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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
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 ... ...
In the year 1957, Canada elected its first Prime minister without English or French root, John Diefenbaker. While growing up in the city of Toronto, because of his German name, he was often teased. [1] He grew up as an outcast, and so he was able to relate to the discrimination and inequality many of the minorities in Canada felt. This essay will attempt to answer the question: To what extent did Prime Minister John Diefenbaker help promote equality to the minority communities. . The minorities in this time period were the women, aboriginals, and immigrants. During his time as the Prime Minister, he was able to help protect the rights of this group because many of their rights were being abused by the society. Diefenbaker also helped the minorities to stand up for themselves and other groups. Diefenbaker was able to bring positive change to the minority communities by making an official Bill of Rights and appointing people of discriminated groups to the parliament while other members did not.
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
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
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:
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 Canadian Charter of Rights and Freedoms(CCORAF) Guarantees a Free and Democratic Society The Charter of Rights and Freedoms upholds the individual rights of all Canadians. Agree or disagree with the following statement. The Charter is part of Canada’s constitution; the highest law of Canada, which sets out the framework for how Canada is to be governed. The CCORAF sets out those rights and freedoms that Canadians feel are necessary to maintain Canada as a free and democratic community.
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.
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
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,
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.