In Canada, our society is governed by the philosophy and principles of liberalism, which is the foundation of the legal and political institutions in the Western world. Liberal society highlights individual rights, freedoms and autonomy while limiting state power and the scope of the legal system (Stoljar, Lecture). There are three liberal principles that are protected through legal doctrines, (Stoljar, Lecture). The first is the ‘rule of law,’ which is impartial, stable, and measured, and must be distinguished from the ‘rule of man,’ which is irrational, temperamental and unpredictable, (Stoljar, Lecture). The second is that law should be neutral and impartial, which means that it’s removed from politics and biased assumptions, (Stoljar, Lecture).
One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.
The Canadian Charter of Rights and Freedoms has long been the legal document that protects Canadian citizens from infringements made by unscrupulous politicians and legislators. However, there are questions explored about the Sections of the Charter and in those of Section 7 in particular. This is because of the protective function of Section 7 and its obligations of the protection of a citizen’s rights to life, liberty and security of the person. There are third parties that could be posing “threats” to Charter interests and therefore the extents of Section 7 in terms of its protective function for individuals’ rights are put into question. Section 7 of the Charter says that “[E]veryone has the right to life, liberty and the security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The meaning of Section 7 is to adhere to each individual’s right to the sanctity of life, their physical liberty in a narrow sense, and the integrity of the person is to be kept secure. However, what would the extent of Section 7 be or moreover, what is the extent of each protected interest? The objective of this paper is to examine the extents of Section 7 of the Charter in which the focus is on the protected interests of life, liberty and security of the person. Each protected interest will be discussed in depth with its relationship to a specific Canadian court case. This will help to determine the extent of Section 7 and therefore help understand how much the Charter protects the freedom of Canadian citizens. For right to life, the First Nation communities in Canada had ‘high risk’ of threats to health in their water systems according to Health Canada. The focus of this topic...
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
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...
This essay has argued that there are many limitations that the Prime Minister is subjected too. The three most important are federalism in Canadian society, the role of the Governor General, and the charter of rights and freedoms. I used two different views of federalism and illustrated how both of them put boundaries on the Prime Minister’s power. Next I explain the powers of the governor general, and explained the ability to dissolve parliament in greater detail. Last I analyzed how the charter of rights of freedoms has limited the Prime Minister’s power with respect to policy-making, interests groups and the courts. The Prime Minister does not have absolute power in Canadian society, there are many infringements on the power that they have to respect.
In the contentious world of politics the actors at times find themselves at an impasse, unable to move forward between their conflicting visions. In these moments the courts may be asked to mediate between the different levels of government by providing constitutional or legislative advice. These scenarios can become perilous because since the courts must provide insight on issues that are political without stepping outside of its jurisdiction. Regardless of their dangers, however, I would argue that the reference instrument has proven to be a valuable tool in preventing political chaos. In the Patriation Reference and the Quebec Secession Reference the courts ++++---In order to illustrate the importance of reference cases in the Canadian system, despite their shortcomings, I will first look at the history of the advisory mechanism with a view to explain the roll of the courts. I will then look at the constitutional perspectives the courts took in several reference cases, especially the Patriation Reference and the Quebec Cessession Reference. In the next section I will explore the ways in which the courts opinions in these cases impacted Canadian federalism to determine the constitutionality of their advice. Finally I will explore the eventualities of a system without reference cases to demonstrate why they are so important. Attention will also be paid to the reference system of the United States in order to provide a comparative view. I will argue that in reference cases the Supreme Court takes on an important role as a mediator between political actors, however, the Court must act with caution as these are perilous grounds where suggestions can cross into political territory. – Indeed, political actors can abuse the system, >re...
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...
