The Charter Of Rights And Freedoms

2537 Words Mar 15th, 2015 11 Pages
This essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it 's hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematic judicial activism in the eyes of those who oppose it. In the next few paragraphs, I will define my terms, introduce a brief history of the charter and the notwithstanding clause and describe the positions from both sides regarding its use, importance and ultimately if it should be included as section 33 or removed altogether. Overall, this essay will explore the reasons for and against the notwithstanding clause based on its position and past use within the Canadian Charter of Rights and Freedoms. The notwithstanding clause is a contentious clause in the charter that is written into the constitution of Canada. The Canadian Charter of Rights and Freedoms is a bill of rights that has been entrenched in the Constitution. The charter forms the first section of the Constitution Act of 1982. The Charter guarantees certain political rights and freedoms to Canadian citizens as well as the civil rights of everyone who lives in Canada. These civil rights include the policies and…
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