Canadian Charter Of Rights And Freedom Analysis

The Canadian Charter of Rights and Freedoms is an integral part of the Canadian constitution. The charter sets a precedent for all laws in Canada, and any law that contradict the charter are unable to stand legally, and therefore are unconstitutional. The charter is key to ensuring the freedom of Canadians as it serves as a means to ensure that Canada’s status as a country which provides equality and freedom to all by securing the rights of the citizens and taking bureaucratic power away from the government. The charter makes it so that each individual, regardless of societal status or other social attributes are entitled to the same treatment by the law and the enforcement of the law. If there are any infringements, there are legal procedures

This is because the charter enforces strict restrictions on laws that can be seen as limiting the freedoms. The first section of the charter states that the charter rights cannot be broken unless there are reasonable limitation which benefits society. This section of the charter allows the government to allow camouflage discriminatory laws under the false pretense that it is helping society, when there is a group of people who are suffering because of the policy. The government may not have thought the policy was unfair or discriminatory, but if it causes prejudice to another group, it causes problems within society and makes the society worse overall. In the famous case of R v Oakes, Mr. Oakes argued that the reverse onus legislation conflicted with his right to be presumed innocent until proven guilty. The reverse onus principle was used in the Canadian Narcotics act to ensure more drug charges to laid upon offenders. This was in direct contradiction of section 11(d) which states that everyone is to be presumed innocent until proven guilty. The reverse onus clause violated the rights of Canadians and therefore could not stand. This is because the charter rights hold precedent over other laws, and limitation may only be placed if the infringement is beneficial to society. The precedence of charter rights ensures that all Canadians cannot be taken

The charter bars the government from applying an oppressive law that restricts the rights of citizens beyond a reasonable limit. It provides equal standings to all Canadians, disregarding any social status or personal identification. The charter also ensures that unfair laws can be challenged if a person believes that a set of laws restricts their rights, as the society is constantly changing to new norms. The Canadian charter of rights and freedoms is a incredibly powerful document which ensure the safety and security of all of the citizens of Canada. It is the most heavily relied upon document in the Canadian legal system, and what would our society look if this document did not