When one hears the name Canada the first thoughts to come into one's head is cold, a-boot, polar bears but most of all freedom. Canada has been known to be a free country for as long as anyone can remember. It has been able to keep this outlook thanks to its amazing and ever changing constitution. A main part of the constitution is the charter of rights and freedoms added by Pierre Trudeau prime minister of canada. The charter lays out the rights of canadians, aboriginal peoples, equalization and how to amend the constitution. It was passed and added to the Canadian constitution in 1982.
A question most people have for Canadians is what would you do without the charter? It is relied on so heavily by the Canadian courts and the citizens,
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Under the pre-Charter Indian Act, Aboriginal women lost their Indian status if they married non-Aboriginal men. These rights were given back to Canadians in the charter under democratic rights sections 3-5 and legal rights sections 7-14. To this day all rights of Canadian citizens and our visitors to canada have laws protecting them. The Charter and Constitution are federal laws that can not be broken by the law, courts or governments in any way. This allows
Canadians to be free and live without fear of their government.
The Canadian Human Rights Act 1977 was the basis for the charter that later came around. This act states that people in canada are protected from discrimination and harassment from employers or services from the federal government. It protects canadians from harassment and discrimination based on age, race or sexual orientations. This Act was changed into section two of the charter under fundamental freedoms. Some Acts like this one where really strong however did not stand strong alone. Once added to the charter and backed by the constitution had a lot more weight in Canadian
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The united nations took great pride in helping Canadians come up with the rights and currently still use it as exemplars for other countries. However, before the charter the UN came out with covenants to help Canadians continue to be a free country. International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights both given power in 1976. They gave Canadian government's guidelines on the laws they could enforce and still not take away basic rights of canadian citizens. However because these where only guidelines they really didn't have much pull in legal situations because there was nothing in any sort of constitution or federal law stating these must be followed. Although these did not have much legal pull in courts, the United Nations was a strong enforcing factor to the Canadian government's.
The Continuing Committee of Officials on Human Rights (CCOHR) was established by the first Federal-Provincial Ministerial Conference on Human Rights, held in Ottawa, in December 1975. Members are responsible for ensuring a continuous implications on human rights issues among departments in their governments, and sharing information and views between
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.
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 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.
Canada was rushed into Confederation way too soon and has had problems due to this. Although through these past hundred fifty years, Canada has survived and is still going strong. Confederation started on July 1st, 1867 when three British Colonies came together to become four provinces. Although Canada went through Confederation, it is not a confederate association; it is a federal state which is not the supposed meaning of Confederation. Canada has evolved majorly since Confederation back in 1867.
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
“Section 27 of the Charter of Rights and Freedoms requires that the Charter “be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.” The Official Languages Act has significantly made an effective contribution on Canada’s immigration success. It has allowed Pierre Elliott Trudeau to further expand his ideas on allowing individuals of all ethnicities and races to live their lives freely. English and French languages can be used in all government institutions of Canada, communicating freely within the public area and in the home. Both the English and French languages can be used in debates, courts, schools and any public institution. The importance of the Official Languages Act is to guarantee equality rights such as privileges and status between the French and English Canadians. Nevertheless, Pierre Elliot Trudeau was productive in ensuring the equal opportunities and rights of citizens. In modern day society, Pierre Trudeau’s accomplishments in enacting human rights has significantly improved. Overtime, it has diversified the cultures in schools and other public institutions. More individuals are becoming acceptant of race, ethnicity, homosexuality and religious beliefs. Due to the result of the diversity of cultures in schools, it has brought humans closer to one another and accepting of ones’
The first way that the Charter has improved the quality of life for Canadians is through its section on Fundamental Freedoms, it ensures that Canadians are guaranteed the right to express their opinions, choose their own religion, organize peaceful meetings, and associate with any person or group. These four subsections have gone miles in improving the comfort Canadians now experience, starting off with the right to express your opinions, this has been a big problem for First Nations when they were taken into residential schools and were not allowed to express their opinions on whether they wanted to be a part of them, as in if they did they would
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
As time goes on, some countries become more relevant in the global sphere while others start to fade away. Canada is a country that only becomes more relevant as time goes on. Since being granted full sovereignty, Canada has had a growing role as a major world player. Much of their international growth has to do with its close ties to the United States and the United Kingdom. However, the country has also undergone huge change and refocusing on a domestic level. With influence from both Europe and the United States, Canada has a very unique system of governing. This paper will focus on a few major areas of Canada. It will look into the history of Canada, the structure of its government, its politics, and many of the major issues it faces today.
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
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.
The Canadian Charter of Rights and Freedoms protects basic rights and freedoms of citizens which are essential in order to keep Canada a free and democratic society. The Canadian Charter of Rights and Freedoms was created by the Canadian government, however, it does not meet the needs of all citizens. Some citizens do not agree with the current rights and freedoms while others would like to add things. A new right that should be added to the Canadian Charter of Rights and Freedoms is the right to sponsor. Everyone regardless of previous records from the past should have the right to sponsor someone from a different country to Canada without having to meet the criteria because they may need extra support, want to provide someone with a better life and it should be a right even when citizens have gone through their punishments in the past.
For an example, the united states have many serious fundamental issues due to lack government responsibility. Donald Trump may be the known has the more racist man in the world due to lack of protection to citizens. This can be hard to have common grounds because of equality and protection. Other rights in Canada has helped Canadians to realize the two most important languages the English, and French which are practiced in many schools today. Other remedies in Canada has been focused on freedoms that have been violated.
It meant that Canada could change its constitution without the involvement of British Parliament. It received royal assent from Queen Elizabeth II on March 29th 1982 and severed all remaining legal ties with Britain. Entrenched in the constitution was the Canadian Charter of Rights and Freedoms. The Charter ensured the protection of fundamental and language rights for Canadians across the country; it also helped Canadians challenge government statutes that were found discriminatory. In order for the Constitution to be amended, seven or two thirds of Canadian provinces, that make up at least half of the nation’s population, must agree – this is also known as the amending formula.