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... ... middle of paper ... ...ven law into legislation. If these steps were not taken, we would risk living in a world of oppression and injustice. Many have paid the ultimate price, granting us the opportunity to live in a nation where we pride ourselves upon the freedom we value so dearly. Thus, when reflecting back on our society and the value of living in a democratic environment, it seems rather obvious that the implementation of these Charter sections is a small price to pay for our free and equal culture. Works Cited Canadian Charter of Rights and Freedoms, s 2, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. Roach, K. (2008). Dialogic Judicial Review and Its Critics. In D. Dyzenhaus, S. Reibetanz Moreau, & A. Ripstein, Law and Morality: Readings in Legal Philosophy (3rd Edition ed., pp. 589-644). Toronto: University of Toronto Press.
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.
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
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.
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.
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.
Trying to apply new reforms in the Canadian constitution has been no easy task. The mixture of the parliamentary/monarchy powers denies the citizens’ direct participation in the government’s decision-making process and does not allow the existence of a complete free democratic system. A true democracy simply cannot fully exist with a restricted monarch selecting type of government and any reforms must be applied to make Canadian constitutions’ laws be based on democratic principles.
May, E. (2009). Losing Confidence: Power, politics, and the crisis in Canadian democracy. Toronto, ON: McClelland & Stewart.
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?
Throughout history, many events have been passed and have made a significant impact on how the United States has changed and improved over time. One of the most known events to happen in history that has impacted the United States is the making of the Bill of Rights. According to our book, By the People, the Bill of Rights “form a crucial feature of the Constitution and of American government”. In the late 1700s there was a lot of controversy on whether or not the Bill of Rights would be beneficial to the Constitution and the United States. Strong arguments on both sides have been made, ranging from the opinions of federalist and antifederalist, and from articles that were discussed in class
The Charter of Rights and Freedoms has fundamentally shaped Canadian society since its inception through the Constitution Act of 1982. Promising egalitarian, linguistic, religious as well as other basic rights, the Charter of Rights and Freedoms is one of the primary doctrines in which Canadian law is founded upon. Many have argued that the advent of the Charter has transformed Canadian society into one that is preoccupied with that of rights. The rise in social movements, specifically in areas of women’s rights, indigenous rights and homosexual rights, are indicative of this. The Charter has created a divide amongst those who believe that this rise in a “rights culture” is ultimately beneficial if not necessary for Canadian society, especially in preserving the voices of the marginalized citizenry who until recently remained invisible in the eyes of parliament, and those who believe that Canada as nation has become preoccupied with preserving the right of gays, lesbians, women and other minority groups that it has sacrificed its majoritarian values. The word preoccupation, especially used in this context, holds a negative connotation suggesting some sort of obsession, and to describe Canada as a nation “preoccupied” with rights is an overstatement. Canada’s recent Charter revolution has often been seen as a means by which minority groups enact their own changes which may or may not be seen as desirable by a majority of people. However, because the Charter is important in preserving the rights of marginalized or minority groups, this can ultimately be beneficial for those whose world views have historically been persecuted. The subsequent paragraphs will further discuss how Canada’s recent Charter revolution has transformed Canada...
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. The charter of rights and freedoms is an important piece of written law in the Canadian constitution. where every person in Canadian society became free in choosing the life and peoples desired under the law. The rights and freedom of people in Canada is protected under the Canadian charter of rights and freedom, it was entrenched into the constitution as part of the Constitutional act of 1982. The government is guided by the Charter when making laws and the court is guided by the Charter when applying laws. It has also provided an entire new identity to the nation and became the symbol of freedom and equality. Charter of rights and freedom has also shown great influence in the Canadian society by affecting the way people are governed and how politics is carried out. It has also brought a society of equality, unity and justice as well as,
Since 1948, the Canadian government had decided to pursue Universal human rights making it a huge part of Canadian law. At this point there are four different systems to protect human rights in Canada, these include the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Human Rights Commission, and provincial human rights laws and commissions. Human rights in canada did not create a lot of argument amongst human rights as it did in other countries. Most canadians had the idea of Canada being a strong Advocate and positive model of Human Rights for the rest of the world, an example of this is in 2005, Canada was the fourth country to legalize same-sex marriage worldwide, this was possible with the Civil Marriage