Essay on The Canadian Charter of Rights and Freedoms

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 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.

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 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.

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 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

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 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

Three decades ago, honorable Prime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and is really something that Canadian take a pride in. The Canadian Charter of Rights and Freedoms brings up many questions, but the biggest and most common question is How effectively does Canada’s Charter of Rights and

The Charter is divided into categorized sections that have different sets of rights or freedoms, but they all come together to complete one job and that is ensuring every Canadian’s rights and keeping everyone safe. The greatest impact of the Charter has always been in the area of criminal law. Charter-protected legal rights mean more prominent protections for accused people, including the right to speak to a lawyer, to not be detained subjectively, and to be free against unreasonable search and seizure (Significance 1; sec. 5, para. 1). These things really makes Canada a fair and just country. But, although the greatest impact of the Charter has been

Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper

The Canadian Charter of Rights and Freedoms (herein referred to as the Charter) as well as the Canadian Human Rights Act stipulates that everyone has the right not to be discriminated against. Moreover, the Human Rights Commission defines discrimination as ‘an action or a decision that treats a person or a group negatively for reasons such as their race, age or disability.’ Furthermore, the Charter states:

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.

1). Firstly, Pierre Trudeau`s creation of the Charter of Rights and Freedoms developed individual freedom through legal changes (The Canadian Charter par. 5). According to this charter, it`s purpose was to destroy racial barriers that prevented equal rights among one another, by not considering factors such as race, skin colour, opinions and beliefs (par. 5). Pierre Trudeau has spoken about the Charter of Rights and Freedoms and Pierre Trudeau claims that “I hope Canada`s presence in the world would be judged by...it`s humanitarianism” (qtd. in Gwyn 74). With this in mind, it is very clear that Pierre Trudeau believed this charter would reshape Canada`s worldwide presence and add to Canada`s identity. In addition, the creation of the Charter of Rights and Freedoms emerged from his respect for individual rights and belief in equality. In brief, this charter created unimaginable fairness and justice for citizens of Canada and it was especially useful to minority groups. Secondly, the Charter of Rights and Freedoms has been recognized as a national foundation for Canada and has grown into a widely respected bill of rights among the entire world (The Charter proves par. 1). As a result, many countries drew influence from the Canadian