Essay On Canadian Charter Of Rights And Freedoms

Whether people are homeless and need a shelter to stay at or don’t make enough money to support their families, the Government of Canada helps

The Government of Canada preaches about being a free nation for equality for all yet they continue to ignore the 1200-4000 missing and/or murder Indigenous women in the past 30 years. These women are trapped in a cycle of poverty, abuse and fear and this will only continue to get worse.

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.

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.

Racial inequality inside of Canadian prisons is shocking and sometimes unbelievable when taken into account the percentage a minority group takes up in Canada’s overall population versus behind bars. The injustices against Canada’s First Nations people are unfortunately not just historic, as their mistreatment is still evident today. Despite representing only 3% of the population, First Nations account for about 25% of the prison population in provincial/territorial facilities. More specifically, 31% of the female population, and 22% of the male population were First Nations in 2015. More than one in five admissions to men’s prisons are of Aboriginal descent, and one in three in women’s prisons. Although it can be said that more and more attention has been drawn to this issue by citizens and politicians alike recently, First Nations people continue to suffer from poverty, injustice, and a lack of opportunities compared to the average Canadian citizen. About one in four native children live in poverty, leading to criminal activity, and eventually

The truth is exactly the opposite. Refugees seeking protection in Canada are not threats to security, but are in fact, they are seeking security and protection from threats to their own lives. Refugees all go through a heavy front-end security screening that is done by the Canadian Security Intelligence Service upon their arrival in Canada. It is also much more difficult to enter Canada as a refugee. The refugee process involves security checks, fingerprinting and interviews. Therefore, it is not likely that a person intending to commit crime would choose to go through detailed examinations. The Immigration and Refugee Protection Act refuses refugees if they are found to be inadmissible on the basis of security, serious criminal behavior or human rights violations (Government Of Canada, 2016). It is important to realize that Canada takes the matter of security and protecting our citizens very seriously and as citizens themselves they want to be sure that they are keeping the country they live in very

The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are consistent with those rights and freedoms. The Charter was established firmly in “The Constitution Act, 1982”, with the declaration of this act Canada escaped from the severe practice of concept of parliamentary supremacy. The Charter has an enormous effect on court’s decision power to award justice to important and debatable issues about policies that affect public. In awarding the verdict courts are not even reluctant to rewrite laws that violate the testament of the Charter. The judges have a duty to regulate the rulings of both provincial and federal governments which, disagree with the root value of Charter.

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

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

This provision is monumental in Canadian history as it is a step in treating everyone as equal and attempting to prevent discrimination from occurring. The movement towards equality and legal backing to anti-discrimination lead to the creation of the duty to accommodate faced by businesses, school, other public entities, etc. The goal of accommodation is to ensure a level playing field to allow everyone to have equal opportunity as well as to uphold human rights. The goal of section 15 of the Charter and each jurisdictions equality guarantee is to ‘promote substantive equality and not just formal equality.’ Substantive equality requires a person’s differences and historical disadvantages to be taken into account.

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.

Aboriginals are disproportionately overrepresented in provincial and federal jails across Canada is an issue that originates from race alone. Many studies have concluded as well that the overrepresentation of Aboriginal people in prisons is caused in part by systemic discrimination against them in the criminal justice system. The Canadian Centre for Justice Statistics report: in 2003, Aboriginal people made up 18-20 per cent of all sentenced admissions to jail, but only take up 3.6 per cent of Canada's population (Canadian Centre for Justice Statistics, 2004). As statistics accumulate, it is important to note that the overrepresentation of Aboriginals in correctional institutions is connected with a high degree of social context issues. Based

What does being Canadian mean to you? Safety? Freedom? Maple syrup perhaps? Canada as a nation is perceived as a powerhouse of a country with a great humanitarian force. With the recent influx of refugees, a GDP of $51,958.38 per capita, and a humanitarian Prime Minster, one could definitely say and that Canada appears to be treating its citizens right, on the surface. But, underneath the surface of public perception is the dark truth that 's remained hidden for decades but never been acknowledged . That being, the staggering 1017 Aboriginal women and girls who were murdered or have gone missing between the years of 1980 and 2012, a rate that is 4.5 times higher than any other racial group of women in Canada that continues to grow daily

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