The Canadian Charter of Rights and Freedoms is a one of the essential reasons as to why one should be proud to be a Canadian citizen. The Charter was introduced by Pierre Elliott Trudeau and it was signed by Queen Elizabeth the Second on April 17th, 1982. The Canadian Charter provides every Canadian citizen with rights and freedoms that ensure the proper functioning of society. Although, there is a chance that rights may be restricted under certain circumstances, the Charter is certainly effective at protecting rights and freedoms. The Canadian Charter provides citizens with fundamental freedoms and rights that all Canadians can enjoy. Additionally, the Charter ensures that citizens are protected from the government and people in power. Lastly, …show more content…
Can you imagine living a country without privileges? Not allowed to have an opinion or voice just because of our religion, race, sexulaity, age, and gender? The Canadian Charter provides citizens with rights and freedoms that allow them to freely express their opinions and perspectives on various ideas. Through the Charter, citizens are given fundamental freedoms and rights such as freedom of expression (described as the “right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others”), and freedom of religion (which is the the right to practice whatever religion one chooses, or doesn’t choose). A specific case regarding the infringement of the freedom of religion was the case of Syndicat Northcrest v. Amselem. In this case, there had been a violation on the Orthodox Jewish residents’ (in a small community in Montreal) of their freedom of religion. The manager of Syndicat Northwest (apartment where the Jewish people lived) restricted the right to express one’s religion …show more content…
The Rule of Law is an essential principle of our legal system. In simple terms, it means everyone should receive the same treatment under law, and that no one is above the law. The Charter establishes equality because s.15 states that “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular it prohibits discrimination based on based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” A prominent case was Vriend v. Alberta, where Delwin Vriend was a laboratory coordinator at a private Christian college in Edmonton, Alberta. In January 1991, the college fired Mr. Vriend after it came to knowledge that he was a gay man. When he attempted to file a human rights case, he was advised against it as sexual orientation was not included in the Charter at that time. Although he was suggested not to, Mr.Vriend took matters to Court. The Supreme Court of Canada decided that the “exclusion of sexual orientation as a ground of discrimination in the Act created a distinction that resulted in the denial of equal benefit and protection of the law on the basis of sexual orientation.” The court declared that this was a violation of s. 15 of the Charter that could not be justified under s. 1, and ordered that sexual orientation be read into the provincial legislation. This case
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...
A proper analysis of why this is so would require a book-length account of the constitutional and political history of Canada and the United States. It would include but would not be limited to the selection and role of judges, the role of legislatures and political leadership, the attitudes and practices of the police and administrative agencies, and, not least, popular attitudes towards rights, minorities, and government. In short, the whole of a person’s way of life. Bibliography McKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights.
In the year 1957, Canada elected its first Prime minister without English or French root, John Diefenbaker. While growing up in the city of Toronto, because of his German name, he was often teased. [1] He grew up as an outcast, and so he was able to relate to the discrimination and inequality many of the minorities in Canada felt. This essay will attempt to answer the question: To what extent did Prime Minister John Diefenbaker help promote equality to the minority communities. . The minorities in this time period were the women, aboriginals, and immigrants. During his time as the Prime Minister, he was able to help protect the rights of this group because many of their rights were being abused by the society. Diefenbaker also helped the minorities to stand up for themselves and other groups. Diefenbaker was able to bring positive change to the minority communities by making an official Bill of Rights and appointing people of discriminated groups to the parliament while other members did not.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
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
"Canadian Charter of Rights and Freedoms." Canadian Charter of Rights and Freedoms. 2nd ed. 1982. N. pag. Print.
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...
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.
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 protects all Canadians likewise of their gender, religious, spiritual and cultural views. Section 2 a guarantees the “freedom of conscience and religion”. This right allows individuals to practice follow there religious views and to practice them within the confounds of our society. If a section 2 A violation occurs that individual or group has the right to appeal the decision at various levels of the court system within Canada. There are tests such as the Amselem test to determine if the section 2 A is a reasonable infringement that had minimal impairment. Further a section a violation would have to pass tests outlined and created by the
The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary to render regulations and statutes at both the federal and provincial levels of government unconstitutional. Although the rights and freedoms of Canadians are guaranteed, Sections one and seven of the Charter permit the federal and provincial governments to limit the rights and freedoms enjoyed by Canadians. Section one of the Charter designated ‘Rights and freedoms in Canada’ states “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This section is frequently referred to and better known as the reasonable limits clause. The second rights and freedoms limiting section of the Charter, known as the ‘notwithstanding clause’ is Section thirty-three entitled ‘Exception where express declaration’ declares
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
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...
Canada has had a long and storied history especially in the 20th century. A key part of this history is Canada’s road to autonomy. The first step on this road is Canada’s role in fighting and ending World War I. The second step is Canadian involvement in the United Nations’ early days to the mid 1950’s. The last step on the road to autonomy is the Constitution Act, 1982. These three moments in time form the backbone of Canada’s road to autonomy.
It is without a doubt that Canada is considered one of the most welcoming and peaceful countries in the entire world. Individuals fleeing conflicts from different continents, on opposites sides of the planet, view Canada as a safe haven, a place to thrive, succeed, and safely live life to its fullest potential. Excellent healthcare, education, and proper gun control are just some of the many priviledges freely given to those who are lucky enough to call Canada their home. The Rights and Freedoms of Canadians are incomparable to those of individuals living in other countries, and with freedom of religion being one of them, it becomes crucial that we respect and show acceptance of different religions. However, it is saddening to see that in