A Brief Note On The Canadian Charter Of Rights And Freedoms

The Canadian Charter of Rights has been entrenched in the Constitution Act of 1982 since 1982 and affected the lives of countless Canadians ever since it was passed, with most if not all of the effects being positive. This can be proven by the fact that the act that the act has only faced two amendments in the 35 years it has been in effect. Furthermore, the Charter of Rights and Freedoms has five components; Fundamental Freedoms, Democratic Rights, Mobility Rights, Legal Rights, and Equality Rights. All of these were designed to make sure that Canadians face no discrimination, and are not denied any basic rights. This can be seen by seeing how much the quality of life for Canadians has increased over the time the Charter has been embedded in the Constitution, by how much the Charter actually does protect the rights of Canadians.

However, in order to eliminate homelessness as a crisis in Canada, these individual factors must be analyzed alongside the structural influences that lead to homelessness. According to the literature, structural risk factors that contribute to homelessness are: transitioning from an institutional placement into the community, social policies such as a lack of affordable housing and the dismantling of national housing strategy, transferring the responsibility from federal to provincial governments, and discrimination (Gaetz 2010, 22; Piat et al. 2015, 2368). By acknowledging these structural risk-factors as contributing alongside individual factors, a social ecological viewpoint proves effective in preventing homelessness (Piat et al., 2379). As the literature suggests, the “social ecological perspective provides a lens for understanding homelessness in Canada as a complex social issue that warrants a coordinated response across sectors, levels of government, and society” (Piat et al., 2380). By considering the issue of homelessness across all levels of society, we are better prepared to formulate a proper and effective solution towards the national

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

Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper

Article 25 of the Universal Declaration of Human Rights asserts that housing is a fundamental component to a decent standard of living, yet few city governments--even in the most developed economies--have proven themselves capable of ensuring such a basic right to their constituents (United Nations, General Assembly). Ranked 49th among the 50 U.S. states for its number of housing units per capita, California has notoriously struggled with chronic shortages in its urban housing market. With 118,142 homeless people recorded in 2016, California holds almost 22% of the nation’s homeless population (Fact Sheet: Homelessness in California 1).

The Canadian Charter of Rights and Freedoms (herein referred to as the Charter) as well as the Canadian Human Rights Act stipulates that everyone has the right not to be discriminated against. Moreover, the Human Rights Commission defines discrimination as ‘an action or a decision that treats a person or a group negatively for reasons such as their race, age or disability.’ Furthermore, the Charter states:

In a more recent court decision, Carter v. Canada was a game-changer for the movement to grant Canadians the right to die with dignity. In a unanimous decision, the justices of the high court struck down on the federal prohibition on doctor-assisted dying. It was argued that the law violated the Canadian Charter of Rights and Freedoms. Since the law regarding doctor assisted dying was created because of Carter v. Canada, the immediate and known risks associated with doctor assisted dying are being addressed and managed by establishing a strict but fair criteria for determining who can access doctor assisted dying and the safeguards that are in place to safely administer it. To meet the criteria, he/she must be a competent adult, clearly consent to the termination of life, have a grievous and irremediable medical condition, and experience enduring suffering that is intolerable in the circumstances of his or her condition. Doctors are required to use their knowledge, skill and judgement to assess an individual’s aptness for doctor assisted death, in conjunction with the above-mentioned criteria. We must recognize that within these criteria are sub-criteria’s and there are many steps to this procedure.

The Canadian Constitution, BNA act, Charter of Rights and Freedoms, and the Canadian Health care act are the backbone of Canada’s political system. The constitution is based upon the structure and civil rights of every Canadian inhabitant. It is a written document which states the rules that can run the federal and provincial governments and determine the responsibilities and rights of the cannadian citizens. The constitution was created so if a person has to undergo legal problems they will be treated fairly and equally.

Canada today faces a major challenge when it comes to access to justice. The civil, criminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. It moved from simply being the capacity to litigate, to the quality of outcome or outcome focused. While there have been efforts to reform the system, our courts continues to lack institutional structures that can address change and create a more equitable judicial system both in capacity and outcome.

