The number one factor that predicts the success of a nation is the connection they build with their citizens. A well-structured legal system ensures that the security of the country and its citizens are protected at a high standard. One of the major factors that contributed to Canada’s success and long-lived democracy is the strong legal system that was built from the ground up. The Canadian legal system fulfills an extraordinary job at protecting citizen’s rights and freedoms under the Canadian Charter of Rights and Freedoms. Canada is known to be a cultural mosaic, encouraging and welcoming people from all walks of life and religious belief. All citizens are protected under the Human Rights Act and can approach the appropriate authorities …show more content…
One example of this is the case between Gwen Jacob and the police. “Jacob removed her top to cool off on a sweltering summer day in July 1991” (CBC). She later was arrested for public indecency and shortly released after making the case that she was discriminated against due to her gender, under section 3 (1) of the Canadian Human Rights Act (Government of Canada). The gender equality movement has been one factor that has been influencing modern day society. The out-dated conservative approach to this type of issue would be that it would be okay for men to go shirtless but for women, it was an indecent gesture. Jacob’s efforts prove that women can perform the same tasks as men. This goes to show that the legislature in the Constitution, the Human Rights Act, protects citizens from discrimination regardless the “race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, genetic characteristics, disability and conviction for an offence” (Government of Canada). This case is one of many that prove the citizens of Canada are well-protected and further indicates towards a secure legal
In contrast to the Canadian parliamentary system, which has remained fairly static and unchanged since Victorian times, the Canadian legal system has undergone a tremendous evolution over the last century and a half. When looking at Canadian history in depth one discovers the repeated movement to take power from the superiors or the overruling and place it into the palms of the people. As seen through examples our western law (canadian law) has slowly branched off from the supremacy of God (mosaic law), to the supremacy of the monarchy (bristish law), finally to a realization of the importance of citizen participation in the creating, governing, and administrating of the laws (Greek law).
Subsequently, we are then going to contrast these characteristics, both the pros and the cons, and try to understand the journey to where we are presently in terms of our judicial process. From this we will derive that our current legal system is an adversarial system, but also carries with it a dynamic virtue that on the one hand responds to the needs of Canadian society; but on the other has significant barriers to access that often make the road to justice an unfair fight to begin with. Barriers to justice include a lack of procedural knowledge; economic class; race; mental health; personal relationships; judicial bias; and language barriers. Ultimately, however we will conclude that the current system is structurally
Every woman has the right to moral, legal and political choice. As we look to the past, women fought for the right to be treated the same as men and fundamentally to have the same rights as men. Prior to the turn of the century, women had little to no rights. World War I and II gave way to change, allowing women to work and eventually allowing them to vote. The feminist movement has made drastic progress since the war. Today women are seen as equal and have the right not only to vote, but to be educated. In 1977 the Canadian Human Rights Act ensured that women could no longer be discriminated based on their sex, race, religion or sexuality. The act specified that there must be “equal pay for
This essay will argue why Canada should take a substantive approach to women’s representation in parliament. Having an adequate representation of women in parliament would be a huge turning point for women and allow their voices to be heard. Each woman holds a different view, just like men do. Each gender and person will bring their own view forth and allow for a diverse House. The issue is that women are not getting adequate representation, and therefore are not being able to represent their views. Men have a much larger congregation than women, therefore overpowering the views/ideologies of them. In Canada, everyone strives for equality, and the best place to start is to take a substantive approach to women’s representation in parliament.
Years 1939 to 1945 marked the beginning and end of World War II. Not only was Europe left broken and destroyed, this was also a time of change for North America. Specifically for Canada, World War II was not just battles and deaths, it was also a time period for growth. During World War II, Canada emerged as a stronger nation by events that illustrate growth. This can be seen through the following three examples: the changing role of women, the Hyde Park Declaration and the Battle of Ortona.
Although, Canada offers comparable qualities and values with other countries, The Charter of Rights and Freedoms really separates Canada from other social liberties enactments. The Charter of Rights and Freedoms upholds the diversity of differing qualities of Canadian culture and assures the freedom of individuals that lengthens boundaries apparent to the constitutionalized law. Thusly, contrasted with different nations, Canada’s judiciary performs a huge part in deciphering the law. Considering the Charter of Rights and Freedoms which consists of basic human rights, it is evident that Canada has many significant laws that acknowledge and protect the rights and freedoms including the liberty and equality of citizens.
