The rights and freedoms of every Canadian individual are upheld and fought for through the effectiveness in the Supreme Court. When cases make its way up to the Supreme Court it’s their duty to decipher the right and just judgment, making sure the individual's rights and freedoms have not been infringed upon. The court's effectiveness is able to balance the of the individual needs against society's, ensuring fair treatment of judgment at the last and highest court.…
Throughout history there has been many great pieces of law that have influenced the Canadian Laws we have today, but in my opinion I believe the most influential ones are Roman Law, the Magna Carta and Common Law.…
The laws that were instituted in the Charter, have had a long lasting effect because it still stands to this day. Canada is respected as a nation because of the steps that were taken by Trudeau to improve the rights of Canadians. “Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association,” (Constitution Act 1867-1982, para 2). These are just the fundamentals. Canada also accepts…
Section 33 of the Charter Rights of Freedoms includes a notwithstanding clause that “applies to all government laws and actions”. The notwithstanding clause allows provincial governments or Parliament to override Section 2 and Section 7-15 of the Charter. These sections include the fundamental freedoms, legal rights and equality of Canadians and the declaration of laws using the notwithstanding clause can last for 5 years . However this clause cannot be used to “ignore democratic, mobility or language rights under the Charter” and it best used to establish the rights of Canadians are not being abused. The removal of Section 33 from the Charter of Rights and Freedoms would be more detrimental than beneficial to Canadian society.…
In our respectful submission your honours, we argue that it is essential for all suspects to enjoy the right to legal counsel during interrogation. Both the Charter of Rights and Freedoms and the Oakes test demonstrates that the constitutional rights of having a legal counsel during interrogation should not be violated through law enforcement conduct. First and foremost, the Canadian Charter of Rights and Freedoms seems to recognize the centrality of the right to retain counsel by stating that everyone “has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.” It serves to guarantee that the detainee not only to be informed of his rights and obligations under the law but also to obtain…
e Canadian Charter of Rights and Freedoms, patriated in 1982, is arguably the most fundamental base of law that exists in Canada. Section 2 of the Charter, also known as the Fundamental Freedoms, is a crucial part of the Charter because it protects citizens and gives them the freedom to follow and practice their own religion, have their own beliefs and opinions, express themselves as they wish and gather in peaceful assemblies (Jobb). Section 2(b) of the Charter, also known as the “freedom of expression”, states that Canadians have the “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication” (Class Note, Al-Hassani, 10/10/2014). This freedom is crucial in a democratic society because…
The first part of the Canadian Charter of Rights and Freedoms that we choose for our project is section 8: Search and Seizure. This section guarantees that everyone has the right to be secure against unreasonable search and seizure. There are two parts to this section, one being unreasonable search and the other being unreasonable seizure. Unreasonable search is when your property, belongings, body, is searched without a warrant or without a probable reasoning to believe that the person would need to be searched. Unreasonable seizure is different; it implies that a person’s belongings have been taken from them by a public authority without the persons consent. Many government activities fall under this law, in all the law helps to secure people’s rights to privacy and it keeps government officials from abusing their power. Many may wonder why search and seizure are under the same section. The reason why they are is because they often fall hand and hand. Seizure often only occurs following a search, and searches only occur for the reasoning of wanting to seizure the person’s illegal belongings.…
All Canadians share a similar unified foundation of the values and ethics that should be demonstrated to all people. The Charter of Rights and Freedoms directly progresses theses ideas into a few simple concepts. In this document the Canadian government has outlines the core values that all Canadians share, these values as outlines in source one,demonstrate the ethical nationalism that connects all citizens of Canada. Nations often come into being because of the shared ethics-racial,cultural or linguistic similarities among people. Stated in The Charter of Rights and Freedoms Canadians except all racists, cultural, and linguistic differences therefore have bulit ethical nationalism on the equality of all different nations ethics coming together to…
Canada's dedication to human rights makes Canada one of the best places in the world to live. Canada provides freedom of choice for all citizens and Canada is known for the emphasis we put on equality. With both of these points in mind, one must also consider the best and most prominent part of Canada's dedication to human rights, The Canadian Charter of Rights and Freedoms as an influential part of Canada being such a great place to live. Some of the most important point of the Charter of Rights and Freedoms in the country are Equality Rights, Fundamental Freedoms, and Legal Rights.…
The Canadian Charter of Rights and Freedom is a form of mechanism that ensures that the Canadian government does not do anything that is either undemocratic or against the natural rights in which the Charter is built upon (Source). The Charter does this by giving ordinary citizens the power to defend their rights against any government intrusion through the judicial system. A good example of this is the gay rights movement where gay and lesbian activists incorporated the Charter in their attempt to promote gay and lesbian rights. In other words, they used the Charter to challenge certain discriminatory government legislations and with the help of the Charter, the activists successfully forced the government to amend, change, or strike down…
Canada has a Charter of Rights and Freedoms as part of its law. The laws are a part of the Canadian Constitution that has basic rules upon how Canada runs. It has been around for 35 years by the Constitution Act that took place on April 17, 1982. The Canadian Charter of Rights and Freedoms is the most important law in Canada because no other laws are valid if they do not meet the requirements of the Constitution. The rights of the Charter abide by any person in Canada, however, certain rights as to vote, leave and enter the country at any time only applies to Canadian Citizens. Canada has strengthened its recognition of the LGBT community and Aboriginal Rights by governing different from the Constitution. The Canadian Charter of Rights and…
More than 30 years ago today, one of the most significant developments in the protection of human rights in Canada was signed and entrenched in the Canadian Constitution under the leadership of then Prime Minister Pierre Trudeau. Coming into force on April 17, 1982, the Charter of Rights and Freedoms is the most visible and recognized part of the Canadian Constitution and is intended to protect certain political and civil rights of people in Canada from the policies and actions of all levels of government. Since its enactment in 1982, the Charter has had a powerful influence on Canadian federalism, while also communicating true independence from the former British colony. The introduction of the Charter of Rights has undoubtedly assisted Canadians…
The original U.S. Constitution did not contain a Bill of Rights. This was added at a later date at which time Amendments were also added. Since the creation of this original document there have been several alterations and additions to the Constitution. How these amendments are included and why they were, is vital to understanding the document as a whole. However, the problems of the original document prompted the inclusion of a Bill of Rights. The Bill of Rights has also affected the Constitution in multiple ways. The original document presented problems with changing society that led to later amendments of which the Thirteenth through Fifteenth Amendments are an example and the effects of these Amendments are evidence of justification.…
Our founding fathers who wrote the United States Declaration of Independence and the Preamble of the Constitution carefully chose the words that they connected with the rights that United States citizens would be granted so that the rights could still be applied in today’s society. Some of the phrases and words that were chosen for the Declaration of Independence and the Preamble include the right to unalienable rights, to establish justice, insure domestic tranquility, promote general welfare, and secure the blessings of liberty.…
In the Bill of Rights and the Declaration of Independence, the authors describe the people who are allowed to rule. The Bill of Rights is the first ten amendments to the Constitution, which is the law of the land in the United States. The Declaration of Independence is the document that the U.S. sent to Great Britain to declare their independence from them. The problem with these two documents is that they were written by and for the rich people of the time and hasn’t really evolved with time to accommodate the growing population of lower class citizens. Why would the writers make these documents that are supposed to be for all of the citizens of the U.S. make it almost just for the one percent of the U.S.? Are rich people the only people who…