Essay on The Canadian Charter of Rights and Freedoms
1628 Words7 Pages
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…show more content…
The legislative branch is responsible for enacting laws, and the executive branch is responsible for implementing laws. In Canada, the executive branch is represented by the Prime Minister and his or her cabinet, while the legislative branch is represented by the elected members of the House of Commons. According to James Kelly, “With the enhanced role of the Department of Justice and the absence of parliamentary counterweights to constitutional scrutiny, Charter dialogue is dominated by the cabinet to the exclusion of Parliament” (103). The cabinet’s decision to govern with the Charter from the centre will ensure further marginalization of Parliament by the cabinet. Under the Department of Justice Act, the minister of justice must certify that all bills being introduced to Parliament are Charter compliant. Therefore, the constitutionality of a bill is implied by its introduction into the House of Commons, and not in actuality by Parliament. Kelly states, “While the Department of Justice is providing an authoritative statement, it is simply an opinion that the minister of justice receives from the Department of Justice” (105). Moreover, there is limited resources available for parliamentarians to use in Charter
The Canadian Charter Of Rights And Freedoms
Canada's dedication to human rights makes Canada one of the best places in the world to live. Canada provides freedom of choice for all citizens and Canada is known for the emphasis we put on equality. With both of these points in mind, one must also consider the best and most prominent part of Canada's dedication to human rights, The Canadian Charter of Rights and Freedoms as an influential part of Canada being such a great place to live.
Canada is a country where many people treat their freedom of choice as a right and forget that many other people in the world do not have the option to make many of the choices we take for granted. In Canada, we have the right to marry whomever we choose regardless of the race, religion, age, and in many places, the sex of the person we choose 1 . We, as Canadians, have the right to practice whatever religion we please 2. Giving Canadians the right to choose what they believe makes our country what it is, a multicultural wonder. We have the right to choose how many children, if any, we want to have 3. The citizens of Saudi Arabia face a law that banns the use of contraceptives 4. This ban was put into place in 1975 and is still enforced today. Canada is also among the few countries that do not force its citizens to join the military 5. In many countries all over the world the citizens do not have a choice as the whether or not they want to join the military. As it can surely be seen, Canada offers many choices for its citizens. The right to choose makes Canada one of the best places in the world to live.
Not only a land of choices, Canada is a land of growing equality. It cannot be said that everyone in Canada is treated totally equal, because that would be a lie, but as the years progress the government is working towards equality. Already in Canada if a marriage ends in divorce, the possessions and finances are divided equally (or as equally as possible) between the two parties involved 6. Many countries today do not even offer the right to a divorce, and in some places where divorce is permitted, the male party gets all the female's possessions and finances because under law all of her possessions become her husband's at the time of marriage 7. The rights of the Aboriginals are also protected in Canada under Canada's Aboriginal Action Plan 8. The Government of Canada seeks reconciliation, healing and a treaty relationship among...
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