On 26 September 2002, Maher Arar, a Canadian citizen who born in Syria, was arrested at John F. Kennedy International Airport while he was waiting for his flight . Mr. Arar was held in solitary confinement without any charges by United States authorities for two weeks without having access to a lawyer. The United States government suspected him of being a member of Al-Qaeda and deported him back directly not to Canada, but to his country of birth Syria, where he was tortured . Arar was held in Syria for nearly a year, during that time he was tortured, until he return to Canada. The Syrian government later admitted that Arar was not involved in anything and he was “completely innocent ”. There are too many questions that need to be answered, …show more content…
The nature of the Charter is to protect Canadian citizens against the state, and it applies to newcomers as well. Prior to the Charter initiated existence, rights and freedoms were protected in Canada by a diversity of laws, including the 1960 Bill of Rights . Although significant, none of these laws were portions of the Constitution and subsequently fail to offer the priority and permanence of the Charter. The Bill of Rights applied only to the federal, instead of provincial laws. The government of Pierre Trudeau in the early 1980s, started the process of patriating Canada’s Constitution, to take it out of the British Parliament hand; the government additionally chose to include within the Constitution a new Charter of Rights and Freedoms. The enactment of the Charter in 1982 has made a social and legal upheaval in Canada. The Charter has expanded the rights of the minorities and changed the way of criminal investigations and prosecutions in Canada, and provides individuals with a broad set of constitutional rights. However, there are questions that citizens should ask themselves as what exactly are those rights? Do the individual rights apply to everyone? The answer to these questions are often complex and depend on the situations, are …show more content…
Is there anything that Canadian government would like to hide from the public? Under which authority the RCMP and Canadian Security Intelligence Service did act? The Maher Arar case is an example of many other cases that has been violated the Charter by Canadian government. This essay will briefly going through the Charter of Rights and Freedoms and point out which section in the Charter has been violated. Then it will discuss the Anti-Terrorism Act of 2001, which rushed through Parliament in the midst of panic and it was ratified by the federal government so fast? Afterward, the essay continues with main focus on the Maher Arar case and events, from capturing him in New York to his release and coming back to Canada. Then the essay analyses the case by making connections between the Anti-terrorism Act and the Canadian Constitution and the authority’s violation to the Constitution and Canadian Charter of Rights and
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.
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.
On 26 September 2002, Maher Arar, a Canadian citizen who born in Syria, was arrested at John F. Kennedy International Airport while he was waiting for his flight . Mr. Arar was held in solitary confinement without any charges by United States authorities for two weeks without having access to a lawyer. The United States government suspected him of being a member of Al-Qaeda and deported him back directly not to Canada, but to his country of birth Syria, where he was tortured . Arar was held in Syria for nearly a year, and during that time he was tortured, until he returns back to Canada. The Syrian government later admitted that Arar was not involved in any terrorist activity and he was “completely innocent ”. The RMCP has admitted that it worked with the CIA during the Maher Arar affair. Ottawa authorities had demanded, keeping a lid on the fact that Canada was working with the CIA on the issue, arguing such affirmation would conflict with national security. There was no such remorse over referring to help with the Federal Bureau of Investigation, however the government chose the CIA, a surreptitious spy organization, merited more prominent assurance in view of its distinctive tenets of engagement .
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 purpose of this act is to encourage and monitor the sharing of information between Government of Canada institutions in order to protect Canada against activities that threaten the security of Canada, but this bill not only fails to fix those flaws, it recreates and causes more underlying problems without adding any meaningful safeguards to ensure the expansive powers it grants will not be similarly abused. The bill allows information sharing across 17 government institutions for a wide range of purposes, most of which have nothing to do with terrorism. After the bill was passed, it has raised serious concerns regarding the potential impact is has on the basic civil liberties of all Canadians. The new legislation significantly expands CSIS’
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
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
This law also has more updated rights than the previous one ensuring everyone in Canada to have a safe environment to live in. canadian charter of rights and freedoms is important to be understood today because first of all this law still exists which means it has been acknowledged by many people and nobody had a problem with it. second it sets out civil rights Canadians believe are necessary in a free and democratic society resulting in everybody being able to take part of it since they are canadian citizens. The historical significance fits into this because: As a result of this law it had affected many people: ex Every citizen of Canada has the right to enter, remain in and leave Canada is one of the acts. This insures that everyone is equal.
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 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
Signed in 1982, it is what we have based our government and laws around. It contains many provisions that allow us the freedoms we use everyday and sometimes take for granted. Individual rights make up the largest part of it and are promises made by the government of what we have the right to do. The Charter includes fundamental freedoms such as, freedom of speech and freedom of peaceful assembly. It also included a plethora of other rights as well, like the right to enter and leave the country freely. It also dictates how some parts of the government should be run, like when parliament must meet. While many other countries do not have the same rights and freedoms we have, this helps our quality of life. In the Charter of Rights and Freedoms, there are also collective rights for our First Nations and heritage groups. Furthermore, Canadians quality of life is improved and they are protected with the Charter of Rights and freedoms and everything inside of
The charter of rights and freedoms protects the rights of Canadians right to be treated equally in the charter of rights and freedoms the mobility rights to be able to travel anywhere in Canada whenever you want as long as you do not have a criminal record and are able to travel.
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 repercussions of subjecting a person, especially an innocent one, to certain harmful coercion techniques are serious. Individuals that have been put through torture techniques are often faced with deep psychological and, not to mention, physical health issues as a result of their experiences. One notable case that demonstrates the effects of torture on the mind is the case of Omar Khadr. Khadr, who is now 23, was imprisoned at Guantanamo Bay at the age of fifteen. Khadr is a Canadian citizen who was born in Toronto. Ethnically, he is Egyptian and Palestinian. Born into a family that was heavily involved in terrorism and fundamentalism, he had seen and taken part in some questionable activities, albeit, oblivious as he lacked a good moral compass due to his young age and his upbringing. During a four-hour firefight with militants in Afghanistan, American soldiers
In the midst of the October Crisis Pierre Trudeau handled the time of terrorism well. In this essay one will see how Trudeau handled the crisis excellently by examining the first domestic use of the War Measures Act which led to improvements on the Act, ensuring that Quebec did not become its own independent country, and how Canada stood behind and supported Quebec and Pierre Trudeau through the acts of violence led by the FLQ.