Canadian Charter of Rights and Freedoms

Since its inception in 1982 the Canadian Charter of Rights and Freedoms, very much like its primary architect Pierre Trudeau, has been one of the most celebrated yet controversial elements of Canadian politics and governance. Revealing how this dynamic emerged requires a nuanced understanding of the motivation behind the Charter and the techniques it employed to succeed. The Canadian Charter of Rights and Freedoms, like the entire patriation process, was motivated by and mobilized support through

The Canadian Charter of Rights and Freedoms was established in 1982 and was put into place by the Trudeau government. The purpose of the Charter was to protect the rights of Canadian individuals and to establish independence from Britain. However, one section of the charter sparked much controversy, this was section 33, also known as The Notwithstanding Clause. The purpose of this clause was to allow the state to override a right protected by the charter, for various reasons. These reasons include

principle by entitling an accused of even the most heinous crimes to civil liberties and processes as not to compromise the criminal trial process. A fair trial is an intrinsic right of all members of society making it fundamental to our being, and is ergo ensured to us all under s.11 of the Canadian Charter of Rights & Freedoms. Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of the

Basing the Basics on a Belief in Something Bigger The Canadian Charter of Rights and Freedoms, implemented in 1982 outlines the rights and freedoms that Canadians have as citizens of this country. In this paper I will ask whether we need such a charter, whether we can trust the interpretation of the Charter by the Supreme Court and how the Charter balances power in a democratic way. I will then contemplate the foundational place morality holds in the lawmaking process. In all of this I argue that

The Canadian Charter of Rights and Freedoms is an important milestone in Canadian history. An effort through rigorous debate and compromise gave birth to this document that defines our collective values and principles by guaranteeing and protecting the fundamental rights of its citizens. Prior to the Charter, there was no gurantee in Canada that rights and freedoms would not be taken away by legislation. The Charter also allows courts to render the constitutional duty so that any decisions made are

The Canadian Charter of Rights and Freedoms simply referred to as the “Charter”, is a significant document in regards to the Canadian constitution. Its primary aim is to uphold individual rights and freedoms and promote equality in administering justice. However, its passage in 1982 has led to increased controversies given that the Charter gives courts more power in interpreting its provisions while sidelining the legislature (Boyd 118). This means that the advent of this Charter was the end of parliamentary

Rainbow Nation of South Africa in 1994, the first democratically elected government was tasked with drawing up a new constitution that would properly enshrine the human rights that had so long been denied the majority of citizens. One source drawn upon in developing the new constitution was the Canadian Charter of Rights and Freedoms, itself then little more than a decade old. It is not necessary to be a constitutional scholar to detect many similarities between the two; indeed, Canada’s pride in this

In 1985, Canada implemented the Canadian Charter of Rights and Freedoms. Under Section 15 of the Charter, all Canadians regardless of their (1)“race, national or ethnic origin, colour, religion, sex, age or mental or physical disability” were officially given the right to be protected by the law, and benefit from the law without discrimination. The Charter of Rights and Freedoms (2)“reflect the fondest dreams, the highest hopes and the finest aspirations of Canadian Society” and although “Sexual

Freedom of expression, set under section 2(b) of the Canadian Charter of Rights and Freedoms, is one of Canada’s most valued rights in the bill of rights of the Constitution. It has paved the way for the society in which thirty-five million people reside today. With this level of influence and admiration, it is truly a fundamental right. However, many ground-breaking cases have illustrated the need to limit freedom of expression. A prime example is the landmark case that took place in 1990 surrounding

The Supreme Court of Canada uses the Canadian Charter of Rights and Freedoms to limit the scope of legislation and administrative power by implementing section one of the charter; which results in an open dialogue between the government and the courts on various legislation deemed unconstitutional. In this essay I will discuss the extent in which section one of the Canadian Charter allows the Supreme Court of Canada to dictate legislation, how they go about narrowing legislation and administrative