Collective Rights

This charter means that everyone no matter what race, religion, sex, national origin, age or mental and physical abilities they have they are protected. The charter allows people to have basic human fundamental rights that most government rules and regulations were restricting before it came into act. The freedom of speech, religion and to associate yourself with whoever you want are just some of those rights that are being offered with the entrenchment of the Canadian Charter of Rights and Freedoms. Finally the last achievements that Pierre Trudeau did that assisted in making Canada better are the legalization of laws on abortion, homosexuality and lotteries.

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.

Nobody deserves to be a ‘nobody’: unrecognized and unappreciated for their uniqueness. This is the reason why throughout history, Canada has been working to make sure that the Métis are not ‘nobodies’. Canada has provided enough recognition for Métis culture and rights through existing legislation. Historically, the Canadian government, or Dominion of Canada, has acted upon efforts to protect Métis land through legislation. Furthermore, Métis inherent rights to land, hunting, fishing and autonomy have been met with current and improved legislation. The Métis are now recognized as Aboriginal peoples and share the same rights through Section 35 of the Constitution. These pieces of legislation make it possible

The rights of many people versus the rights of an individual is certainly a vexing concept. Like a delicate balancing act; if one side is favoured over the other it causes a rift in the already strained relationship between the minority and majority. Evidently, the justification of taking any side must be valid, according to the theories of H.L.A. Hart. In the past, Canadian law has violated the rights of minorities; however, these violations have decreased in their severity as time has passed on. Some cases where the balance between minority and majority rights is questioned is in The Canadian Indian Residential School System, Bill 101, Equality in the Workplace and The Public Service Act.

Pierre Trudeau made Canada what it is today in a positive manner by creating the Constitutions Act as well as the Charter of Rights and Freedoms. The Constitutions Act started in 1982. The act allowed everyone to have fundamental freedoms. Those fundamental freedoms included: freedom of conscience and religion, freedom of thought, belief, opinion, expression, freedom of peaceful assembly and the freedom of association as stated in the Constitution Act of 1982. The Act also includes mobility rights that include: every citizen of Canada has the right to enter, remain in and leave Canada itself with no troubles at all, and to move into any province with no troubles. The constitution act had equality rights as well, some in which were and are that every individual is equal under the law and has the right to protection of themselves and their families, as well as living with no discrimination based on their race, origin, nationality, religion, sex, age, or disability. The Constitution Act included the Charter of Rights and Freedoms. The Charter of Rights and Freedoms guarantees the right and freedom to reasonable limits allowed by the law and can be certainly justified in a free 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.

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

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.

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

Canada is a huge country located between the Pacific Ocean and the Atlantic Ocean and consists of 10 provinces. This country is the host for immigrants from all over the world with different religions and cultures. It embraces all of these diverse groups of people. It was essential that some arrangements be made to accommodate for these divers groups’ needs and ultimately in the year 1960 legislation of Canadian Charter of Rights and Freedoms was a huge step toward these affairs. The Charter was enacted by the parliament in order to respect each person’s rights and eligibilities in different areas and it is divided into subsections.

Often times, when it came to the discussion on equality within Canada, the actions of Canada were compared to those of the United States, and often times, a comment is made stating that the United States could learn from Canada’s example when it came to racial harmony. However, this idea was often criticized as the racial problems within Canada were just as severe. The respect and the livelihood of the First Nation were violated for years even before the start of the twentieth century. However, the issues of the First Nations were hardly ever brought to light by other Canadians because these issues were often hidden deep within the reserves that these First Nations were forced into. From taking their land away to disregarding their cultures, the government rarely ever acknowledged the needs of the First Nations until they could no longer be ignored. The government continuously stressed assimilation, especially with the Indian Act , and expected the First Nations

My first reason to support the fact that Canada hasn’t affirmed collective rights for the Aboriginal group is the Indian Act and how poorly it treated the Aboriginals. The Indian Act is a federal legislation that is related to the rights and status of First Nations peoples (“status Indians”), which was first passed in 1867. During this time, the government thought that is was appropriate/acceptable to make laws for the First Nations peoples without consulting them. This move connected to Canada’s colonial past, the part where people of European descent strongly believed that their culture and way of life was way more superior to any other culture existing. In other words, they were ethnocentric. Within the Indian Act, it defied who may be registered as a “status Indian” with treaty rights. This meant that the Federal government were the ones who mostly made

The Canadian Charter of Rights and Freedoms which is entrenched into the constitution offers a guarantor of individual sovereignty, which states that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental

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

In the peer-reviewed journal, “Indigenous Peoples and Multicultural Citizenship: Bridging Collective and Individual Rights,” Cindy L. Holder and Jeff J. Corntassel discuss the revaluation, problems, and restrictions of existing human rights instruments while examining the liberal-individualist and corporatist perspectives. This journal was written in response to the fiftieth anniversary of the Universal Declaration of Human Rights, which was “ …. a milestone for universal legal protection of individuals” (Holder and Corntassel 126). When the existing human right means were reexamined due to the anniversary, there were several problems that arose. First, there is the absence of promoting universal acceptance of group rights when compared to