Canadian Charter of Right and Freedom and other human rights legislation is an effective tool for the people to ensure and maintain a just society. Canadian Charter of Right and Freedom as the fundation and most important part of Canadain law, is the fundmental of Canada society. Therefore, it is very important for it to be an effective tool to ensure and maintain a just and healthy society. First, the Charter helps the innocence and make sure they are protected. Second, the Charter cannot be infringed upon in any circumstances. Thirdly, the interpretation of the Charter will change, along with the society. The Charter’s job is to protect the right and freedom of the citizens in the country. And the Charter have protected David Edwin Oakes …show more content…
The Charter as a effective tool to a just society, is in favour toward individual rights. The example is the case of R.v. Collins, April 9, 1987. In this case, two RCMP search and seizure Ruby Collins without a warrant, beacuse they suspect that she is in possession of drug. In fact, she did have a green balloon of heroin in her hand. However, the action of the police was unreasonable, aggressive and cruel, most importantly, their action imfringed section 8 of the Charter. Section 8 of the Charter stated that everyone has the right to be secure against unreasonable search or seizure. This section have a direct conflict to the Narcotic Control Act, where it stated a search and seizure without warrant is allowed if police suspects someone is in possession of drug. The result of the this case is that Ruby Collins’ charges were laid off. This is because the heroin was obtained in a manner that infringed the Charter rights, which under section 24(2) in the Charter, the heroin was excluded as edvidence. This case clearly show how the Charter is in favour of individual rights. Heroin may be a threat to the society and public interest, but the Charter is still protecting the rights and freedom of the
The Charter of Rights and Freedoms is an important document that allows us to live our lives without arbitrary governmental control, although there may be certain times when rights should be limited. The R. v Oakes case is a perfect example of this situation coming into play. David Edwin Oakes was caught with an unlawful possession of hash oil and was automatically convicted of trafficking, under section 8 of the Narcotic Control Act. By looking at the Charter, it was clear that section 8 of the NCA violated his right to be presumed innocent until proven guilty, guaranteed in section 11.d. With that in mind, the respondent brought in a motion that challenged section 8 of the Narcotic Control Act. Since the Supreme Court and the Crown were confident that the suspect was trafficking narcotics, they created a four criteria ruling, in order to reasonably limit the rights of the respondent. This is permissible under section 1 of the Charter, which states that “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms…only to such reasonable limits prescribed by law.”2 The respondent’s case passed the first criterion which stated that “the reasoning for limiting the Charter must be proven important enough to override a constitutionally protected right.” The case did not pass the second criterion which stated that “there must be an appropriate connection between the limitation of rights and the objective of the legislation.”2 Therefore, the appeal was dismissed and the respondent was released. After reviewing the case it was clear that even though the suspect did not have his rights limited against him, limiting rights should be used more often in severe cases.
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.
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.
The development of the Charter of Rights and Freedoms was reconstituted in 1982 to allow human rights and responsibilities. The charter emplaces their rights for people to not discriminate against other races or
The Constitution Act, 1876 and the Constitution Act, 1982 are the two official documents that comprise the Constitution of Canada and are the supreme source of law in the nation. According to Craik & Forcese these documents together rep...
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 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
To entrench a charter, the amendment must be approved by the house of commons, the senate and legislatures from at least 7 provinces, representing at least 50% of Canada’s population. Facing such hurdles, advocates of legal change may seek substitute methods. Also those against having an entrenched charter believe that there has always been alternative methods for constitutional change for example, putting an expiring constitution to a majority popular vote or constitutional conventions whenever two or three branches of government by two-thirds votes support textual alterations. Democracy is defined, as the “government by the people; a form of government in which the supreme power is vested in the people and excised directly by them or their elected agents under a free electoral system.” Having a set list of rules, rights and freedoms written in 1982 that are extremely difficult to change doesn’t sound very democratic. To elaborate, minorities have a problem with the a clause in the charter or have something they wish to add it will be very hard for them to make a change. For example, Aboriginal people who’s views, ways of punishment, decision making and the way they deal with criminals is unaccounted for by our charter and because they are a minority it is harder for them to alter the constitution. Therefore the rules, rights and freedoms written in a past society will continue to stand as the guide line for a society with ever-changing views and ways of
According to Thomas Jefferson, all men are created equal with certain unalienable rights. Unalienable rights are rights given to the people by their Creator rather than by government. These rights are inseparable from us and can’t be altered, denied, nullified or taken away by any government, except in extremely rare circumstances in which the government can take action against a particular right as long as it is in favor of the people’s safety. The Declaration of Independence of the United States of America mentions three examples of unalienable rights: “Life, Liberty and the pursuit of Happiness”. I believe these rights, since they are acquired by every human being from the day they are conceived, should always be respected, but being realistic, most of the time, the government intervenes and either diminishes or
Thomas Jefferson once said, “A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference”. The Bill of Rights provided U.S. citizens with the right to bear arms, freedom of speech, the right for the people to be safe in their houses against random searches, and the right for the accused to a public and immediate trial, and many other important civil rights.
Our founding fathers, historians, and regular people have worked hard, fought valiantly, and died to create the country that hundreds of millions of people live in today. People, like George Washington, helped to sculpt a brand new, unprecedented democracy that allows Americans to live freely and happily. When someone is lucky enough to be an American, it means that they are part of a country where they are free, where they have rights and responsibilities as US Citizens, and where they know when to be a leader and when to be a follower.
On August 26, 1789, the assembly issued the “Declaration of the Rights of Man and Citizen.” Through judicial matters, this document was written in order to secure due process and to create self-government among the French citizens. This document offered to the world and especially to the French citizens a summary of the morals and values of the Revolution, while in turn justifying the destruction of a government; especially in this case the French government, based upon autocracy of the ruler and advantage. The formation of a new government based upon the indisputable rights of the individuals of France through liberty and political uniformity.
Rights have been emphasized as fundamental building blocks of the social order of society. These are both moral/ legal norms, which are aimed at protecting people from various forms of abuse. The idea of human rights is often taken for granted, these human rights fall into two categories; legal and moral. When looking at rights one must consider, whether we have rights, what these rights are, where they come from, what it means to have rights and whether or not they are timeless or context specific. On top of this there are two types of rights that will be looked at in relation to gay rights and others in this essay, these are the Utilitarian idea and the Natural idea.