The issue of "rights" has been prominent within the country of Canada for decades. Post World War Two, the discussion and debate surrounding the issue of "rights" became a more dominating issue and in combination with various other events led to the Constitution Act (1982), which included the Charter of Rights and Freedoms. The social and political conditions within the country at this time aided in the movement of this discussion surrounding "rights" and led the way for the individual and collective rights in Canada today. The Constitution Act (1982), was the result of social and economic conditions within Canada and set forth the current rights in Canada.
The United Nations Convention of 1948, after World War Two, was the beginning of
…show more content…
the discussion and debate surrounding the issue of "rights" in Canada. In this convention, Canada was a driving force and drafted the rights that were a result of the convention. This paved way for provinces, within Canada, to begin to look at their own rights and attempt to arrange them accordingly. With provinces now attempting to compile their own rights, Canada began to look at the rights at a national level. Twelve years after the United Nations Convention, which looked at global human rights, Canada created the Canadian Bill of Rights in 1960 which compiled the rights in Canada. Included were values which were presented in the law of Canada and its provinces however, it only applied to areas of federal jurisdiction. This created problems because as a federal statute it solely applied to federal law and could be changed as it was not a constitutional document. The Canadian Bill of Rights was a step in the right direction to address the "rights" issue in Canada, but it was not enough to secure the rights of Canadians. In Quebec during the 1960s and early 1970s, there was political unrest led by a group called the FLQ. This group was a nationalist group that advocated for the separation of Quebec from the rest of Canada. Throughout the history of Canada, there has always been conflict between the English and the French due to language and cultural differences between the two groups. However, during the October Crisis in Quebec, which broke out in 1970, the FLQ began kidnapping politicians and causing political unrest within the province, with most of these events taking place in the city of Montreal. Eventually, the military was forced to intervene, and martial law came into effect in accordance with the War Measures Act. This started a discussion and debate surrounding the issue of "rights", as due to the implication of the War Measures Act, martial law came into effect, which suspended democratic rights for the people of Quebec. Also, the issue surrounding the rights of the French people to use their language and express their culture was another thing that had to be discussed. This case of political unrest contributed to the issue of "rights" becoming a dominate issue in Canada. The Constitution Act (1982) was a result of Canada gaining the right to amend their constitution without having to seek approval from the United Kingdom. Although, this process was not without conflict, as Quebec refused to give their approval to the constitution. Many of the issues raised leading up to the Constitution Act (1982) created problems between the federal government and the provinces. Regardless, the Constitution Act (1982), contains in its first schedule, the Charter of Rights and Freedoms. This was different from the Bill of Rights as this was included in the Canadian constitution and applied to not only federal law, but provincial law too. Therefore, the Charter of Rights and Freedoms protected citizen's rights more efficiently than the Bill of Rights as due to the inclusion of it in the Canadian constitution it had to be followed and applied to all Canadians. In another part is, the Rights of the Aboriginal Peoples of Canada, the Aboriginal peoples' rights were not included in the Canadian Bill of Rights (1960). Therefore, the Constitution Act (1982), addressed the rights of the Aboriginal peoples which until this point had not been included in any statute or constitutional document. The Constitution Act (1982) and the Charter of Right, was the result of political and social conditions in Canada that called for a constitutional document outlining the rights of Canadians. In Canada today, the rights outlined in the Charter of Rights and Freedoms remains.
