal every activity, especially of the protection matter to the public. Furthermore, the good of the nation comes the good of individuals. Considerably, if you have nothing to hide, therefore, you have nothing to fear.
Although there is no specific protection of privacy in the Constitution, many people believe that the ninth amendment, which reads, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” is meant to protect the privacy of the home (Beeman 70). In his Griswold concurrence, Justice Goldberg stated:
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.