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Essays canadas charter of rights and freedoms
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Essays canadas charter of rights and freedoms
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Did you know that when the 15th prime minister Pierre Elliott Trudeau was elected as Canada's new prime minister he stated that his goal was to make Canada a “just society”? Canada is now known as a free and democratic nation which grants all citizens equal rights, laws, and freedoms.
In this essay, we shall be explaining how Canada’s Charter of Rights and Freedoms and other human right laws act as a tool for the people to ensure and maintain a just society. The Charter of Rights and Freedoms guarantees the rights and freedoms of all Canadians. Also, the language act gives both French and English Canadians equal status in Canada. Finally, the Canadian multicultural act protects all cultures and removes any racial barriers in Canada.
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Firstly both people who speak only English or French have an equal standing in the government.Sections 14-20 in the Official Languages act state that “you have the right to be heard by a judge who understands the official language chosen for the proceedings without the assistance of an interpreter” Since Canada has two main languages being French and English, individuals who speak either dialect can have any say in the legislature. Secondly, Part 6 sections 21-23 of the Official languages act, ensures that federal institutions must provide services both in English and French without any delay. The services must also be of equal quality. Therefore both English and French-speaking Canadians are offered services equally and without being discriminated. Finally, both English and French are being taught around Canada in schools. Which allows both languages to be sustained longer. In Quebec, which the main language is French. Is forced to have schools teach English and vice versa in other provinces like for Ontario, where schools have french courses embedded into the system. Since English and French are both the official languages in Canada they are being treated …show more content…
For example, many schools across Canada celebrate Black history month(my school included). Where we can learn about Africans and their heritage. Also in downtown, there are community get-togethers for people of specific religion or who like to be apart of the culture. By allowing Canadians feel free when expressing their religions and ethnicity it truly creates a sense of a just society, where anyone of any religion/culture can feel free to express who they
Since Wilfrid Laurier is a francophone prime minister, the help he brought to unify English and French speakers was significant. His action of compromising French and English in Canada allows the two cultures to come and prosper together. When Laurier finally triumphed in the 1896 election. The main issue at that period was the Manitoba School Question, a complex tangle of French and English language rights. The Manitoba Schools Question punched all the hot buttons of nineteenth century Canadian politics: it was a French-English issue, a Catholic-Protestant controversy, a conflict over the roles of the federal and provincial governments, and a struggle about the proper relationship between church and the state. It brought down a federal government and its shaky and ultimately short-lived resolution was a major defeat for French language and Catholic educational rights outside the province of Québec. So the action of compromising these two languages effectively solved the problem of disunion in the education system. The Balancing Act Wi...
Tensions were already high between English- and French-Canadians, especially after Ontario had stopped teaching French in Catholic Schools, and the conscription crisis only served to increase them.
However, not all was going well in Quebec. The French-English relation was going bad. Many studies showed that French-Canadian Quebecers were earning the lowest wage in all of the ethnic groups in Canada. Other complaints were that the top jobs in Quebec were given to English speaking Canadians. Canada was going through the worst crisis in its history, and unless equal partnership was found a break-up would likely happen.
• "French Language in Quebec and is it changing?." - Online Party of Canada. N.p., n.d. Web. 20 Feb. 2014. .
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. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
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.
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 Rights and Freedoms’ allow Canada’s population to live a free and secure life. This is demonstrated through the fundamental freedoms, which permit the people to freely express themselves and believe in what they choose. Canadians also have democratic rights authorizing society to have the right to democracy and vote for the members of the House of Commons, considering the fact that the House of Commons establishes the laws which ultimately influence their lifestyle. The tools that are used to function a democratic society such as this are, mobility, legal and equality rights, which are what give Canadians the luxury of living life secured with freedom and unity. Furthermore it is safe to argue that ‘The Canadian Charter of Rights and Freedoms’, proves the exceeding level of efficiency that is provided for Canadians in comparison to other countries where major freedoms are stripped from their political community.
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
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 ...
Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?
Since 1914, Canadian Human Rights laws have had a positive impact on helping to shape Canadian identity as one that is welcoming to various minority groups. Being a Canadian citizen provides you with the freedoms to travel, and settle in Canada at your own will and desire. Also, the freedom to express your sexual orientation is welcomed and well supported in many communities. Modern discrimination against categorizing human beings is very slim and everyone of all ethnic or cultural backgrounds are welcome with respect and good intentions. Canada is an extremely welcoming and protective place, in which nearly everything is done to promote equality, and a safe country.
Do you know that despite Canada being called multicultural and accepting, Canada’s history reveals many secrets that contradicts this statement? Such an example are Canadian aboriginals, who have faced many struggles by Canadian society; losing their rights, freedoms and almost, their culture. However, Native people still made many contributions to Canadian society. Despite the efforts being made to recognize aboriginals in the present day; the attitudes of European Canadians, acts of discrimination from the government, and the effects caused by the past still seen today have proven that Canadians should not be proud of Canada’s history with respect to human rights since 1914. First, is because of the attitudes of European Canadians towards aboriginals, which were mostly cruel and inhumane.
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”.
Have you ever needed to go to court? Most citizens do, for whatever reason weather it be for legal reasons or you weren’t treated fairly in the workplace, the charter of rights and freedoms has your back, it has laws placed so you can be protected. There are a lot of rights, such as Legal rights, Equality rights, and a Fundamental freedoms. All these rights affect all Canadians at one point.