These rights include democratic, mobility, fundamental, and legal rights which apply to all Canadians. The democratic rights set forth in the Constitution Act (1982), allow citizens to vote in elections if they qualify in the region that they wish to cast their ballot. Also, rules are set for the government as they must hold legislature every twelve months and hold elections every five years. These rights are still valid today and are essential to running a democracy such as Canada. Mobility rights were also addressed within the Charter of Rights and Freedoms and guarantee that Canadians can leave the country and re-enter or move between provinces freely. This grants Canadians the right to choose which province they would like to live and work within and allow them to travel abroad. Some other rights outlined are fundamental rights which allow freedom of religion, expression, the press, and the ability to hold peaceful protests. Again, these rights are essential to a democracy as people should be free to express their opinion without fear of punishment and be able to freely choose their religion. Finally, in the Charter of Rights and Freedoms, legal rights are included. These rights involve the, "Life, Liberty, and Security of the Person" (McCormack and Bueckert 89), this allows people to make decisions freely without the government intervening regarding several issues, such as a person's health and body. In this section many rights pertain to the rights of an individual when being investigated or detained by law enforcement. According to the Constitution Act (1982), law enforcement must have reasonable grounds to conduct a search or seizure involving a citizen. When a person is in police custody they have the right to a lawyer, a fair and timely trial, the necessities of life, and their punishment cannot be harmful or demeaning. All these rights are contained within the
Constitution Act (1982) in the Charter of Rights and Freedoms. These rights are a result of the social and political conditions that were present in Canada leading up to the Constitution Act (1982). The issue of "rights" arose after World War Two and continued up until the Constitution Act (1982), which solidified the rights of Canadians into a constitutional document which must be followed throughout Canada. Before Canada could reach this point, there were social and political conditions which influenced the issue of "rights" and led it to become a dominating issue in Canadian politics. These events, such as the October Crisis in Quebec, brought Canada to the moment where the rights of all Canadian must be guaranteed and included in a constitutional document. So, in 1982, the Constitution Act (1982) was created and outlined the rights of all Canadians and remains intact today.
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 inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism, however, its raison d`etre was as a neccessary concession, the pivotal factor allowing the patriation of the constitution. Many legislators present at the constitutional conference in 1981 opposed in varying degrees the entrenchment of a "bill of rights" in the constitution. The premier of Saskatchewan, Allan Blakeney, A preeminent liberal legislator at the time, recognized this potential document as an invitation to judicial review. He feared a conservative judiciary might hinder enlightened policies and sought authority beyond the ambit of an entrenched rights protection act. At the other end of the political spectrum opposition was in the form of an allegiance to parliamentary supremacy as expressed most notably by Sterling Lyon, the conservative premier of Manitoba. Imbedding section 33, commonly referred to as the Notwithstanding Clause, into the constitutional document alleviated these concerns to a degree that permitted their compliance. It is well established that the impetus for the Notwithstanding Clause was of a political nature. To insert this so inspired clause into an intended sanctuary from capricious legislative acts appears tantamount to allowing the fox to guard the chicken coop. Conceivably the same legislative majority that would create the laws abridging rights could exem...
The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible. 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.
"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
"Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.
Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper Human Rights is the Internment of those of Japanese descent or origin during the Second World War. Also the White Paper that was published by the government continues the theme of Human Rights being violated to the utmost extreme. All these events, as well as many others in history, give foundation to the idea that “Canada as a champion for Human Rights is a myth”.
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
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...
The confederation of Canada, a process which took over a century long, with many notable events and people who were involved in forming what we know as Canada today. The confederation all started in 1763, with The Royal Proclamation. Britain decided that pacifying First nation was the best alternative to a costlier war. This proclamation created a boundary between the First Nations and the British Colonies. In the next 50 years or so, the Quebec Act, which revoked the Royal Proclamation, and Treaty of Paris, which recognized British North America to independently exist, and the Constitutional Act, happened. Although these were major events in Canada’s history, The War of 1812, was one of the most notable events that lead to Canada’s Confederation.
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 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?
Firstly, I will argue that citizens’ have the right to engage in acts of civil disobedience due to the rights of fundamental freedoms, which is underplayed in section 2 of the Canadian Charter o...
Democracy can be defined as a form of government, where a constitution guarantees basic personal and political rights, fair and free elections, and independent courts of law. Democracy has affected Canada in different ways but, although Democracy is a general concept for a governing process but can have quite different manifestations because of the exercising of decision-making, subject to rule of law and rights and freedoms of individuals.