The Charter Of Rights And Freedoms - 1627 Words

The Charter of Rights and Freedoms entrenched under the CA 1982 act in the Canadian constitution is seen as a decisive indicator of national identity by the majority of Canadians. The charter’s role in Canadian society ranges from providing individuals with intrinsic human rights such as freedom of expression, freedom of belief and acts particularly as a concrete limit on ‘tyranny of the majority’, advocating and enforcing basic rights of individuals and minorities. It is however worthy to note that CA 1982’s involvement as a platform to increased activism of the Supreme court in Canada is highly controversial. Employing the charter as a basis to the interpretation of different situations, the Canadian Supreme Court has in many occasions†¦show more content†¦This is also represented in a broader manner as to portray a fair balance between a democratic system of governance and a fair judiciary that ensures intrinsic human rights. The characterizatio n of this intra-institutional dialogue is done through two features in Canada’s example. Act 1’s ‘reasonable limitations’ clause, and act 33’ ‘legislative overrides’ clause were both engineered to provide a mechanism of response towards judicial rulings that went against legislative provisions. Such a mechanism establishes a virtual check on the ruling of the Supreme Court, revoking the certainty of final say from the Supreme Court. It is worthy to note that the system of governance in the United States however, known as a ‘strong judicial review’ model does not provide an avenue of dialogue, and invokes final say to the Supreme Court of Justice. Canada was the first country to implement a constitutional bill of rights, the charter. Relative to other countries of the commonwealth such as the UK’s Human Rights Act, and Australia’s Capital Territory’s Human Rights act, Canada’s judicial review has dated the longest on the basis that it has the longest history of judicial enforcement of Human Rights provisions of the Charter. It is argued however by many experts that one of Canada’s main limitations on intra-institutional dialogue between legislatures and Supreme Courts is due to the treatment ofShow MoreRelatedCharter Of Rights And Freedoms1345 Words   |  6 Pages Charter of Rights and Freedoms The Canadian constitution is the foundation that forms and brings together our nation government and its legal system. You can also consider the constitution as a rulebook. It contains rules and regulations that political parties must follow in order to adopt, amend, or revoke a law. The constitution has three main sources. In 1867 the British North American Act passed, which was the first source of the constitution. A change was made to the BNA act and was patriatedRead MoreThe Charter Of Rights And Freedoms1205 Words   |  5 PagesThe Charter of Rights and Freedoms is part of the Constitution and it was added to the Constitution in 1982. The Constitution has many laws about the essential guidelines one must follow in our country. It also governs how the government/ organizations should treat their citizens. The Charter allows the citizens and newcomers to feel like they are appreciated and also safe. However, there are situations where the Charter cannot protect you. The Charter can be stretched and can be looked at from differentRead MoreThe Charter Of Rights And Freedoms1181 Words   |  5 PagesThe Charter of Rights and Freedoms has significantly enhanced the power of the judiciary in Canada. Within the Supreme Court of Canada judges have been given the judiciary power and this amount of power is not excessive. Again, in the Supreme Court of Canada judges are federally appointed. Most of these appointments are made by the minister of Justice after Cabinet consultation and approval. In some other cases, appointments are made by the Prime Minister. Judges are public officers chosen to ruleRead MoreThe Charter Of Rights And Freedoms1139 Words   |  5 PagesThe Charter of Rights and Freedoms was constructed to replace the Bill of Rights, 1960. In the 1960’s-1970’s Quebec was extremely discontent with being apart of Canada due to the language barer and being a minority. Many citizens in Quebec even wanted to separate themselves from Canada and form their own nation. Prime Minister Pierre Trudeau decided that the new charter in order to ensure the rights of people residing in Quebec. In order to do this Trudeau had to create an amending formula for theRead MoreThe Charter Of Rights And Freedoms1934 Words   |  8 PagesThe Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed f ormal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and SectionRead MoreThe Charter Of Rights And Freedoms2537 Words   |  11 PagesThis essay will argue the reasons behind the notwithstanding clause remaining within the Canadian Charter of Rights and Freedoms. In this paper, I will provide reasons as to why the clause should be kept within the Charter beginning with the arguments that it is an essential element in critical policy decisions being made by politicians and it s hard to remove which requires the amending formula to be used if changes are to be made. On the other side, its use in policy can create grave and problematicRead MoreThe Charter Of Rights And Freedoms1363 Words   |  6 Pages The phenomenon of entrenching the Charter of Rights and Freedoms is not new to Canadian citizens, but it is a notion that is perceived in se veral ways. Many view it as a feature that disregards the fundamental right to democracy, an integral part of Canada’s political system. A functioning democracy is an important factor in providing citizens with the utmost rights and freedoms deserved. Society’s full potential is not being achieved if there are individuals who believe their principle of democracyRead MoreThe Charter Of Rights And Freedoms1596 Words   |  7 PagesPrime Minister Pierre Trudeau was establishing the renowned Charter of Rights and Freedoms. Since the three decades of being established, the Charter of Rights and Freedoms has protected the individual rights and freedoms of thousands of Canadians. The Charter of Rights and Freedoms has become a part of the national identity and has become a big patriotic symbol for the country. The Charter of Rights and Freedoms is the document the truly separates Canada from all the other powerful nations and isRead MoreThe Charter Of Rights And Freedom2222 Words   |  9 Pagesthe Charter of Rights Freedoms a mistake? It is believed that the Charter s creation was a significant benefit as it guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. However, many believe the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights. Also, there are several rights thatRead MoreThe Charter Of Rights And Freedom2268 Words   |  10 PagesThe Charter of Rights and Freedom and its Effect on Canada Prabhjot Banipal 10 Dec 2014 Topic 4 University of the Fraser Valley The Charter of Rights and Freedoms is a bill of rights granted constitutional status that was introduced in the Constitution Act of 1982 by Prime Minister Pierre Elliot Trudeau. The Constitution Act is also known as the repatriation of the Canadian Constitution. The Charter had several purposes; the first is â€Å"to outline and guarantee the political rights of Canadian