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Theories of constitutional interpretation
Importance of justice and fairness
Fairness development
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“These men only ask for just the same thing, fairness, and fairness only. This, so far as in my power, they, and all others, shall have.”- Abraham Lincoln. This quote fundamentally states that everyone wants fairness and the government should do what is in their power to give it to the people. On the contrary, the War Measures Act actually limits freedom and fairness. The War Measures Act is a law that gives the federal government comprehensive emergency power during a war, invasion or rebellion. It allowed the cabinet to do anything necessary for the “security, defence, peace, order and welfare of Canada” (Morton and Granatstein, 1989, p.7).The act severely limits the freedom of Canadians. It was used during World War One (1914), World War Two (1939) and the October Crisis (1970). It also has a negative effect on the esteem of Canada as it can be viewed as a hypocritical democratic nation, in which a model peacekeeping nation used a totalitarian force such as the War Measures Act. By unjustly punishing Canadians citizens, enforcing conscription as well as being used unnecessarily to address apprehended threats, the usage of the War Measures Act was neither fair nor necessary.
The unjust punishment of citizens that was allowed by the War Measures Act was iniquitous. When it was used in World War One, World War Two and the October Crisis, it led to the unjust punishment of Canadians by causing the internment of “enemy aliens” as well as the forced to registration with the government. In World War One, Canada had been in war with Germany, Austria, Hungary and Ukraine therefore immigration from there was suspended and people from there were considered “enemy aliens” and were interned. This meant that they had to register with the ...
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...the War Measures Act is not effective, fair or useful.
The War Measures Act is unjust and unessential due to the unjustified abuse of Canadian citizens, constraining conscription and needless use against apprehended threats. The War Measures Act is unfair and needless due to the fact that it allowed unjust punishment in both World Wars and the October Crisis. It helped conscription during World War One and Two which ultimately failed and caused a lot of division and hassle within Canada. Moreover, it took away the freedom and rights from citizens which Canada is renowned for. The act was not needed and was not fair. Fairness is treating people with respect and making decisions without self-interest, and is a part of our everyday life. “One should treat others as one would like others to treat oneself”- The Golden Rule should always be used to the utmost extent.
Throughout history, the actions of governments have always been debated; however, occasionally there are certain events which spark much controversy, both at the time of the event and by historians today. One of these controversial acts was the invocation of the War Measures Act in 1970, an act which suspended the civil liberties of Canadian citizens. In October 1970, in what became known as the October Crisis, the Front de libération du Québec, (commonly known as the FLQ) which was a French Canadian organization advocating independence from Canada, kidnapped two politicians. This initiated a series of events, one of which was the invocation of the War Measures Act by Prime Minister Pierre Elliot Trudeau. Many historians argue that Trudeau was justified in invoking the War Measures Act because the October Crisis ended shortly after the Act was invoked. However, this argument is invalid as justification; primarily because the War Measures Act was an extreme overreaction by Trudeau, as the threat of the FLQ was largely small-scale, and the demise of the FLQ was impending with the rise of the Bloc Quebecois. Furthermore, the Act may have inspired Quebecers who favoured separatism, as they saw the government desperately employ the most extreme measure to stop the FLQ. Finally, the War Measures Act suspended the civil rights of citizens within a democracy, violating the Canadian Charter of Rights and Freedoms.
Canada refused to participate in the Suez canal crisis, “this action was a symbolic gesture that showed both England and the World that Canada was now a fully autonomous nation in total control of its foreign policy” (http://mrmillerss11.blogspot.ca/2010/02/feb-24-canadas-autonomy-timeline.html) . To stop any violence that would soon abrupt Lester. B.Pearson came up with the idea of “peacekeeping”. He stated “We are now emerging into an age when different civilizations will have to learn to live side by side in peaceful interchange, learning from each other, studying each other’s history and ideals, art and culture, mutually enriching each other’s lives. »
“Book Review | The Wars by Timothy Findley; Out of the Shadows: Canada in the Second World War by W. A. B. Douglas and Brereton Greenhous | Canadian Literature.” N. p., n.d. Web. 4 Jan. 2014.
The Avalon Project at Yale Law School. 18 May 2006. The Avalon Project. 18 MAY 2006. The War Powers Act of 1973.
Prime Minister Trudeau put into effect the War Measures Act for the first time in Canadian history during peace time. He did this without consulting parliament. However, parliament voted three days later to approve the use of the act. The civil liberties of the citizens of Canada were suspended while the act was in force. In a few cities, officials used the WMA to clean up the streets, picking up "undesirables" and throwing them into jail. More than 450 people were jailed in Quebec for suspected connections to the FLQ. Most were later released without any charges being laid. After the War Measures Act was put into effect, no other public figures in Canada were kidnapped. Eventually Pierre Laporte was murdered by his captors and Cross was released unharmed after his kidnappers were flown to exile in Cuba. But for many in Quebec, the question was raised : what might the federal government do if Quebec ever did decide to leave Canada... the use of the army in the streets and the loss of civil liberties left a bad taste in many people's mouths.
