The Canadian Charter of Rights and Freedoms first came into effect on April 17, 1982. The Canadian Charter of Rights and Freedoms is one part of the Canadian Constitution, created in 1867. The Constitution is a set of laws containing the basic rules about how a country operates. The Charter sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Canadian Charter of Rights and Freedoms is an effective tool to ensure and maintain a just society as it protects the innocence of people, protects and ensures past laws and states fundamental freedoms, all of which work to create a thriving society. Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts. This corrupt system as some refer to it has many people confused and wondering what benefits are for Canadians. A specific case of the Charter being ineffective is the case Arsenault-Cameron v. Prince Edward
The Top Five Canada (Justice) v. Khadr Do you think the charter should always apply to the activities of the Canadian government officials exercising functions outside Canada? I concur with the Federal court's findings in that, The Canadian Charter of Rights and Freedoms were created to protect the rights and freedoms of Canadian citizens in Canada. Outside of Canada, citizens are protected by international laws between sovereign states. Therefore, crimes committed in other judicial sanctions should be dealt with by their own court of law, without interference of other countries sovereignty. The case of R. v. Cook is an exception; Canadian authorities interrogated Cook, a Canadian citizen, outside of Canada.
I truly believe that The Supreme Court is currently effective at maintaining and upholding the rights and freedoms of Canadians. I think The Supreme Court is necessary and is vital to our society. The Supreme Court brings justice to not only individuals but considers the needs and betterment of society in the R.v. Jordan case, Irwin Toy Ltd. V. Quebec and Saskatchewan (Human Rights Commission) v. Whatcott.
The Substantive law in both Canada as well as in the United States is the Constitutions. Canada’s Constitution is a combination of both
Embedded on the Constitution Act 1982, the CCRF is based on liberalist ideas and therefore guarantees Canadians their rights and freedoms such as equality rights and the right to life, liberty and security no matter their ethnicity and background. Trudeau also claimed that every person should be free to “fulfill himself or herself to the utmost,”. This claim as well as the CCRF embraces individualistic ideologies such as the rule of law, rights and freedoms, and self-interest. Thus, the prime minister encourages both aspects of collectivism and individualism and attempts to inspire Canadians and stimulate national pride and strength and to gain support to his policies. While it includes both aspects of collectivism and individualis, Trudeau is essentially a pro-liberal in that he emphasize that the source of power of a nation depends on the citizens themselves rather than a single person or an elite group.
Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. Bill C-10 is also called the Safe Streets and Communities Act but many believe the title is very misleading. The purpose of this Act is to provide Justice for Victims of Terrorism, Amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and Other Acts. This essay will analyze issues that affect the criminal code and provide the strengths and weaknesses of the Bill, and will also provide justification on why or why not the Bill is favouring for Canada to deal with crime and the judicial process.
Perhaps the most unsettle period in Canadian political history, the Quebec Referendum of 1980 and a vote to the remain part of Canada, led Ottawa to initiate a balancing program to promote Charter Rights, while protecting Quebec’s language and culture. The Meech Lake and the Charlottetown Accord were developed to address this situation. However, through a compare and contrast it can be deduced that the Charlottetown Accord provided the best balance for Charter Rights and Quebec’s need for a distinct society clause. During the 1960’s Quebec began to argue that it was a distinct society due to their language, culture and history.
The new Constitution and Charter were controversial in the provinces, but Pierre Trudeau’s determination
Firstly, it contains the Charter of Rights and Freedoms, the Charter of Rights and Freedoms guarantees rights and freedoms that Canadians believe are necessary in a free and democratic society. The Charter of Rights and Freedoms protects Canadian’s fundamental freedoms, democratic rights, freedom of movement, legal rights, and equality and language rights. The protection of these rights allows Canadians to live their lives free of persecution, it allows all Canadians to live equally, and ensures our democratic values are not infringed on, something that can not be guaranteed in many countries around the world. Accordingly, it ensures we are able to speak without the fear of being convicted of treason, we are able to seek education without the fear of acid being thrown on our face, we are able to practice our religion without the fear of having our houses burned, and we are able to protest without the fear of being jailed. The importance of the Canadian Constitution is the protection it provides Canadians through the Charter of Rights and
The following Charters have recognized the rights of human beings and have laid the foundation for our current governments proving that they are cherished not only in England or the Western World, but by all men everywhere who believe that only
Civic Reflection Issue 1- Change in Point of View The Canadian Charter of Rights and Freedoms is a bill of rights which outlines and protects the basic rights and fundamental freedoms that all Canadians have. These include the fundamental freedoms, democratic rights, mobility rights, legal rights, equality rights, language rights, and Aboriginal and treaty rights. The Canadian Charter of Rights is extremely important to the citizens of Canada as it has given important meaning to the protection of our rights. It makes sure that minorities and vulnerable groups are protected through equality rights.
Canada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.
Women fighting for their equality in society is still an issue in the western and non-western countries. This paper will explore women’s rights such as their employment and health rights in India and Canada as they are still very controversial issues today. India is known as a country with a patriarchal system, where inequality and gender issues of women are more frequently seen as opposed to Canada. Canada is known as a country with various types of people from several ethnic backgrounds and where equality is most commonly seen with a very few exceptions. “Urban India still faces the issue of women’s employment and reproductive rights, however, there are resources such as the ‘Action Aid’s Young Urban Women’ program to help support these poor
The Confederation Congress used a bill of rights to preserve the people’s fiercely desired personal rights, while they used amendments to correct any errors or to edit federal laws and bills as necessary. The Constitution had to adapt to “changing economic and social conditions” (Thompson, 1913, p. 17), and this is exactly the flexibility the Amendments
Section 33 of the Canadian Constitution’s Charter of Right, also known as the “Notwithstanding Clause” has many different pros and cons for Canadians and has been a hot topic for a long time among Canadians. Such a clause within the highest law of our land was bound to stir up controversy in Canada, and there are many people who are both for and against the clause for a variety of different reasons. There were several mitigating factors surrounding the clause as well as players behind it and several effects it had on Canadian people. There are also factors needed to implement such a clause, and there are several effects such a clause have on the government who attempts to use it. The cause was part of what was known as “The Kitchen Accord”
Today, Canada is seen as a multicultural and peaceful nation that has evolved over the course of history. This great nation would never have been possible without the impact that former Prime Minister, Lester B. Pearson left on this country. His achievements and insights profoundly affected and shaped Canada’s nation. First, peacekeeping is an important part of Canada’s heritage and a reflection of its fundamental beliefs that Pearson implemented after dealing with world changing situations and winning a Nobel Prize. Also, his contributions as a liberal leader as well as the flaws and controversy with Diefenbaker did in fact define this country.