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.
Legal rights, rights that have to do with legal rights. Let’s say you get arrested for a small crime, like shoplifting. The legal rights are there in place for you to have a fair and quick trial by the court that assumes if you as a citizen is innocent until proven guilty. You have the right to a fair trial, and be judged fairly. What does that mean? Well, you have the right to a lawyer, a parent or guardian present, and the right to be free of imprisonment, if you’re innocent.
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This means you have the right not to be harmed by your gender or your age. Until the 1920’s, women didn't have the right to vote and were considered, “things”. Emily Murphy did not like this at all. She challenged the court and it even went as far as the supreme court! Later on the famous five got a lot of attention and finally got the right to vote in 1916. Another example, of unfairness is in 1941 during world war II, Japan attacked pearl harbour. February of 1942 canada's government decided to move all people of Japanese origin away from the west coast. Under the war measures act, more than 20 000 men, women, and children were forced to leave their communities, bringing only what they could carry. The Japanese people were not treated fairly. The government didn’t trust the Japanese, even if most of them didn't do anything. Now a days they are treated fairly because of the Legal freedoms part of the charter of rights and
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 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...
The Canadian Charter of Rights and Freedoms was implemented 1982 has been essential in providing justice for all Canadian citizens. Countless amounts of cases have been decided to create the Charter that is well known in today’s society. Sharon Turpin and Latif Siddiqui were accused of first degree murder and according to the law, the trial was supposed to be tried by a judge and jury. The accused demanded a trial by judge alone because they believed that they were entitled to such a right. The R. v. Turpin case was a significant case that was tough to decide upon because there were many violations of different statutes such as the Canadian Charter of Rights and Freedoms, and the Criminal
A proper analysis of why this is so would require a book-length account of the constitutional and political history of Canada and the United States. It would include but would not be limited to the selection and role of judges, the role of legislatures and political leadership, the attitudes and practices of the police and administrative agencies, and, not least, popular attitudes towards rights, minorities, and government. In short, the whole of a person’s way of life. Bibliography McKercher, William R., ed. The U.S. Bill of Rights and the Canadian Charter of Rights.
Before World War I, equality for woman and men were very unfair. Woman weren’t even legally “persons”; they weren’t allowed to join parliament or the senate because they weren’t legally “persons”, therefore these jobs were occupied by men only. During World War I and World War II, many men had left for war, thus meaning there were many job openings that needed to be occupied as soon as possible, women then began to take on stereotypical male jobs which men thought women couldn’t do or couldn’t do as well. Women showed their capabilities and realized they shouldn’t be considered less than men. In retaliation of not being considered “persons”, women decided to take action. The famous five brought the persons case upon the supreme court of Canada in 1927, which was finally determined by Judicial Council of Britain's Privy Council in 1929. The “persons” case involved women not legally being “persons”. After the famous five won the case, women were legally considered “persons” then women began to join important jobs such as members of parliament and the senate. Along with becoming “persons”, women were beginning to get their right to vote in provinces slowly. In 1916, four provinces gave women the right to vote provincially and, finally, in 1940, the last province (Quebec) gave women the right to vote provincially. Later, in World War II, there was another change in
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.
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
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
Systemic discrimination has been a part of Canada’s past. Women, racial and ethnic minorities as well as First Nations people have all faced discrimination in Canada. Policies such as, Charter of Rights and Freedoms, provincial and federal Human Rights Codes, as well has various employment equity programs have been placed in Canada’s constitution to fight and address discrimination issues. Despite these key documents placed for universal rights and freedoms Aboriginal and other minority populations in Canada continue to be discriminated against. Many believe there is no discrimination in Canada, and suggest any lack of success of these groups is a result of personal decisions and not systemic discrimination. While others feel that the legislation and equality policies have yet resulted in an equal society for all minorities. Racism is immersed in Canadian society; this is clearly shown by stories of racial profiling in law enforcement.
- These rights are natural rights, petitions, bills of rights, declarations of the rights of man etc.
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?
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
These rights included life, liberty, and property, and if you were in the United States, the pursuit of happiness. What these universal rights meant was that no man could be deprived of his life, his property, or his liberty without due process of law. These were the founding principles of the UK as well as the USA and have been added into the constitutions of both nations. However, many of the countries of the world have gone back and looked at these universal rights and have extended this list to also include water, healthcare, and education. In 2016 there are first world countries who offer these additional universal rights like France, Germany, Canada, Sweden, and Japan.
…rights which are inherent to the human being ... human rights acknowledges that every single human being is entitled to enjoy his or her human rights without distinction as to race, [color], sex, language, religion, political or other opinion, national or social origin, property, birth or other status. [To add on, human] rights are legally guaranteed by human rights law, protecting individuals and groups against actions that interfere with fundamental freedoms and human dignity (Human rights for
Everyone has rights. Even animals have rights. Our textbook defines a right as “an individual’s entitlement to something”. Rights may derive from moral standards or a legal system. Three types of rights are legal rights, moral rights and human rights.