The Charter Of Rights And Freedoms

Decent Essays

The Charter of Rights and Freedoms has significantly enhanced the power of the judiciary in Canada. Within the Supreme Court of Canada judges have been given the judiciary power and this amount of power is not excessive. Again, in the Supreme Court of Canada judges are federally appointed. Most of these appointments are made by the minister of Justice after Cabinet consultation and approval. In some other cases, appointments are made by the Prime Minister.

Judges are public officers chosen to rule and administer the law in a court of justice. Whether it comes to cases that have to do with criminal prosecutions or civil lawsuits, the job of the judiciary is to serve as a fair and unprejudiced judge. Judicial power is given in order to …show more content…

Judges are specifically selected for a reason; therefore, they deserve to have the amount of power given. The abstract idea of judicial independence is within the Charter, and it assures that everyone claimed of committing a crime(s) that their case will be dealt with by “an independent and impartial tribunal.” The concept of independence is extremely important to encouraging public trust and confidence in the objectivity, rationality and fairness of the justice system. The Canadian Constitution equips that the judiciary is separated from and stands alone of the other two branches of government, which includes legislative and the executive. So this separation means that the government is the structure that creates laws for Canadian society, and the judge is to enforce and interpret those laws. This way of looking at what a judge really does makes it extremely easy to see that a judge is only mandatory when it comes to society. We need judges and judges need the amount of power that the Charter has described them to have.

When it comes to making decisions in the court, one must remember that laws are not made by the courts, they only make decisions based on existing laws that have been passed. Charter controversy is inevitable, and this is because of the amount of freedom and how specified this freedom is. Since our freedom is able to apply to every person and race, ethnicity and what they believe in, it will cause of

Get Access