Essay on The Charter of Rights and Freedoms

Essay on The Charter of Rights and Freedoms

Length: 1199 words (3.4 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

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...


... middle of paper ...


...hat a cultural shift will help create a nation who adheres to its promise of equality so that all may be recognized as legitimate members of the Canadian society. The Charter Revolution has allowed those who were previously disregarded second class citizens to participate fully, thus contributing to the overall success of Canadian society.



Works Cited

Epp, Charles R. The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago: University of Chicago Press, 1998.

Morton, F. L., and Rainer Knopff. The Charter Revolution and the Court Party. Peterborough, Ont.: Broadview Press, 2000.

Smith, Miriam. "Ghosts of the Judicial Committee of the Privy Council: Group Politics and Charter Litigation in Canadian Political Science." Canadian Journal of Political Science/Revue Canadienne de science politique 35, no. 01 (2002): 3 - 29.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Canadian Charter of Rights and Freedoms Essay example

- 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...   [tags: Canadian Bill of Rights, Politics]

Strong Essays
2464 words (7 pages)

The Canadian Charter Of Rights And Freedoms Essay example

- Elaine Craig holds that a law degree from Trinity Western University (hereafter referred to as TWU) should not be accepted on the grounds that the lawyers it produces would not have adequate respect for human rights. First, Craig 's argument for why the Federation of Law Societies ' (hereinafter the Federation) “decision to deny TWU’s application would be upheld as reasonable by the courts” will be explicated (2013, p. 152). Secondly, her view will be evaluated in terms of whether the human rights and interests of Canadians would be at risk if law graduates from TWU were permitted to practice law upon graduation....   [tags: Law, Lawyer, Human rights, Bar association]

Strong Essays
1250 words (3.6 pages)

The Canadian Charter of Rights and Freedoms Essay

- 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)....   [tags: Government]

Strong Essays
1627 words (4.6 pages)

The Canadian Charter Of Rights And Freedoms Essay

- As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries....   [tags: Jury, Jury trial, Law, Common law]

Strong Essays
2757 words (7.9 pages)

Essay on The Charter of Rights and Freedoms

- 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....   [tags: canadian politics, constitution act ]

Strong Essays
1199 words (3.4 pages)

Charter of Rights and Freedoms Essay

- (1) The Charter protects a range of rights and freedoms, but these rights often conflict. In some instances, courts are called upon to weigh competing rights. In your opinion, is freedom of religion or freedom of expression more important. Why. Use case law examples to support and defend your argument. The Charter of rights and freedoms focuses on many fundamental rights of individual, but often these rights conflict with one another. When such an issue arises there is a judicial review that the courts establish in understanding which right is more important on the basis of the case....   [tags: judicial review, sabbatah]

Strong Essays
1689 words (4.8 pages)

Canada’s Charter of Rights and Freedoms Essay

- 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....   [tags: Individual Rights, Canada, Freedom]

Strong Essays
1059 words (3 pages)

Essay on The Canadian Charter of Rights and Freedoms: Defender of Democracy

- 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....   [tags: equal rights, opportunities ]

Strong Essays
1525 words (4.4 pages)

Essay on Section 7 of The Canadian Charter of Rights and Freedoms

- The Canadian Charter of Rights and Freedoms has long been the legal document that protects Canadian citizens from infringements made by unscrupulous politicians and legislators. However, there are questions explored about the Sections of the Charter and in those of Section 7 in particular. This is because of the protective function of Section 7 and its obligations of the protection of a citizen’s rights to life, liberty and security of the person. There are third parties that could be posing “threats” to Charter interests and therefore the extents of Section 7 in terms of its protective function for individuals’ rights are put into question....   [tags: rights to life, liberty, security]

Strong Essays
1891 words (5.4 pages)

The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

- The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism, however, its raison d`etre was as a neccessary concession, the pivotal factor allowing the patriation of the constitution....   [tags: Papers]

Strong Essays
1293 words (3.7 pages)