The Canadian Charter of Rights and Freedoms was established in 1982 and was put into place by the Trudeau government. The purpose of the Charter was to protect the rights of Canadian individuals and to establish independence from Britain. However, one section of the charter sparked much controversy, this was section 33, also known as The Notwithstanding Clause. The purpose of this clause was to allow the state to override a right protected by the charter, for various reasons. These reasons include economic, social or because other rights were found to be more important (Blakeney, 2010) In order for the notwithstanding clause to be put into effect the legislature must declare that they plan to use this clause, and after five years the

Imagine living paycheck to paycheck and having your house be taken away. It’s scary and now you have nowhere to live. It happens to many people, and sometimes, like in the case of the financial crisis, they end up living on the streets a lot longer than they anticipated. “Breaking the Cycle” by Sian Griffiths for New Internationalist discusses chronic homelessness and how the Housing First is helping. Housing First was created to lower the number of individuals living in chronic homelessness and they’ve been successful. Housing First gives homeless individuals permanent housing without any barriers or conditions like sobriety (Griffiths 16). Buying housing and allowing homeless people to move in doesn’t sound like a perfect idea, but the program has an eighty percent success rate which is higher than any other program (Griffiths 16 ). Since Housing First has been so successful in the United States, Canada decided to begin the program in their own country. Canada was experiencing exactly what the United States was a decrease in health care and social services cost. So, not only was this program successful for homeless people, but

Discrimination is a big topic it can be blatantly out of discussion but it is important to stress that people of all race, gender and sex, religion or even sexual orientation. In Canada specifically has done some reasonable set of legal protections to prevent Canadians from being discriminated against but sometimes it is not that easy and things turn out of people’s control and will. The Canadian Charter of Rights and Freedoms is a section of the Canadian Constitution that makes it illegal for the government of Canada, and the provincial government to pass laws that either plainly discriminate against certain Canadians on the basis of their identity. Place an unfair burden on one group over another. The Supreme Court of Canada routinely overturns laws they perceive to be discriminatory on the grounds of Charter protections. Canada’s legislation called the Canadian Human Rights Act that prevents private entities, such as employers, landlords, schools, and stores from discriminating against clients or customers on the basis of identity. Discrimination cases of these sorts are decided by a government known as the Human Rights Tribunal that has the power to issue fines and or other corrective actions. The various provincial governments have their own human rights laws.

As Canada continues to socially progress, the Charter has made Canada struggle to become a more just society. The Charter as part of the evolution of the constitution does not suddenly place Canada in a brighter light where justice is eminent and achieved easily for society as a whole. Likewise, the method of appointing judges to the Supreme Court of Canada (SCC) has forced the judicial interpretation of the Charter to be perceived negatively by the rest of Canada.

The government of Canada provides governance through laws and policy so Canada can be a lawful country, order in Canada is created and protected by canada’s charter of right and freedom in Canada’s constitution so life of canadians are fair and equitable. The charter of right and freedom include democratic, equality, mobility, and legal right and four fundamental freedom include freedom of association, TESM, Peaceful assembly and religion and conscience. The Canadian charter of right and freedom is effective at prioritizing the individual rights and freedom over the common good of all canadians. Furthermore, the canadian charter of rights and freedom protect the equality right of individuals, any law that infringe on individual right can be

The right to vote in a fair election is fundamental to Canadian democracy. While protected under law, there are tactics which have been used to prevent individuals from exercising this right. In the 2008 and 2011 federal elections, some voters received fraudulent “robo-calls,” instructing them to vote for candidates who were not running for election, or directing them to incorrect or non-existent polling stations. This was a calculated act of voter suppression presenting serious consequences for democracy in Canada. First and foremost, it was a deliberate attempt to deprive Canadians of their right to vote. As such, victims of these calls, as well as many other citizens, were left feeling disillusioned with our electoral system and mistrustful of politics in general. This has not been aided by the fact that only one person was ever charged in connection with the scandal. What that has proven, however, is that it is possible to utilize robo-calls to commit election fraud with relatively little consequence. The use of robo-calls poses a harmful impact to Canadian democracy by denying citizens their right to vote, fostering distrust in politics, and setting a dangerous precedent for future electoral fraud.