The Canadian Charter of Rights and Freedoms Essay example

The Canadian Charter of Rights and Freedoms Essay example

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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

(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall...


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...tion to over throw the right and freedoms of individuals who abuse the system.
The federal and provincial government’s bona fide ability to implement bounds on the rights and freedoms enjoyed by the Citizens of this great nation is an absolute necessity. The confines permitted by the ‘reasonable limits clause,’ ‘notwithstanding clause’ and the need for increased powers in extreme circumstances demonstrate society’s inherent need for confines to prevent disorder and mayhem. If the governments were unable to invoke restraints, chaos and anarchy would prevail. However, the need to ensure that the limitations do not unreasonably infringe of rights and freedoms of Canadians is equally important. If governments began to continuously and unreasonably infringe the rights and freedoms, individual Canadians would become a communist state such as North Korea.

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The Canadian Charter of Rights and Freedoms Essay example

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