The Importance Of The Canadian Charter Of Rights

Collective rights are what makes Canada uniquely different from the other countries. These rights have grown more equal over time to shape Canada to become a fair and equitable governed society. Collective rights are rights given to specific groups for historical and constitutional reasons for groups such as the First Nations, Inuit, Francophones and Anglophones. As great as it sounds, back in Canadian history back when collective rights were just starting off as treaties and laws, First Nations and the Metis were faced with assimilation. Francophones and Anglophones were given collective educational rights when put in a minority setting. Without collective rights shifting to become better, historical groups who found Canada would have either

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.

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.

2(a), 7, 12, 15, 27 and 28 of the Canadian Charter of Rights and Freedoms?

This was a very major event as The Constitution Act is a very difficult thing to edit or change. Up until this point none of the Canadians rights or freedoms was protected. This law is very helpful today as without we would not be as blessed as we are to have certain rights and freedoms if they were never placed into the constitution act.

One of the most misinterpreted aspects of the Charter of Rights and Freedoms is the freedom of expression. Group organizations have misused this much too often. In the past, many extremist groups have misused this right to protect themselves. A great example is the Westboro Baptist Church. This church is one of the many groups across North America that uses the Charter to protect themselves. The Charter protects them even though their actions and messages are harmful and not beneficial to society. If the Charter was to recognize these groups as dangerous, they wouldn’t have the chance to misuse these freedoms. Also, the fact that if a Canadian citizen were to use the excuse of the freedom of expression to defend their actions, they wouldn’t

Every Canadian citizen can enjoy living in a country today where everyone has equal rights and freedom. Canadians today have many rights and freedoms that they take for granted. The rights and freedoms we have today were only made possible are many struggles that people in the past have faced. Various groups, specifically, Chinese workers, African Canadians, natives and women dealt with discrimination daily. Their battle for equal rights and freedoms amongst everyone has contributed greatly to the development of our nation to what it is 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

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

Justin Trudeau spoke to the political risks of this charter; he says that the PQ has miscalculated her expectations of what Quebecers will respond to. It is a significant factor in the process, some people may comply with this secular change and some will fight back against the

Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the

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.

“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 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

2. The Constitution Act provided aboriginal people recognition of their collective rights and the legal grounds to challenge the denial of their rights by government in Canada. It has assisted them in disputes about land, fishing, hunting, and logging. It has been crucial in preserving their culture and identity.