Benefits Of Canadian Charter Of Rights And Freedoms

Collective rights are what makes Canada uniquely different from the other countries. These rights have grown more equal over time to shape Canada to become a fair and equitable governed society. Collective rights are rights given to specific groups for historical and constitutional reasons for groups such as the First Nations, Inuit, Francophones and Anglophones. As great as it sounds, back in Canadian history back when collective rights were just starting off as treaties and laws, First Nations and the Metis were faced with assimilation. Francophones and Anglophones were given collective educational rights when put in a minority setting. Without collective rights shifting to become better, historical groups who found Canada would have either

The entrenchment of rights in the Canadian Constitution comes after long experience with a system of parliamentary supremacy. The American judicial tradition of treating the written constitution as fundamental law cannot have an instant Canadian counterpart. Thus, it does not follow that the Canadian courts will necessarily claim a role comparable to that of courts in the United States, nor is it clear that the representative bodies in Canada would tolerate such a judicial assertion of power. Opposition by government bodies to the Charter have already occurred in Canada, where the Parti Quebecois government of Quebec invoked the “notwithstanding the Canadian Charter of Rights and Freedoms” clause for the purpose of protecting their language laws from attack under the charter. This report will attempt to note some of the common and distinctive features of the text of the two constitutions as well as to how they differ.

One of the most misinterpreted aspects of the Charter of Rights and Freedoms is the freedom of expression. Group organizations have misused this much too often. In the past, many extremist groups have misused this right to protect themselves. A great example is the Westboro Baptist Church. This church is one of the many groups across North America that uses the Charter to protect themselves. The Charter protects them even though their actions and messages are harmful and not beneficial to society. If the Charter was to recognize these groups as dangerous, they wouldn’t have the chance to misuse these freedoms. Also, the fact that if a Canadian citizen were to use the excuse of the freedom of expression to defend their actions, they wouldn’t

Every Canadian citizen can enjoy living in a country today where everyone has equal rights and freedom. Canadians today have many rights and freedoms that they take for granted. The rights and freedoms we have today were only made possible are many struggles that people in the past have faced. Various groups, specifically, Chinese workers, African Canadians, natives and women dealt with discrimination daily. Their battle for equal rights and freedoms amongst everyone has contributed greatly to the development of our nation to what it is today.

Apart from the other laws in Canada’s constitution, the Canadian Charter of Rights and Freedoms is an important law that affects every Canadian’s rights and freedoms. It was created in 1981 by former Prime Minister Pierre Trudeau to provide legal protection for the most important rights and freedoms. These rights include fundamental freedoms, democratic rights, mobility rights, and legal rights. Most but not all articles included in the Universal Declaration of Human Rights are protected in the constitution. However, if a Canadian feels that their rights are violated, they can challenge laws and unfair actions using the justice system. In my opinion, I believe the Canadian Charter of Human Rights somewhat protects Canadians’ rights and

The Canadian Charter of Rights and Freedoms is without a doubt one of Canada’s most important section entrenched in the Canadian Constitution. The Charter of Rights and Freedoms is a bill of rights enacted into the Canadian Constitution as part of the Canada Act in 1982. However, the Charter was Canada’s second attempt to protect the rights and freedoms of its citizens all throughout the country and on every level of government. The Canadian Bill of Rights, which preceded the Charter was enacted in 1960. However, being only a federal statute rather than a full constitutional document, it had no power and application to provincial laws. In addition, the Supreme Court of Canada only narrowly interpreted the Bill of Rights, therefore rarely unlawful laws were declared inoperative and continued to exist. As a result, the ineffectiveness of the Bill of Rights led to many movements to improve the protection of rights and freedoms in Canada. However, similar to its predecessor, the Charter is not without faults, and loopholes. In some cases, it has even infringed upon certain liberties and democratic rights and freedoms. In other cases, the Charter has incited conflicts between liberty and democracy and raised questions that speculate whether it is truly democratic.

“Section 27 of the Charter of Rights and Freedoms requires that the Charter “be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.” The Official Languages Act has significantly made an effective contribution on Canada’s immigration success. It has allowed Pierre Elliott Trudeau to further expand his ideas on allowing individuals of all ethnicities and races to live their lives freely. English and French languages can be used in all government institutions of Canada, communicating freely within the public area and in the home. Both the English and French languages can be used in debates, courts, schools and any public institution. The importance of the Official Languages Act is to guarantee equality rights such as privileges and status between the French and English Canadians. Nevertheless, Pierre Elliot Trudeau was productive in ensuring the equal opportunities and rights of citizens. In modern day society, Pierre Trudeau’s accomplishments in enacting human rights has significantly improved. Overtime, it has diversified the cultures in schools and other public institutions. More individuals are becoming acceptant of race, ethnicity, homosexuality and religious beliefs. Due to the result of the diversity of cultures in schools, it has brought humans closer to one another and accepting of ones’

My rights as a citizen is that nobody harms it. “All men are naturally born in a state of perfect freedom, equal and independent to act how they want to.” (John Locke, Doc A) Everyone should be treated like they want to be treated. Also from the Declaration of Independence “We hold

Although Canadian electoral system has always undergone periodic reforms, new challenges always accompany electoral changes and therefore the system should be consistently reformed to meet new circumstances.The current electoral system in Canada is a product of a series of electoral changes that have always taken place since the foundation of the Canadian confederation in the mid 1880s. During the early years, the rights of individuals to vote were significantly limited as only white males had the right to vote but only after meeting certain requirements. A secret ballot was unheard, and it was only after a number of changes were implemented that all social groups in Canada were given the right to vote. Even after these changes, electoral

The Charter of Rights and Freedoms upholds the individual rights of all Canadians. Agree or disagree with the following statement.

The necessity to limit the rights and freedoms of Canadians is illustrated and reinforced through the governments use of reasonable limits, ‘notwithstanding clause’ to limit individual rights and freedoms, and the occasional need for the government to have power extended above and beyond the limits prescribed in the Charter.

“The spirit of democracy cannot be imposed from without. It has to come from within”. (Gandhi) A lawful and fair democracy is one that represents the people, where the will of the people is done not where the government’s will is enforced. Here in Canada we believe a democratic government is well suited for its people but like any other system it has its flaws. This country was a model democracy. Canada’s wealth, respect for legal, human and civil rights almost promises that this country has the potential to uphold a legitimate democracy. Reading headlines today concerning the state of democracy in Canada we can see how our political system is slipping. A democracy should uphold the rights of its people rather than the rights of a

Human rights are the right that any individual is entitled under their government, and it can be provided in divergent forms. Thus in Australia, there are no set of ‘Bill of Rights’, comparable to many other western countries that share similar legal values and standards. The American ‘Bill of Rights’ states that the government ensures the freedom of speech and religion, protection from torture and punishment, and the fair procedures of law . There has always been a great debate on whether Australian government should acquire a constitutional Bill of Rights. I believe that it is not necessary to obtain a Bill of Rights as it is not necessary for Australian legal system, and further, it can bring confusion, greater debate and litigations. There are other forms of human rights law introduced into Australian legal system which sets boundaries for the government to respect individual rights. Consequently, it proves the unnecessity for a Bill of Rights in Australia.

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.

How do collective rights, in the past and today, define who we are as Canadians?