Essay On Charter Of Rights And Freedoms

541 Words2 Pages
bulb-icon

Recommended: The benefit of multiculturalism in Canada

The charter of Rights and Freedoms (the constitution) protects basic rights and freedoms which are essential to keeping Canada a loose and democratic society. It guarantees that the authorities, or all people acting on its behalf, doesn’t dispose of or intrude with those rights or freedoms unreasonably. it's far a powerful pressure for development, protection, compassion and fairness with the strength to influence our society by way of decoding legal guidelines and guidelines.

The charter has formed our past but it will additionally form our destiny. because 1982, it's been an important a part of Canada’s democracy and will retain to shape our identity as a kingdom. The constitution affirms that we're a multicultural and that the charter have to continually be examine and understood with this in thoughts. It also guard the rights of Indigenous human beings in Canada (First nation, Inuit, and Métis). segment 35 of the charter, that's break free the constitution, acknowledges and affirms Aboriginal peoples and the treaty rights of Aboriginal peoples. …show more content…

Since Canada's unique Constitution was a demonstration of the British Parliament in 1867, just Britain had the ability to transform it. In 1980, Canada and its areas started a communitarian procedure “to bring home the Constitution and to fuse a Charter of Rights and Freedoms”. An advisory group of Canadian Parliamentarians, speaking to all gatherings, considered more than 1,200 composed entries and more than 300 declarations to build up the last Charter. “Accepting endorsement from Britain for the last time, Queen Elizabeth II marked the Canada Act on April 17, 1982 in Ottawa. This activity gave Canada control over its Constitution and ensured the rights and opportunities in the Charter as theincomparable law of the

Show More
Related

  • Litigation of R. v. Buhay

    1197 Words  | 3 Pages

    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.

    Read More

  • Does the Canadian Charter Effectively Protect our Human Rights?

    649 Words  | 2 Pages

    The Canadian government only protects 18 out of 30 rights in the Universal Declaration and other important rights are ignored. For example, in article 26 of the Universal Declaration, it states that everyone has the right to education. This law is not included in the Charter but I think it is very im...

    Read More

  • The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

    1293 Words  | 3 Pages

    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...

    Read More

  • Comparison of US Bill of Rights and The Canadian Charter of Rights

    1400 Words  | 3 Pages

    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.

    Read More

  • John Diefenbaker

    998 Words  | 2 Pages

    "Bill of Rights (Canada), August 4, 1960." DISCovering World History. Detroit: Gale, 2003. Canada in Context. Web. 4 Dec. 2013.

    Read More

  • Schizophrenia and Involuntary Treatment in the Case of Malka Magnesia

    2240 Words  | 5 Pages

    Department of Justice (2010): Canadian Charter of Rights and Freedoms. http://laws.justice.gc.ca/en/charter/1.html#anchorbo-ga:l_I. (Last retrieved: December 7th, 2010).

    Read More

  • Pros And Cons Of Charter Of Rights And Freedoms

    541 Words  | 2 Pages

    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

    Read More

  • Greatest Canadian: Pierre Trudeau

    1473 Words  | 3 Pages

    "Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.

    Read More

  • Injustices Inflicted on the First Nation People of Canada

    2727 Words  | 6 Pages

    The Constitution Act, 1876 and the Constitution Act, 1982 are the two official documents that comprise the Constitution of Canada and are the supreme source of law in the nation. According to Craik & Forcese these documents together rep...

    Read More

  • Unalienable Rights Essay

    504 Words  | 2 Pages

    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

    Read More

  • The Canadian Charter of Rights and Freedoms: Defender of Democracy

    1525 Words  | 4 Pages

    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...

    Read More

  • Canada’s Charter of Rights and Freedoms

    1059 Words  | 3 Pages

    ...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.

    Read More

  • Historical Moments In Canadian History Essay

    1226 Words  | 3 Pages

    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:

    Read More

  • The Canadian Charter of Rights and Freedoms

    1627 Words  | 4 Pages

    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...

    Read More

  • R V Macdonald Essay

    1099 Words  | 3 Pages

    It also holds the protection from arbitrary authority as profoundly important. In Canada, the Canadian Charter of Rights and Freedoms is the central document outlining the constitutional protections of all Canadian citizens. Paul Burd asserts in his analysis of R v. MacDonald, “This case essentially revolves around the question of how sure a police officer must be of the presence of a safety risk before he or she can perform a safety search.” Section 8 of the Charter of Rights and Freedoms, limits the power of the state, in this case its agents, the police from unreasonably intruding on citizen’s private spaces. The protection of privacy rights in one’s home is important, particularly as one’s dwelling contains significant personal information and should not be subject to arbitrary search without a warrant. In R v. MacDonald, “the right to be secure against unreasonable search or seizure,” as protected by section 8 of the Charter is

    Read More

More about Essay On Charter Of Rights And Freedoms

Open Document