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” …show more content…
This is better known as the ‘Notwithstanding Clause’, and has several pros and cons for Canadians. Some of the pros include that the bill ensures that the balance of power stays within the elected government instead of within the courts, the threat to individual rights is minor because of the five year limit on any use of it, and that only some, not all rights are subject to a possible legislative override. The most controversial pro is the fact that that the bill ensures that the balance of power stays within the elected government instead of within the courts. Many feel that it is very valuable that the courts play a role in the elaboration of rights and freedoms, however it not proper for them to act as legislators. In Canada, there is very little evidence that judges are ever selected based on how it is believed they would rule in certain cases, however, if the notwithstanding clause did not exist and the judges did act as legislators, it is safe to believe this would change. The second pro is that the threat to individual rights is minor because of the five year limit on any use of it. This override power is temporary. Any notwithstanding clause declaration expires after five years, but can be re-enacted indefinitely if the government wants to extend the period past the five-year term. The final pro is that not all rights are subject to a possible legislative override. The notwithstanding clause can only override fundamental freedoms (section 2), legal rights (section 7-14), equality rights (section 15), democratic rights (sections 3-5), mobility rights (section 6), language rights (sections 16-22) and minority language education rights (section 23). Although some may argue that this is a lot, many also believe it could be much worse. There are thirty-four sections of the Canadian
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.
The War Measures Act was declared for the third time in Canadian history (but for the first time for domestic use in the country) for the October Crisis in 1970. The terrorist group Front de Libération du Québec (FLQ) kidnapped the British trade commissioner James Cross and The Quebec Labour Minister, Pierre Laporte and the group also murdered Pierre Laporte. This crisis shocked everyone and it led to the command of the War Measures Act. Pierre Trudeau’s decision to pass the War Measures Act was a very necessary and a strong step due to the acts of terrorism. I agree that his decision was right and the act was justified because of three reasons which are that the act dealt with the greatest terrorist attack in Canadian history, the majority
This act resulted in diversity being brought into Canada because; now people from outside of the “British Nations” were granted permission to have a better life. This is one of the acts the Trudeau is well known for. Trudeau’s act still exists today and because of him many second generation families were able to establish in Canada. These acts of determination proved to the world that Pierre Trudeau was indeed an outstanding
Pierre Trudeau was one of the iconic leaders of Canada who brought forth a new verve of energy in the country. It was his charismatic personality coupled with revolutionary ideas and beliefs that helped him climb up the ladder to serve the most prestigious and responsible chair of the country. Pierre Trudeau was born on October 18, 1919 in Montréal, Quebec. His terms of office were from April 20, 1968 to June 3, 1979 as well as March 3, 1980 to June 30, 1984. Pierre Trudeau had been a Liberal political party leader from 1968–1984.
In order to overcome this challenge, the “notwithstanding” clause was added to the Charter that allowed for Parliament or the provinces to be released from certain parts of the Charter. The provinces also gained a sense of security through the amending formula, which meant that any changes to Charter laws required Parliamentary agreement, as well as the agreement of seven provinces that represent at least 50 percent of the total population of
It is true that the history of law offers us an understanding how the law evolves and change with time and place. Both the source of narcotics legislation and the Kathryn Burn’s article (Notaries, Truth, and the Consequences) somehow help us flesh out our understanding of sources of legal philosophy. Moreover, both examples somehow go beyond the traditional sources (Statutes, case law, custom, books of authority) of law. As Canadians, we require recognizing that these traditional roots of law stem from various European system by explorers and settlers.
Joseph Philippe Pierre Yves Elliot Trudeau was the 15th Prime Minister in Canada. He is recognized for his significant impact on Canadian politics because it brought a refinement to Canada for a better promise. He remains well renowned since he gave English and French language an equal status. He provided Canadians political rights and civil rights for citizens and non-citizens alike that lived in Canada. Also he allowed enhanced multiculturalism in the country.
Like many articles on Aboriginal Peoples issues, Anna Banerji’s CBC article “Improving Indigenous Health Starts With Reconciliation” (Banerji, 2015), is a critique on the treatment of Native Peoples in Canada. Her main thesis focuses on the inequality that exists in Canada, by underscoring the biases and discriminations perpetrated on Indigenous Peoples, in terms of basic human rights. Banerji’s advocacy, although commendable, leaves an empty space, in terms of both a governmental (policy) perspective, and her own assertion’s credibility, due to her writing style and content. These ingredients are essential for an understanding by the target audience (Canadians, in general), as it could allow for a powerful critique on the human rights violations
Some Canadians believe that we should abolish it. Others could
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.
The monarchy in Canada is a continuous debate among the politicians and individuals. This paper aims to present the advantages and disadvantages of the monarchy in Canada. This way will enable us to take a clear position. First, Canadian politics are known for their divisive attitudes, and it is very hard to get consensus on decisions. The Queen plays the role of reference for the Canadian politicians and their decisions.
The Senate in Canada should be abolished Introduction: Canada senate is a part of legislation institution in Canada, which represents the interests of upper class people. Different from America, it is not produced by election but directly-nominated by the premier and appointed by governor. Senate, governor, and the House of Commons are like three legs of a tripod which constitute the congress and legislation system in Canada. Senate undertakes the responsibility of proposing expostulation to governor and cabinet, which acts the role of supervision and restriction. Senate played critical role when Canada established federal government in 1867, the diversity of senators warrants the smooth convey of popular will to governors and legislators coming from different ethnic group and social status.
4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.
The Charter is the center to which all Canadian rights circle around. It is what allows Canadians to freely express themselves. The Charter protects the rights and freedoms of every single individual in Canada. However, the Charter is especially large and covers many topics and so it tends to conflict itself. Seen in the case of speaking rights where, freely speaking about a topic can to lead to hate speech which can be a criminal offence.
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