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Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The canadian charter of rights and freedoms essay
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In addition to Canadian peacekeeping missions, the establishment of freedom and charter of right further lead to changes in Canadians society and legal court. The main purpose of the charter of rights is to “Protect minorities from preliminary majorities”(The Canadian Encyclopedia). By ensuring protections and releasing the pressure of minorities, the economic, social, and political opportunities between different ethical citizens are enhanced. After the charter was proposed, an amending formula states it requires “at least 50%” consents of Canadian citizens instead of a request from a specific group(The Canadian Encyclopedia). Canadian governments also surveyed 300 Canadians about their ideology of the previous legal system in order to construct
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.
There was a short time where all was calm right after the civil war. king charles the second and his father were both dead so Charles brother took over. this is king James the secondf and he was a Catholic sao he appointed many high positions in the government. Most of his sibjects were protestant and did not like the idea of Catholicism being the religion theyd have to abide by. like his father and brother king james the second ignored the peoples wishes and ruled without Parliament and relied on royal power. an English Protestant leader wanted to take the power away from james and give it to his daughter Mary and Her husband William from the Netherlands. William saled out to the south of england with his troops but sent them away soon after they landed
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.
The Canadian Charter of Rights and Freedoms was implemented 1982 has been essential in providing justice for all Canadian citizens. Countless amounts of cases have been decided to create the Charter that is well known in today’s society. Sharon Turpin and Latif Siddiqui were accused of first degree murder and according to the law, the trial was supposed to be tried by a judge and jury. The accused demanded a trial by judge alone because they believed that they were entitled to such a right. The R. v. Turpin case was a significant case that was tough to decide upon because there were many violations of different statutes such as the Canadian Charter of Rights and Freedoms, and the Criminal
"Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.
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.
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.
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 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
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
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?
‘’That violates my rights!’’ In Canadian society, this statement is often considered when individual citizens feel that they have been wronged in some way. Perhaps after a crime has been committed or when someone feels personally violated. In some cases, this is true. As Canadians we all have rights and freedoms granted to us because of a document that was enacted in 1982, the Canadian Charter of Rights and Freedoms; it grants Canadian citizens individual rights, but to what extend? We have Fundamental Freedoms given to us by the Charter which includes: Democratic Rights, Mobility Rights, Legal Rights and Equality Rights. These rights apply to all Canadian citizens from coast to coast.