Essay on The Issue Of The Canadian Constitution

Essay on The Issue Of The Canadian Constitution

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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...


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.... 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.

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