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The Charter Of Rights And Freedoms Essays

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

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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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The Evolution of the Canadian Charter of Rights and Freedoms and Human Rights in Canada

2009 words - 8 pages The Honourable Madam Justice Claire L'Heureux-Dube of the Supreme Court of Canada said, "equality isn't just about being treated the same, and it isn't a waiting to be solved. Rather, it is about equal human dignity, and full membership in society. It is about promoting an equal sense of self-worth. It is about treating people with equal concern, equal respect, and equal consideration. These are the values that underlie equality. These are the...

The Charter of Rights and Freedoms

1401 words - 6 pages The Charter of Rights and Freedoms has fundamentally shaped Canadian society since its inception through the Constitution Act of 1982. Promising egalitarian, linguistic, religious as well as other basic rights, the Charter of Rights and Freedoms is one of the primary doctrines in which Canadian law is founded upon. Many have argued that the advent of the Charter has transformed Canadian society into one that is preoccupied with that of rights....

Charter of Rights and Freedoms

2032 words - 8 pages (1) The Charter protects a range of rights and freedoms, but these rights often conflict. In some instances, courts are called upon to weigh competing rights. In your opinion, is freedom of religion or freedom of expression more important? Why? Use case law examples to support and defend your argument. The Charter of rights and freedoms focuses on many fundamental rights of individual, but often these rights conflict with one another. When such...

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

1587 words - 6 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 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,...

Canada’s Charter of Rights and Freedoms

1294 words - 5 pages 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...

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

1393 words - 6 pages 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...

How effectively does Canada’s Charter of Rights and Freedoms protect Individual Rights?

1323 words - 5 pages 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 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 and its people. The Charter of Rights and...

Bill of rights vs. Canadian charter.

3058 words - 12 pages It is in this vein that a country drafts legislation to protect the rights of their inhabitants. In the United States there is the Bill of Rights of 1781, which consists of a preamble and the first ten amendments to the United States Constitution, 1787. In Canada there is the Charter of Rights and Freedoms, which is the first part of the Canadian...

Rights and Freedoms guaranteed in the Charter should be limited. They should not be absolute. Discuss.

636 words - 3 pages This essay states and explains the reason behind this statement. It explains some of the Charter's effects and limitations. I have examined several ponit of views in this esssay such as the historical point of view, the moral/ethical point of view and the current point of view. I have supported and explained these points through a well know quote about absolute power by Lord Acton,an English historian.Lord Acton, an English historian,...

Legitimacy of judicial review under Canadian charter of rights and freedom

837 words - 3 pages Since the change of BNA Act of 1867 to Constitutional Act of 1982 and the entrenchment of Canadian Charter of Rights and Freedom, the role of Supreme Court of Canada has enormously expanded in both legal and political realms in Canada. Before the Constitution Act of 1982 and the entrenchment of Charter into the constitution, the courts largely dealt with matters regarding the division of power between federal and provincial government. However...

Changing Rights and Freedoms of Aboriginal Australians

529 words - 2 pages Before the referendum/land rights and native title, the Constitution made two references to the aborigines. This meant that the Aborigines weren’t able to vote and were excluded from the census. The federation of the six colonies then believed that the aborigines were becoming a dying race.They aborigines had no rights or freedom and say and were also discriminated by the Australians. Which they were also regarded as non Australian...

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