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 …show more content…
This is beneficial for Canadian citizens because they are given the freedom to enter and leave Canada as they please for whatever reason without any significant or unjust restrictions. Mobility rights provide access for not only their citizens, but also citizens of other countries to experience and gain knowledge of various countries in the world. Along with this they are able to visit family and friends, and go on vacation, which builds character and social bonds. A current example of a country that does not possess proper mobility rights is North Korea. “North Korea imposes very strict migration controls on the entries and exits of foreigners and of its citizens.” (migrationinformation, 2008). Citizens of North Korea do not attain the freedom to leave and experience other states. North Korea’s lack of freedom not only affects their citizens but also individuals from other countries in a negative sense, cutting off social bonds as a result. Not having mobility rights is an infringement on their negative liberty on account of the option of immigrating or emigrating not being available to them due to the laws placed by the government. In actuality, citizens “caught emigrating or helping others cross the border illegally are detained” (migrationinformation, 2008). The death and torture rates are extremely high where the prisoners are …show more content…
Having equality rights allows for the acceptance of the diversity in human beings as well as granting them with the feeling of equality towards others under the equality rights from as imposed in the Charter. Discrimination against women is currently occurring in Saudi Arabia, where women driving are frowned upon and if authorities catch sight of women driving they stop them whereas men are allowed to drive freely. This demonstrates the oppression of women due to the fact that them being independent is seen as inappropriate and that women must be escorted by a man at all times, for their supposed protection and order in keeping the men in higher ranking as the authority over women. Equality rights eliminated stereotypes against women and revolutionized women’s freedom to be seen as equals to men, which signifies that women hold the same amount of importance as men do which aids in society as a whole and encourages all individuals to be
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.
A century ago, Canada was under control by the British Empire. The battles we fought the treaties we signed and the disputes we solved all helped us gain independence from our mother country “Britain”. Canadians fought a long battle protecting others, and from these battles we gained our peaceful reputation and our independence from Britain. Canada became a nation on July, 1st 1867. Although we were an independent country, our affairs and treaties were all still signed by Britain. In the next years Canada would establish its own government, and lead its own affairs. Many important events led to Canada’s independence, one of the earliest signals that Canada wanted to establish autonomy was the Chanak affair of 1921. In addition the battle of Normandy, which occurred on June 6 1944, contributed to the autonomy of Canada. The Suez Canal Crisis, which took place in the year 1956, earned Canada a place in the media spotlight, displaying Canada as a peaceful country that deserves the right to be independent. One of the final steps that aided with Canada’s independence from Britain was the Canada Act of 1982. Independence from Britain steadily increased throughout the 20th century because of political decisions made in Canada.
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. Many legislators present at the constitutional conference in 1981 opposed in varying degrees the entrenchment of a "bill of rights" in the constitution. The premier of Saskatchewan, Allan Blakeney, A preeminent liberal legislator at the time, recognized this potential document as an invitation to judicial review. He feared a conservative judiciary might hinder enlightened policies and sought authority beyond the ambit of an entrenched rights protection act. At the other end of the political spectrum opposition was in the form of an allegiance to parliamentary supremacy as expressed most notably by Sterling Lyon, the conservative premier of Manitoba. Imbedding section 33, commonly referred to as the Notwithstanding Clause, into the constitutional document alleviated these concerns to a degree that permitted their compliance. It is well established that the impetus for the Notwithstanding Clause was of a political nature. To insert this so inspired clause into an intended sanctuary from capricious legislative acts appears tantamount to allowing the fox to guard the chicken coop. Conceivably the same legislative majority that would create the laws abridging rights could exem...
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. 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.
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.
