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Essays canadas charter of rights and freedoms
Canadian Charter of Rights
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The Canadian Charter of Rights and Freedom is a component of the Constitution in Canada. The Constitution is the supreme law of Canada, it sets forth the fundamental rules and principles that govern the country. The Charter is more specialized with various sections that were created because Canadians believe them to be essential in a liberated and democratic society. Since it is part of the Constitution, the explicit rights and freedoms are guaranteed to all Canadians. There are a few exceptions such as the right to vote, the right to enter and leave the country that are only for citizens. However any newcomer that enters the country falls under the shade from the majestic umbrella known as the Canadian Charter of Rights and Freedoms. There …show more content…
Moreover, the Charter promises the citizens and newcomers are liable to candid protection and benefits regardless of their race, nationality/ethnicity, age, religion, and colour. This is known as Social Equality as defined in Section 15 subsection 1. Subsection 2 says, we must give higher priority to the ones in need so that they can relish hearty and salubrious lives. Social Equity is derived from the idea of justice; it claims the only path to an unprejudiced society is aiding the ones who are truly in need of our help. This section also grants certain laws or programs that assist the deprived in our community. Programs that try to relinquish the thirst from the underprivileged are favoured under subsection 2. These programs include but are not limited to bettering the employment opportunities for women, improving the state of Aboriginal reserves, aiding people who have any mental or physical disabilities. Helping the minorities through awards such as the Brock University Emerging Market Entrance Awards, which rewards students ranging from $1000 – $4000 for Students if their home country is Colombia, Ghana, India, Mexico, Nigeria, Russia, Turkey, Ukraine or
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.
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. COMPARISON OF BILL OF RIGHTS AND THE CANADIAN CHARTER... ... middle of paper ... ...
The Charter of Rights and Freedoms, 1982 symbolized a new era for Canada. Championed by Pierre Elliot Trudeau, the charter entrenched the fundamental rights and freedoms of Canadian society, and allowed for those rights to be enforced by any individual should they be infringed upon. The enactment of the Charter of Rights and Freedoms illustrates yet another shift from traditional Westminster style of governance, and created a new political atmosphere. The notion of Parliamentary supremacy has shifted to accommodate constitutional supremacy, where two institutions must work together to balance the will of the elected and the language of the charter. Constitutions, the most basic of political institutions, have the power to affect politics, by defining the rules of the political sphere. Though Parliament remains supreme, the Charter of Rights and Freedoms has empowered the judiciary with the ability to interpret it broadly and settle major questions of public policy, something the Bill of Rights, 1960 could never really achieve. The charter has in effect, given the judiciary a quasi-legislative authority.
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.
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.
A Constitution is document that states how a country is made. The growth of Canada can be interpreted through the Canadian Constitution, because the Constitution states the equal rights and freedoms of all Canadians, equal distribution of legislative powers, convenient education, and legal stability and accurate predictability. The Canadian Constitution is a very efficient way of looking at the laws and the maintenance of the country, because it describes the structure of Canada, it provides very well legal stability and predictability and the Constitution is very important for Canadians. The Canadian Constitution plays an effective role of determining the structure of Canada, its stability and predictability of laws and the rights and freedoms of Canadians.
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 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:
Different states have various ways of ruling and governing their political community. The way states rule reflects upon the political community and the extent of positive and negative liberty available to their citizens. Canada has come a long way to establishing successful rights and freedoms and is able to do so due to the consideration of the people. These rights and freedoms are illustrated through negative and positive liberties; negative liberty is “freedom from” and positive liberty is “freedom to”. A democracy, which is the style of governing utilized by Canada is one that is governed more so by the citizens and a state is a political community that is self-governing which establishes rules that are binding. The ‘Canadian Charter of Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
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
The Declaration of Independence, written by Thomas Jefferson (with the help of Benjamin Franklin, John Adams, as well as many others), was signed on July 1st, 1776 in Philadelphia. Thomas Jefferson wrote the Declaration of Independence to appeal to the British Parliament and King and explain why the American Colonies wanted independence from England. Thomas Jefferson and the other delegates from the Second Continental Congress agreed that, “all men are created equal, that they are endowed by their creator certain unalienable rights” (p. 112) which became the base for nearly all of the points made in the document. Logical and emotional statements were used throughout the document to make impactful statements that would convince the audience of the seriousness of the matters they were presenting.
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...
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.
Freedom is having the right to own, act, think, and speak without any restrictions from the outside. Ever since the New World was discovered, people have been fighting for their independence till this day. People of other colors and race have been forced to do labor without their consent. Today, those same people have been blamed or accused of crimes that were not committed by them despite of being free. Freedom has different meanings and those meanings change overtime; however sometimes the significance of freedom does not change.