The Importance Of Section 33 From The Charter Of Rights Of Freedoms
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. The amendment
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Section 38 of the Charter outlines the amendment formula which allows for the Canadian government to make changes to the Charter of Rights and Freedom. Section 38 states that amendment to the constitution requires the consent from the Senate, the House of Commons and the legislatures of a minimum of seven out of ten of the provinces, in addition with approval from at least 50% per cent of the provincial population. The Canadian government has other issues that should be addressed instead of amending a part of the constitution that has only been enacted three times. Issues like providing health care and improving the economy should be considered of greater …show more content…
If all political matters were only discussed within the Legislature and the Supreme Court of Canada, there would be many missing voices and opinions on important and controversial topics, and citizens would not be aware of what matters are being discussed in parliament. The press bridges the average Canadian and their government, making the actions of parliament transparent and well known. Without the press, Canadians would not be well-informed about the actions and policy implementations of our government. News stories are being constantly released by CNN, CBC, The Toronto Star and a wide variety of electronic and print formats. This makes information widely available to all. If citizens do not agree with the actions of the government, they will be well-informed to protest the actions they deem
Section 38 of the Charter outlines the amendment formula which allows for the Canadian government to make changes to the Charter of Rights and Freedom. Section 38 states that amendment to the constitution requires the consent from the Senate, the House of Commons and the legislatures of a minimum of seven out of ten of the provinces, in addition with approval from at least 50% per cent of the provincial population. The Canadian government has other issues that should be addressed instead of amending a part of the constitution that has only been enacted three times. Issues like providing health care and improving the economy should be considered of greater …show more content…
If all political matters were only discussed within the Legislature and the Supreme Court of Canada, there would be many missing voices and opinions on important and controversial topics, and citizens would not be aware of what matters are being discussed in parliament. The press bridges the average Canadian and their government, making the actions of parliament transparent and well known. Without the press, Canadians would not be well-informed about the actions and policy implementations of our government. News stories are being constantly released by CNN, CBC, The Toronto Star and a wide variety of electronic and print formats. This makes information widely available to all. If citizens do not agree with the actions of the government, they will be well-informed to protest the actions they deem