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Historical essays about the canadian charter of rights and freedoms
Historical essays about the canadian charter of rights and freedoms
Essays canadas charter of rights and freedoms
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The Charter of Rights and Freedom is bill of rights that was added in Constitution of Canada. The Charter of Rights and freedom became a law on April 17th in 1982, and it was signed by Queen Elizabeth II. Firstly, The Charter of Rights and Freedoms has positive effects on Canadian society, for example people have more freedom. However, the Charter also has some negative effects for example judges were given the power to break the laws that does not apply on them. Furthermore, the “Charter of Rights and Freedoms” are important for multiculturalism in Canada. The Charter of Rights and Freedoms is important in Canadian society and has many positive and negative effects. Since 1982, the Charter of Rights and Freedoms shows ‘has had a positive effect’ …show more content…
positive influence on a Canadian Society. It gives constitutional status to the people. People have more freedom to do anything except the things that involve the violence or harming others. More laws were created based on rights that every person should have. The Charter made Canadian society more tolerant to the people that are not same as them. It made minority groups have more independence and equality. As the former prime minister of Canada Jean Chretien said, "the Charter makes everyone more comfortable as a citizen”. the Charter helped people from all of the world that settled in Canada feel their importance and consider themselves as a Canadian. Also, the Charter made Canada to be an example of the modern multicultural community for the whole world. Charter of Rights and Freedoms, however it is not perfect.
It has negative influence on a society. After its creation in 1982, the Charter of Rights and Freedoms has brought many negative influences to society. Even if it has a lot of good influence, the fact that charter has negative influence is true. Courts spend most of the time on solving the problem that involves people’s rights and because of that, they have no time to solve the things that are really more important. In other words, courts spend most of the time on social problems. Anti-discrimination laws do not apply to white people, for example if someone discriminates against afro-american people or other minority groups it is crime, but if there will be discrimination against white it is not crime, it caused many discriminations against white skinned people. Same sex marriages were allowed based on human rights that everyone should have, it made huge amount of same sex marriages in Canada and it damages the feeling of religious people in Canada. Marijuana was legalised in medical uses, so the government grew it and provides the drug, it made more and more people to use it in Canada. Estimated marijuana users in Canada are 2.3 billion people, it shows that it is more than average in other countries. It is bad impact of the Charter of Rights. Laws became softer for the people who commit the crime, because they have rights, they are treated very well in prison and even though victim suffered very much the charter
saves them from the death punishments. The Charter of Rights also made private health care prohibited, so it will be more complicated for the people to find better private health care centres because of the charter. Since the Charter of Rights and Freedom was created it has had an important role for multiculturalism in Canada. It became one of the important laws for the people from other countries. Charter of Rights and Freedom make Canada multicultural country because it protects everyone’s rights, made everyone be equal and provide freedom of speech to everybody who decides to move to Canada. It helped people to find themselves in Canada, it also helped them to feel as in their own home. In conclusion, the Charter of Rights and Freedom has had a positive influence on Canadian society that has changed people’s way of treating the minority groups and made people feel more equality. However, it also had some negative influence such as judges taking too much power. The charter became very important law in Canada that brought every Canadian together and makes community that other countries could not even dream of.
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.
The bill of Rights restricts, guarantes and establishes. It restricts unauthorised taxing without the Parliments approvial, gaurantees that the people will have rights and liberties and establishes england as a monarchy. Both events are crutial to the devolopment of democray. During the Age of reason European thinkers were confident humans could help make a better world, this was from mid-1600s to late 1700s. Also in this time period theres a time known as the scientific revolution. For example there was a man named Galileo in Italy and he corroborated the findings an astronomer named copernicus found by usings a telescope . another example is of a man named Issac Newton and he descovered the laws of planetary motion, invented calculus and explained gravity. Some of a few enlightnment thinkers are John Locke, Baron de Montesquieu and Jean-Jacques Rousseau. John Locke believed in natural law and this is something that is timeless and was here before any king had power. natural law is discovered by using reason for example theft and murder is naturally wrong and people know this and thats why its called natural
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 ... ...
The Charter of Rights and Freedoms is the strong foundation for the diverse country of Canada. They uphold various beliefs and values Canadians may have. Under the constitution in 1982, the CRF (Charter of Rights and Freedoms) was entrenched by then Prime Minister Trudeau. The CRF has 4 rights; Equality, legal, democratic and mobility, there is also 4 freedoms; of Conscience and Religion, of thought, belief, expression and media, of peaceful assembly, and Association. If people feel that their right and/or freedom has been violated, they can go to court by using a “Charter Challenge. ” A charter challenge is when something inequitable or unfair has been done, the citizen can pursue the court case stating that something violated their rights and/or freedoms. All the rights and freedoms help
"Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.
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.
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 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 Free Speech Movement (FSM) at the University of California at Berkeley started during the fall of 1964. (Freeman, Jo) But there were many events leading up to this point. The Free Speech Movement began to obtain momentum in the fall of 1963 and the spring of 1964 the Bay Area was rocked with the civil rights demonstrations against employers who practiced racial discrimination. (Freeman, Jo) These students believed that this was wrong and felt the need to do something about it. So many Berkeley students were recruited for these protests from Bancroft and Telegraph which where the companies that were racial discriminating against races and groups of people.(Freeman, Jo) With these protest there were many arrest made of Berkeley students there were about 500 arrests made over several months. (Freeman, Jo)
Freedom is having the right to own, act, think, and speak without any restrictions from the outside. Ever since the New World was discovered, people have been fighting for their independence till this day. People of other colors and race have been forced to do labor without their consent. Today, those same people have been blamed or accused of crimes that were not committed by them despite of being free. Freedom has different meanings and those meanings change overtime; however sometimes the significance of freedom does not change.
A Comparison on the Implications of Negative and Positive Freedom for the Relationship between the Individual and the State