Essay on The Issue Of The Canadian Constitution

Essay on The Issue Of The Canadian Constitution

Length: 1020 words (2.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The Canadian Constitution has gone through many significant changes during the time of history. One of the most significant of these changes was the Charter Of The Rights (1982). The Charter clearly stated many important freedoms that each and every one was entitled to. Still the charter contained some sections that were concerning for many scholars and to a very great extent even the general population too. These sections namely were Section 1(limitation clause) and Section 33 (Notwithstanding clause). This paper in particular will focus on Section 33 and it’s various implications that in a worst case scenario might infringe many of the general rights and the freedom under context to Section 1. There is a very normal assumption among the general public that, there general rights are protected under Section 33 , but is Section 33 subject to Section 1. This is what the paper will try to bring a glimpse upon. Can rights of the general public of Canada be infringed under the above sections?

Section 33 of the constitution act of 1982 states that Parliament or the legislature of a province may expressly declare in an act of Parliament or legislature as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in Section 2 or Section 7 to 15 . In short the provision gives exclusive rights to the legislatures and the Federal government to override many rights excluding the some that are stated above. The most important concept in any legal study is to understand the main legislative intent or the objective that the house was trying to address. In case of Section 33 the object was to give more power to the democratically elected government instead of the courts. On the other hand by prot...

... middle of paper ...

.... Their argument states that the government still needs the support of it’s citizen to remain in power. Also the Canadian government had never used it and very surprisingly the Judicial activism have increased after 1982 which implies that people have more confident in their government. Contradicting these claims , there is always a huge possibility of any thing to happen. One might look at the history and can easily figure how predictions fail and gives rise to dictators and people who indulged in widespread chaos.
Does Section-33, expressly gives powers to the legislature or the parliament to shield a statue from the judicial reviews? One can conclude the widespread possibilities of a possible misuse of these legislations in the favor of a government. Thus raising the concern among the general public about the rights and safety of the citizens in such a situation.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Canadian Constitution Act of 1982 Essay

- I found myself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St....   [tags: Canadian Politics]

Better Essays
2232 words (6.4 pages)

The Canadian Charter of Rights and Freedoms Essay example

- 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...   [tags: Canadian Bill of Rights, Politics]

Better Essays
2464 words (7 pages)

Issues with Prime Minister Stephen Harper and Canadian Parliament Essay

- Prime Minister Stephen Harper is not a true representative of the people. Neither an academic nor an average Canadian, Mr. Harper is, first and foremost, a political tactician. He climbed his way to Parliament Hill and the position of Prime Minister along with a minority government in 2006 and has, ever since, used all means necessary to keep that – ever striving for a majority, which was finally achieved in the spring of 2011. However, in 2008 Harper was the source of a prorogation crisis, in which he, out of fear of losing the confidence of the House and giving up his role for an unstable coalition government, requested to then-Governor General Michaelle Jean that Parliament be prorogued i...   [tags: canadian studies, canada]

Better Essays
1981 words (5.7 pages)

Essay on Important Factors Within The Australian Constitution

- The ideas that both Evans and Keyzer identify behind popular sovereignty are important factors within the Australian constitution, but they do not agree with each other’s ideas. This is due to his argument Keyzer pushers enforcing that the better view of relationship is actually between the people and the system of the constitutional government and their reflection of the rule of law to be more inclusive in regards to standing. What Keyzer infers here is that judicial review should allow for forms of anti-governmental expression that comes with the implied freedom within the rule of law ....   [tags: United States Constitution, Constitution, Law]

Better Essays
1220 words (3.5 pages)

The Canadian Charter of Rights and Freedoms Essay

- 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)....   [tags: Government]

Better Essays
1627 words (4.6 pages)

Canadian Media Essay

- In 1968 a Broadcasting Act was passed that forever changed the face of Canadian media. The act, part of an attempt by the Trudeau administration to centralize Canadian cultural activity, replaced the Board of Broadcast Governors with the Canadian Radio-Television Commission (CRTC). The CRTC, much more powerful than the Board of Broadcast Governors before it, did not waste time in making new Canadian content requirements. On February 12, 1970 the commission proposed an increase to the content levels, requiring television stations to broadcast at least 60 percent Canadian content (an increase from the previous minimum of 50 percent), and “30 percent for AM radio” (Edwardson, 200)....   [tags: Broadcasting Act, Laws, Media]

Better Essays
887 words (2.5 pages)

Changing Canadian Identities in the 20th Century Essay

- Changing Canadian Identities in the 20th Century Is Canada a nation or has its control just switched empirical hands. As Professor Hutcheson asked, did Canada go from "Colony to Nation or Empire to Empire?" This question has greatly influenced Canada's changing identity since her birth as a British colony with Confederation in 1867 to the present day. The purpose of this essay is to critically analyse the shifting Canadian identities between the years 1890 to 1960. The objective is to illustrate Canada's transforming identity by using the novels The Imperialist by Sara Jeanette Duncan, Barometer Rising by Hugh MacLennan, and Fifth Business by Robertson Davies and to connect the stories of...   [tags: Papers]

Better Essays
2222 words (6.3 pages)

Comparison of US Bill of Rights and The Canadian Charter of Rights Essay

- BACKGROUND OF THE BILL OF RIGHTS The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its power...   [tags: essays research papers fc]

Better Essays
1400 words (4 pages)

The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms

- The Inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms 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....   [tags: Papers]

Better Essays
1293 words (3.7 pages)

French-Canadian Nationalism Essay

- French-Canadian Nationalism For nearly two centuries the inhabitants of New France lived their day to day lives under the French Regime. The colony of New France was shaped by such institutions as the Catholic Church, and the seigneural system. After the Conquest of 1763, the inhabitants of New France now found themselves under the control of the British monarch. However, the life for the inhabitants of New France, virtually remained unchanged. It was not until the American Revolution, that the inhabitants of New France began to feel the British presence....   [tags: Papers]

Better Essays
2624 words (7.5 pages)