Canadian Charter Of Rights And Freedoms - 1888 Words

The Canadian Charter of Rights and Freedoms protects the rights of Canadian citizens and provides them with assurance that all Canadians will be treated equally under the law. The Charter claims to guarantee rights and freedoms, fundamental freedoms, democratic rights, mobility rights, equality rights, language rights, legal rights, and enforcement rights, and Aboriginal rights. Although the Charter claims to guarantee the rights and freedoms of Canadian citizens, the government is still able to restrict these freedoms under circumstances. It is not, however, easy for the government to do so as there is a process it must initially undergo in order to restrict freedoms from Canadians. Consequently, some claim that the Canadian Charter of Rights and Freedoms does not adequately safeguard individual rights of Canadian citizens from inequitable governmental or other interference. Section 1 of â€Å"the Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subj ect only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society† (Boyd, 2015, p. 118, para. 4). This section of the charter protects the rights of Canadian citizens by ensuring that the government must justify their reasons to place limits on the rights of individuals and must ensure that their objective is of sufficient importance (Boyd, 2015, pg. 118, para. 6). Luckily, the government cannot simply interfere without the ruling of a judge as theShow MoreRelatedThe Canadian Charter Of Rights And Freedoms1617 Words   |  7 Pages 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 throughRead MoreThe Canadian Charter Of Rights And Freedoms1258 Words   |  6 PagesThe 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 includeRead MoreThe Canadian Charter Of Rights And Freedoms1531 Words   |  7 PagesBasing 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 thatRead MoreThe Canadian Charter Of Rights And Freedoms1613 Words   |  7 Pages The Canadian Charter of Rights and Freedoms simply referred to as the â€Å"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 ofRead MoreThe Canadian Charter Of Rights And Freedoms840 Words   |  4 PagesThe 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. 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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 thisRead MoreThe Canadian Charter Of Rights And Freedoms2016 Words   |  9 PagesFreedom 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 r ights 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 surroundingRead MoreThe Canadian Charter Of Rights And Freedoms1504 Words   |  7 PagesThe Canadian Charter of Rights and Freedoms(CCORAF) Guarantees a Free and Democratic Society The Charter of Rights and Freedoms upholds the individual rights of all Canadians. Agree or disagree with the following statement. The Charter is part of Canada’s constitution; the highest law of Canada, which sets out the framework for how Canada is to be governed. The CCORAF sets out those rights and freedoms that Canadians feel are necessary to maintain Canada as a free and democratic community. The CharterRead MoreThe Canadian Charter Of Rights And Freedoms1635 Words   |  7 PagesThe 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