The Canadian Charter Of Rights And Freedoms

There are higher courts assuring that the judges follow the law at all times. The Canadian Charter of rights gives us our rights and freedoms so people will have their rights protected while in court. A part of democracy is everyone having their rights and this advantage of an independent justice system ensures citizens that they will have them. The rights of the people need to be protected and with higher courts ensuring that they are creating an equal and secure justice system. People will not be afraid to go to court or unsure if their rights apply during the trial. The promise of rights and freedoms is not a threat to democracy, especially if it is helpful and provides for each citizen across Canada. In fact, it also forces judges to be under a law since they are people too. They are not the law, they just enforce it and this rule guarantees that a judge cannot just do whatever they feel like doing and give out unfair sentences or wrong decisions. This provides Canada with a democracy and no threat towards

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 is part of Canada’s constitution; the highest law of Canada, which sets out the framework for how Canada is to be governed. The CCORAF sets out those rights and freedoms that Canadians feel are necessary to maintain Canada as a free and democratic community. The Charter created several constitutional protections for individuals, which apply to all laws and government. However, each right comes with a responsibility that all citizens need to enforce to their daily lives. If all Canadians are capable of taking control over their duties, not only would Canada have a higher quality of life, but take a positive turn in citizenship and identity. The CCORAF is an effective way to address citizens’ needs and wants in society. The Charter states that Canada’s government is justified in restricting rights, only if they are necessary to maintain Canada’s incredible status. Although looked in a wider view, not many rights have been restricted in the past, and to come. Democratic, Equality and Legal rights are all various aspects in which the Charter protects the society’s freedoms and privileges. Voting is an excellent advantage Canadians receive, as not all countries have this beneficial opportunity ahead of them. Compared to other nations, Canada’s

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.

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 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.

In common law, judges interpret the law and judge apply it based on precedent from previous cases; compared to civil law which focuses on written legislature. In Canada, judges are given the chance to be activists. If a judge believes a citizen’s rights, under the Canadian Charter of Rights and Freedoms, are being violated, they are given the power to rule against the unconstitutional law made by the elected branches of government; this concept is referred to as judicial activism (Hausegger, Hennigar, & Riddell, 2015, p. 123). Judicial activism ensures the individual rights of each person are upheld, but the concept is controversial. Judicial activism is problematic because it awards an authoritarian level of power to unelected judges, which goes against Canada’s democratic ideology where elected officials decide and vote on the laws (Cameron, 2009, p. 27). I argue that judicial activism should not be a part of Canada’s judicial process because it gives too much power to the courts and disrupts the democratic process of

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

The supreme court of Canada has overruled numerous laws put forward by the Harper government. In 2010, former Prime Minister Stephen Harper was opposed to the Vancouver Eastside supervised injection site. Stephen Harper took a conservative approach to the issue, he said that “we as a government will not use taxpayer’s money to fund drug use” (Rachlis, 2010). The Prime Minister did not recognize the potential benefits to Canadian society as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights and preserve justice in Canada. Through analyzing judicial review, I will demonstrate how judge’s role is much more than an interpretation of law through exploring the idea of Charter proofing, integrating public opinion in decisions, production of common law and judicial activism that serve in creating a climate that is adaptive to new issues that may arise and free from arbitrary rule.

The Charter of Rights and Freedom is a part of the Canadian Constitution which is a set of laws with basic rules that run our country. Before the Charter was established, the Canadian society was corrupt and unjust, but with the addition of it, Canada grew into a renowned wealthy, free, and equal country. The Charter puts in place rights and freedoms that are necessary for a balanced democratic society and it involves laws and rules that keep citizens protected and safe. It also provides opportunities for social and economic success for not only the people of Canada, but for Canada as a whole. The establishment of the Charter by Queen Elizabeth II on April 17, 1982 was truly the start of a positive, social and legal revolution for Canada that would continue to benefit us and the country even today (Canadian 1; sec. 3, para. 8).

A great Prime Minister should always do what is right for Canada, no matter what obstacle he or she faces. Pierre Elliot Trudeau was undeniably one of Canada's most influential people due to his effort to change our country by creating the Official Language Act, establishing the Charter Rights and Freedom within Canada's constitution and by invoking the War Measures Act during October 1970 Crisis. He achieved many goals he had set for himself which he achieved later on through his years in office.

The inclusion of the Notwithstanding Clause in the Canadian Charter of Rights and Freedoms was an invaluable contribution in the evolution of the liberal democratic state. Not an endpoint, to be sure, but a significant progression in the rights protection dynamic. Subsequent to its passage in 1982 it became the primary rights protecting mechanism, however, its raison d`etre was as a neccessary concession, the pivotal factor allowing the patriation of the constitution. Many legislators present at the constitutional conference in 1981 opposed in varying degrees the entrenchment of a "bill of rights" in the constitution. The premier of

The Canadian Charter of Rights and Freedoms is part of the Canadian constitution, which became part of the constitution in April 1982. The constitution is the supreme law of the land and contains the basic rules about how the country operates. The charter sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society. Occasionally, individuals have their rights denied or violated by the government (both federal and provincial), and even the police that some people thought are tasked with the responsibility of upholding the charter of rights and freedoms. However, this notion is erroneous, as the police are not responsible for such.

F.L. Morton examines the political impact of the Canadian Charter of Rights and Freedoms by comparing pre-Charter practices to post-Charter developments in five different areas: judicial behaviour, public policy, interest group behaviour, federalism, and executive behaviour. Morton presents the Charter through its continuity and change, beginning with the move away from Britain’s “unwritten constitution” and distinguishing the doctrine as constitutional supremacy that still depends on public opinion. He argues that due to the Charter’s constitutionality, Canadian courts are able to have a more active and influential role in interpreting and enforcing the listed rights which is a negative development in Canadian democracy.

Freedom of expression, set under section 2(b) of the Canadian Charter of Rights and Freedoms, is one of Canada’s most valued rights in the bill of rights of the Constitution. It has paved the way for the society in which thirty-five million people reside today. With this level of influence and admiration, it is truly a fundamental right. However, many ground-breaking cases have illustrated the need to limit freedom of expression. A prime example is the landmark case that took place in 1990 surrounding high school teacher, James Keegstra. This Supreme Court case touched mainly upon two sections of the Charter, and one section of the Criminal Code of Canada. These two sections in the Charter included section 1 (reasonable limits), and