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
In today's day and age contemporary society's are built upon the thought of citizen conformity to a prescribed set of values and norms to. This idea of complies to social standards makes one think as to how these norms of fact society as a whole and an individual. The main driving component which draws people too conformity are the desire to be excepted in certain status groups. People fear that if they do not conformity is norms that they will be breaking the social contract therefore been shunned by society at not being able to achieve their personal goals. Further analysis of these forces for conformity in contemporary society it will be shown that these forces produced negative ethical conduct and hinder the foundation of justice that the political system of Canada is based upon.
“Our current democratic models are crumbling and outdated. We need to make something more real and meaningful.” The modern world is a complex frontier where Canadians need knowledgeable citizens to guide them. When voting, everyone deserves the ability to support a party which they truly believe in. The Pirate Party is the party of Canada’s future, striving to unlock the great potential of this country. Their plans of action are rooted in the desire to benefit society as a whole. The Pirate Party of Canada is a superior party that will move Canada to an advanced and astounding future, with empowerment as its main focus and emphasis on finding ways to address the needs of all Canadians.
Since federalism was introduced as an aspect of Canadian political identity, the country has undergone multiple changes as to how federalism works; in other words, over the decades the federal and provincial governments have not always acted in the same way as they do now. Canada, for example, once experienced quasi-federalism, where the provinces are made subordinate to Ottawa. Currently we are in an era of what has been coined “collaborative federalism”. Essentially, as the title would suggest, it implies that the federal and provincial levels of government work together more closely to enact and make policy changes. Unfortunately, this era of collaborative federalism may be ending sooner rather than later – in the past couple decades, the federal and provincial governments have been known to squabble over any and all policy changes in sectors such as health, the environment and fiscal issues. Generally, one would assume that in a regime employing collaborative federalism there would be a certain amount of collaboration. Lately, it seems as though the only time policy changes can take place the federal government is needed to work unilaterally. One area in which collaborative federalism has been nonexistent and unilateral federalism has prevailed and positively affected policy changes is in the Post-Secondary Education (PSE) sector.
The Liberal Party was created a short time after confederation. It had little luck a first being considered a minority government, but in 1873 Canada formed its first liberal government with Alexander Mackenzie as the leader (image on right), he was the second prime minister following Sir John A MacDonald. Edward Blake later took over the position of the liberal party due to Mackenzie's lack of ‘political vision’. Blake was the only leader to never become Prime Minister until the 21 century (Christina.M McCall). After that the leaders of the liberal party included Sir Wilfrid Laurier, William Lyon Mackenzie King, Louis St Laurent, Lester. B Pearson, Pierre Elliott Trudeau, John Turner, Jean Chretien, Paul Martin and the current
We have seen in this chapter that liberalism refers to a broad array of related ideas and theories of government that tend to consider individual liberty and equality of opportunity to be amongst the most important political goals. Different forms of liberalism may promote very different policies, but liberals are generally united by their support for a number of principles. These principles include: freedom of conscience and speech; limitations on the power of government; adherence to the rule of law; the free exchange of ideas and a transparent system of government. In the liberal perception, it is the individual citizen that truly represents the basis of law and society and therefore public institutions should exist to further the ends of individuals, without showing favour to those in higher social ranks. Thus, from a political standpoint, liberalism tend to stress the social contract ideal, under which citizens make the laws and agree to abide by those laws. This ideal tends to be underpinned by a belief in the minimal interference by the state. Liberals typically argue that ...
Modern day society is engrossed in a battle for protection of individual rights and freedoms from infringement by any person, be it the government or fellow citizens. Liberalism offers a solution to this by advocating for the protection of personal freedom. As a concept and ideology in political science, liberalism is a doctrine that defines the motivation and efforts made towards the protection of the aforementioned individual freedom. In the current society, the greatest feature of liberalism is the protection of individual liberty from intrusion or violation by a government. The activities of the government have, therefore, become the core point of focus. In liberalism, advocacy for personal freedom may translate to three ideal situations, based on the role that a government plays in a person’s life. These are no role, a limited role or a relatively large role. The three make up liberalism’s rule of thumb. (Van de Haar 1). Political theorists have