Canadian women started their path in the military during the first Great War where they played a small but impactful role. They continued to push boundaries and were able to achieve successes such as the creation of the Canadian’s Women’s Corps by World War II. Even with the constant criticism they faced, the female soldiers continued to fight for military equality. Canadian women achieved small successes over time which lead to needed evolution.
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.
In today’s media, countries such as the United States are portrayed as having corrupt legal systems which are responsible for mass incarceration. However, many do not know this is also a problem in Canada. New bills have recently been put in place to incarcerate more people for non-violent crimes. The poor are being kept off the streets by being sent to prison. Different races make up a small population in Canada, but a large population in its prison system.
The unjust treatment of children and women is an issue still largely visible in the world. Children and women play an integral role in the advancement of the economy, thus their mistreatment considerably affects economic growth. The most impoverished communities worldwide see issues such as astronomically high infant mortality rates, lack of education for youth, and a general disregard for their well-being, perpetuate. Evidently, mistreatment of women and children occurs in countries such as Afghanistan, but also in Canada, with the First Nations people being subject to egregious conditions for hundreds of years. One specific type of unjust treatment of women and children is the dearth of birthing assistance for pregnant women in impoverished
In May 2001, a female employee was discriminated due to her refusal to dress in attire which made her uncomfortable. When the woman, whose name is Andrea Mottu started her job as a bartender, she was informed that the dress code is a black top and skirt. However, a couple months prior to her hiring, she received a call from her manager, notifying her that the workplace is doing a beach-themed event, and “she could choose to wear the costume, including the bikini top, or choose not to be paid” (Ireland, Women and Dress Code Discrimination). Andrea refused, which led to her being moved from her position at the job, and getting fewer shifts. This incident is evidently a form of gender discrimination as, according to the Ontario Human Rights Commission, it is gender discrimination to require female employees to dress in attire, such as skin-tight tops or diminutive, tight-fitted skirts. This is also sexism, since the male employees were not presented with such demanding clothing rules, or the need to wear attire that did not follow the usual uniform rules for this
To what extent was Pierre Trudeau’s vision of a “just society” actually achieved in Canada in (and since) the 1970s? Canada is a just society because of the changes to women's legal rights, ethnic minority human rights, and multiculturalism.
On March 8th, 2016, International Women 's Day, Prime Minister Trudeau announced that Canadian Women will finally be appearing, for the first time, on Canadian currency starting in 2018. Although this is a great stride, it makes you wonder about how it took so long for there to be representation of important Canadian females on our money. This kind of gender inequality is something most of us do not think about, as too many people assume we have already have ended sexism and gender related discrimination, but the fact is, we have not.
Poverty is a significant threat to women’s equality. In Canada, more women live in poverty than men, and women’s experience of poverty can be harsher, and more prolonged. Women are often left to bear more burden of poverty, leading to ‘Feminization of poverty’. Through government policy women inequality has resulted in more women and children being left in poverty with no means of escaping. This paper will identify some key aspects of poverty for Canadian women. First, by identifying what poverty entails for Canadian women, and who is more likely to feel the brunt of it. Secondly the discussion of why women become more susceptible to poverty through government policy and programs. Followed by the effects that poverty on women plays in
n response to the criticisms of those who are anti-judicial activism, “supporters of judicial activism say such activism through judicial review is necessary because it allows the courts to step in and fill gaps in the law where minorities are not protected because of political pressures and where politicians are afraid to legislate” . This raises the argument that judges and the judiciary play a balanced activist legislative role in such a way that it protects the rights of minorities from legislation or regulation imposed by the government. Within our democratic system, legislators will pay attention to what the majority wants and they will pursue public policies, which favour the majority. This leaves minority interests vulnerable to the legislations and regulations imposed by the government. By playing an active role, the judiciary ensures that the rights of the minorities are protected and that law does not contravene with the Charter of Human Rights and the Constitution of Canada. Through this kind of judicial activism, the courts strike a balance with the legislatures role. This is not to say that the judiciary takes on the role of policymaking and the legislature, but rather that both institutions embrace what is referred to as a “dialogue” where there is a balance between judicial decision-making and legislative-executive decision making . However, according to MacKay, “it is legitimate for the courts to engage in a form of judicial policy making so long as they do