Canadian Charter of Rights and Freedoms Essay Example
Canadian Charter of Rights and Freedoms
The Charter of rights and freedoms spans from Canada's original Constitution, the British North America Act, was passed in 1867 by British Parliament. This was also known as the Constitution Act of 1867, this act founded Canada as a nation. This Act gave elected governments the highest power over political and legal institutions in the country. Power was distributed between the Federal and Provincial governments. Unlike the United States Constitution, there was no "Bill of Rights" that the government had to follow.
In 1960, the federal government passed the Canadian Bill of Rights. This law statute was not part of the Constitution. It had no more power than any other law. The Bill spoke of fundamental freedoms, legal rights and equality before the law. But if a law itself was discriminatory, the Bill of Rights was generally not helpful. As well, the Bill only applied to federal, not provincial laws.
Because Canada's original Constitution was an Act of British Parliament, it could only be changed by Britain. For many years, Canada's Prime Ministers had been looking to "bring the constitution home." Prime Minister Pierre Trudeau also wanted to include a Charter of Rights in the Constitution.
The Charter was significantly inspired by documents such as the 1948 United Nations Universal Declaration of Human Rights. Other international influences included the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and the 1966 International Covenant on Civil and Political Rights.
In the fall of 1980, the Canadian government set up a special all-party committee to hear what people had to say about a suggested Charter. With televised hearings, the committee listened to over 300 presentations from women, Aboriginal people, people with disabilities, ethnic and cultural minorities, and others. The committee also considered 1200 written submissions about the Charter. From this, the committee made 123
The Charter of rights and freedoms spans from Canada's original Constitution, the British North America Act, was passed in 1867 by British Parliament. This was also known as the Constitution Act of 1867, this act founded Canada as a nation. This Act gave elected governments the highest power over political and legal institutions in the country. Power was distributed between the Federal and Provincial governments. Unlike the United States Constitution, there was no "Bill of Rights" that the government had to follow.
In 1960, the federal government passed the Canadian Bill of Rights. This law statute was not part of the Constitution. It had no more power than any other law. The Bill spoke of fundamental freedoms, legal rights and equality before the law. But if a law itself was discriminatory, the Bill of Rights was generally not helpful. As well, the Bill only applied to federal, not provincial laws.
Because Canada's original Constitution was an Act of British Parliament, it could only be changed by Britain. For many years, Canada's Prime Ministers had been looking to "bring the constitution home." Prime Minister Pierre Trudeau also wanted to include a Charter of Rights in the Constitution.
The Charter was significantly inspired by documents such as the 1948 United Nations Universal Declaration of Human Rights. Other international influences included the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms, and the 1966 International Covenant on Civil and Political Rights.
In the fall of 1980, the Canadian government set up a special all-party committee to hear what people had to say about a suggested Charter. With televised hearings, the committee listened to over 300 presentations from women, Aboriginal people, people with disabilities, ethnic and cultural minorities, and others. The committee also considered 1200 written submissions about the Charter. From this, the committee made 123