Canada’s parliamentary system is designed to preclude the formation of absolute power. Critics and followers of Canadian politics argue that the Prime Minister of Canada stands alone from the rest of the government. The powers vested in the prime minister, along with the persistent media attention given to the position, reinforce the Prime Minister of Canada’s superior role both in the House of Commons and in the public. The result has led to concerns regarding the power of the prime minister. Hugh Mellon argues that the prime minister of Canada is indeed too powerful. Mellon refers to the prime minister’s control over Canada a prime-ministerial government, where the prime minister encounters few constraints on the usage of his powers. Contrary to Mellon’s view, Paul Barker disagrees with the idea of a prime-ministerial government in Canada. Both perspectives bring up solid points, but the idea of a prime-ministerial government leading to too much power in the hands of the prime minister is an exaggeration. Canada is a country that is too large and complex to be dominated by a single individual. The reality is, the Prime Minister of Canada has limitations from several venues. The Canadian Prime Minister is restricted internally by his other ministers, externally by the other levels of government, the media and globalization.
Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper Human Rights is the Internment of those of Japanese descent or origin during the Second World War. Also the White Paper that was published by the government continues the theme of Human Rights being violated to the utmost extreme. All these events, as well as many others in history, give foundation to the idea that “Canada as a champion for Human Rights is a myth”.
Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the explicit recognition of First Nations rights to their traditional lands, which have a deep societal meaning for aboriginal groups. Several issues must be discussed to understand the complex and intimate relationship all aboriginal societies have with the earth. Exploration into the effects that the absence of these rights has had the Cree of the Eastern James Bay area, will provide a more thorough understanding of the depth of the issue. Overall, the unique cultural relationship First Nations people of Canada have with Mother Earth needs to be incorporated into the documents of the Canadian Constitution to ensure the preservation and protection of Canadian First Nations cultural and heritage rights.s
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.
But she wonders if there is something else other than the spirit of citizenship that could hold the Canadians together. Are there values commonly shared by the Canadians? Chong has found out solution for these questions, and she states, “What sets Canadian society apart from others is that ours is an inclusive society” (Chong, 2015. P. 8). Canadian immigration laws are forward-looking than many other countries, because the Canadian immigrants and the naturalized citizens enjoy status. Canadians understand the importance of “Unity in Diversity”. The inclusiveness is the bridge that connects the Canadians, and this bridge is tempered with the values like tolerance, fairness, understanding and
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:
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.
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...
In Canada’s democratic government, voting is a powerful way for citizens to communicate their values. The leader who is chosen reflects the power of the Canadians’ values. Thus, to the government, every vote matters, assuring Canadians that their opinions matter. Today, Canada recognizes voting as a fundamental right for all of their citizens. The Canadian Charter of Rights effectively protects this right of all Canadians, even minorities, through section 3. “Every citizen of Canada has the right to vote in an election of members of the House of Commons or a large legislative assembly and to be qualified for membership therein”. This ensures equality for vote to all Canadians. Equality is to allow all Canadians equal opportunity, even if they are of different race, religion, gender and etcetera. However, in the past, this fundamental right has not always been accessible to all. In fact, voting was considered a privilege where citizens had to qualify to have the ability to vote. The rules were so strict that only eleven percent of the past population of Canada could have voted, compared to today’s seventy-eight percent. Many of these rules of who could vote and who could not were very unjust. This was especially seen in minority groups who did not have the franchise, the right to vote.. In this essay, it will be seen that the inequalities to vote made racial exclusions, religious exclusions and gender exclusions more pronounced. It will be seen that the government treated certain races with intentional discrimination creating a lack of an opportunity to vote. As well, the government showed prejudice to certain religious groups, denying these groups their ability to vote. And, finally, it will be seen that views against women aided ...
This essay has argued that there are many limitations that the Prime Minister is subjected too. The three most important are federalism in Canadian society, the role of the Governor General, and the charter of rights and freedoms. I used two different views of federalism and illustrated how both of them put boundaries on the Prime Minister’s power. Next I explain the powers of the governor general, and explained the ability to dissolve parliament in greater detail. Last I analyzed how the charter of rights of freedoms has limited the Prime Minister’s power with respect to policy-making, interests groups and the courts. The Prime Minister does not have absolute power in Canadian society, there are many infringements on the power that they have to respect.