Equality rights protect the identity of Canadian citizens by ensuring equal treatment from the government. Without the CRF, acts such as War Measure Acts would be put into action. The War Measures Act was acts done by the government at critical times such as war to ensure the security of the country by putting ‘enemy aliens’ into labour camps without pay. Canada used to us this act in WW2, but after the CRF they compensated the victims.
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.
The War Measures Act, which had been created for the protection and benefit of Canadian...
The post-war time was a period where major changes were occurring. After being involved in two international conflicts, Canada was ready to reestablish their economy. During this time, Canada had started working on ways to become stronger and reputable. It is evident that Canada had matured through the post-war era. Canada’s economic progress left a positive impact on the growth of the country as consumerism became popular, and economic ties with America became stronger. Moreover, the removal of racial and ethical barriers contributed to Canadian social affairs such as the huge wave of immigration and the baby boom. The Canadian government also had become more aware and involved in issues impacting Canadian citizens. Canada as a whole started identifying itself as an independent nation and participating in events that brought a positive reputation amongst them. These economical, social, and legal changes helped Canada mature into the country it is today.
The diminishment of valuables by the Canadian government including land, property, and fishing boats following the false assurance of the valuables being returned immediately after the war, left Japanese-Canadians completely abandoned. Mary Haraga, one of many children that experienced such harsh conditions during the time of the internment, was extremely devastated over the policies that families underwent and recalled “[m]y parents believed the government when it said that their...possessions would be held ‘in trust’. They did not imagine that once they were incarcerated, what they had taken a lifetime to build would all be sold or auctioned off.” The confiscated possessions were sold off to property managers without the owner’s permission, and they promised that the possessions would be taken care of and would be immediately returned after the war, however, these possessions were sold off in an act of an auction. The fact that there was a need for the Canadian government to seize all of their property, itself shows how terribly they were treated and cared about. Likewise, if the Canadian government was suspecting Japanese-Canadians of being spies and reporting back to Japan for the war, the need to seize their property would be irrelevant and just another excuse to confiscate all of their property and torment them, which left them distraught. For this reason, the Canadian
World War Two had a significant impact on Canadian history as the Canadian government revoked many rights and changed the lives of Japanese-Canadians that were interred. Between 1941 and 1945, over 21,000 Japanese-Canadians (in which over two thirds were born in Canada) were limited of their rights and freedom and were forced into internment camps "for their own good". The Japanese-Canadians were considered as enemy aliens by the Canadian government the day after Japan bombed Pearl Harbour. They lost many rights along with it and their property was confiscated as well even though the Canadian government promised that they would receive their property back after the war was over. While the Japanese-Canadians were living in the internment camps, they were forced to suffer from the harsh nature and living conditions of the camps. Also, after all those these years of internment, the end result was that the Japanese-Canadians were given the freedom to move and were given a formal apology from the government in 1988. Not only did the internment of Japanese-Canadians tear families apart and scar the lives of many innocent civilians, but it also made the Canadian government open their eyes and realize how they were treating different ethnicities even though Canada was supposedly a free country.
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 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...
The October Crisis of 1970 was the first time the War Measures Act was invoked during peacetime. This was the third and final use of the act, enacted in both of the world wars, before being later replaced by the less controversial Emergencies Act. In 1970 Canada’s strength as a nation was being tested by the conflict in Quebec, and this paper will examine why the use of the War Measures Act was justified through the conflict. Le Front du Liberation du Québec (FLQ) was a group of radicalized nationalists. Its members were named terrorists after they progressed to extremist measures including attempted kidnappings, and many bombings. The group had the intention to create an independent state of Quebec. As tensions rose the government realized
The year is 1914, and war has broken out across the globe. Canada is currently against Germany. The Canadian government is taking Canadian citizens that are of German or Ukrainian descent and shoving them into internment camps which cut them off from the rest of their world. Internment is the detention or confinement of a person during a time of war. In Canada, such persons were denied certain legal rights, notably habeas corpus, though in certain cases they had the right to appeal their custody. Habeas corpus is a legal action in which detainees may seek relief from unlawful punishment. There is a term that is going around that is referring to the detainees as “enemy aliens”. Over 8000 Germans and Ukrainians are considered enemy aliens at this time, more are being hunted down and taken from their homes. Due to unclean living, disease has begun to spread among the camps affecting detainees with tuberculosis and pneumonia.