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Essays canadas charter of rights and freedoms
Canadian Charter of Rights
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The Canadian Charter of Rights and Freedom is a component of the Constitution in Canada. The Constitution is the supreme law of Canada, it sets forth the fundamental rules and principles that govern the country. The Charter is more specialized with various sections that were created because Canadians believe them to be essential in a liberated and democratic society. Since it is part of the Constitution, the explicit rights and freedoms are guaranteed to all Canadians. There are a few exceptions such as the right to vote, the right to enter and leave the country that are only for citizens. However any newcomer that enters the country falls under the shade from the majestic umbrella known as the Canadian Charter of Rights and Freedoms. There …show more content…
Moreover, the Charter promises the citizens and newcomers are liable to candid protection and benefits regardless of their race, nationality/ethnicity, age, religion, and colour. This is known as Social Equality as defined in Section 15 subsection 1. Subsection 2 says, we must give higher priority to the ones in need so that they can relish hearty and salubrious lives. Social Equity is derived from the idea of justice; it claims the only path to an unprejudiced society is aiding the ones who are truly in need of our help. This section also grants certain laws or programs that assist the deprived in our community. Programs that try to relinquish the thirst from the underprivileged are favoured under subsection 2. These programs include but are not limited to bettering the employment opportunities for women, improving the state of Aboriginal reserves, aiding people who have any mental or physical disabilities. Helping the minorities through awards such as the Brock University Emerging Market Entrance Awards, which rewards students ranging from $1000 – $4000 for Students if their home country is Colombia, Ghana, India, Mexico, Nigeria, Russia, Turkey, Ukraine or
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.
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.
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. 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.
The English Bill of Rights is an Act of the Parliament of England that deals with constitutional matters and sets out certain basic civil rights. This constitution was passed on December 16, 1689.The Bill was passed to declare laws and liberties of the people. Also the people wanted separation of powers and limits the of power to the king and queen. It guarantees the rights of enhancing the democratic election and to get more freedom of speech. No armies should be raised in peacetime, no taxes can be levied, without the authority of parliament. Laws should not be dispensed with, or suspended, without the consent of parliament and no excessive fines should imposed, nor cruel and unusual punishments inflicted. King James the 2nd, had abused his
In conclusion, Canada is held strong with the Charter of Rights and Freedoms. As citizens know their rights and freedoms they can help change the shape of Canada by Charter Challenges. Changes move
"Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.
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.
According to Thomas Jefferson, all men are created equal with certain unalienable rights. Unalienable rights are rights given to the people by their Creator rather than by government. These rights are inseparable from us and can’t be altered, denied, nullified or taken away by any government, except in extremely rare circumstances in which the government can take action against a particular right as long as it is in favor of the people’s safety. The Declaration of Independence of the United States of America mentions three examples of unalienable rights: “Life, Liberty and the pursuit of Happiness”. I believe these rights, since they are acquired by every human being from the day they are conceived, should always be respected, but being realistic, most of the time, the government intervenes and either diminishes or
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.
A Constitution is document that states how a country is made. The growth of Canada can be interpreted through the Canadian Constitution, because the Constitution states the equal rights and freedoms of all Canadians, equal distribution of legislative powers, convenient education, and legal stability and accurate predictability. The Canadian Constitution is a very efficient way of looking at the laws and the maintenance of the country, because it describes the structure of Canada, it provides very well legal stability and predictability and the Constitution is very important for Canadians. The Canadian Constitution plays an effective role of determining the structure of Canada, its stability and predictability of laws and the rights and freedoms of Canadians.
...I truly think that the Charter of Rights and Freedoms has paved a path for creating a free and democratic Canada and I believe it will create Canada as the greatest democratic nation.
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:
The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary to render regulations and statutes at both the federal and provincial levels of government unconstitutional. Although the rights and freedoms of Canadians are guaranteed, Sections one and seven of the Charter permit the federal and provincial governments to limit the rights and freedoms enjoyed by Canadians. Section one of the Charter designated ‘Rights and freedoms in Canada’ states “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This section is frequently referred to and better known as the reasonable limits clause. The second rights and freedoms limiting section of the Charter, known as the ‘notwithstanding clause’ is Section thirty-three entitled ‘Exception where express declaration’ declares
The Declaration of Independence, written by Thomas Jefferson (with the help of Benjamin Franklin, John Adams, as well as many others), was signed on July 1st, 1776 in Philadelphia. Thomas Jefferson wrote the Declaration of Independence to appeal to the British Parliament and King and explain why the American Colonies wanted independence from England. Thomas Jefferson and the other delegates from the Second Continental Congress agreed that, “all men are created equal, that they are endowed by their creator certain unalienable rights” (p. 112) which became the base for nearly all of the points made in the document. Logical and emotional statements were used throughout the document to make impactful statements that would convince the audience of the seriousness of the matters they were presenting.
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...