The Charter Of Rights And Freedoms

1627 Words7 Pages
The Charter of Rights and Freedoms entrenched under the CA 1982 act in the Canadian constitution is seen as a decisive indicator of national identity by the majority of Canadians. The charter’s role in Canadian society ranges from providing individuals with intrinsic human rights such as freedom of expression, freedom of belief and acts particularly as a concrete limit on ‘tyranny of the majority’, advocating and enforcing basic rights of individuals and minorities. It is however worthy to note that CA 1982’s involvement as a platform to increased activism of the Supreme court in Canada is highly controversial. Employing the charter as a basis to the interpretation of different situations, the Canadian Supreme Court has in many occasions…show more content…
This is also represented in a broader manner as to portray a fair balance between a democratic system of governance and a fair judiciary that ensures intrinsic human rights. The characterization of this intra-institutional dialogue is done through two features in Canada’s example. Act 1’s ‘reasonable limitations’ clause, and act 33’ ‘legislative overrides’ clause were both engineered to provide a mechanism of response towards judicial rulings that went against legislative provisions. Such a mechanism establishes a virtual check on the ruling of the Supreme Court, revoking the certainty of final say from the Supreme Court. It is worthy to note that the system of governance in the United States however, known as a ‘strong judicial review’ model does not provide an avenue of dialogue, and invokes final say to the Supreme Court of Justice. Canada was the first country to implement a constitutional bill of rights, the charter. Relative to other countries of the commonwealth such as the UK’s Human Rights Act, and Australia’s Capital Territory’s Human Rights act, Canada’s judicial review has dated the longest on the basis that it has the longest history of judicial enforcement of Human Rights provisions of the Charter. It is argued however by many experts that one of Canada’s main limitations on intra-institutional dialogue between legislatures and Supreme Courts is due to the treatment of

More about The Charter Of Rights And Freedoms

Open Document