The Canadian Charter Of Rights And Freedoms Essay

Introduction The Canadian Charter of Rights and Freedoms (herein referred to as the Charter) as well as the Canadian Human Rights Act stipulates that everyone has the right not to be discriminated against. Moreover, the Human Rights Commission defines discrimination as ‘an action or a decision that treats a person or a group negatively for reasons such as their race, age or disability.’ Furthermore, the Charter states: 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. This provision is monumental in Canadian history as it is a step in treating everyone as equal and attempting to prevent discrimination from occurring. The movement towards equality and legal backing to anti-discrimination lead to the creation of the duty to accommodate faced by businesses, school, other public entities, etc. The goal of accommodation is to ensure a level playing field to allow everyone to have equal opportunity as well as to uphold human rights. The goal of section 15 of the Charter and each jurisdictions equality guarantee is to ‘promote substantive equality and not just formal equality.’ Substantive equality requires a person’s differences and historical disadvantages to be taken into account. The duty to accommodate, as stated by 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 Trud eau, 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 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. T he Charter also allows courts to render the constitutional duty so that any decisions made areRead MoreCanadian Charter Of Rights And Freedoms1888 Words   |  8 PagesThe 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 toRead 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, o ne 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 Freedoms1386 Words   |  6 Pagesprinciple by entitling an accused of even the most heinous crimes to civil liberties and processes as not to compromise the criminal trial process. A fair trial is an intrinsic right of all members of society making it fundamental to our being, and is ergo ensured to us all under s.11 of the Canadian Charter of Rights Freedoms. Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of theRead MoreThe Canadian Charter Of Right And Freedom1225 Words   |  5 Pagescriminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. It moved from simply being the capacity to litigateRead 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 Freedoms883 Words   |  4 PagesRainbow Nation of South Africa in 1994, the first democratically elected government was tasked with drawing up a new constitution that would properly enshrine the human rights that had so long been denied the majority of citizens. 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 this The Canadian Charter of Rights and Freedoms Essay The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary to render regulations and statutes at both the†¦show more content†¦The necessity to limit the rights and freedoms of Canadians is illustrated and reinforced through the governments use of reasonable limits, ‘notwithstanding clause’ to limit individual rights and freedoms, an d the occasional need for the government to have power extended above and beyond the limits prescribed in the Charter. The first section of the Charter embodies two capacities that are vital to the definition and interpretation of the ‘reasonable limits clause.’ Section one â€Å"guarantees the rights and freedoms set out in it† as well as stating that the criteria for limiting a person’s rights and freedoms must be â€Å"prescribed by law as can be demonstrably justified in a free and democraticShow 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 t hroughRead 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. T he Charter also allows courts to render the constitutional duty so that any decisions made areRead MoreCanadian Charter Of Rights And Freedoms1888 Words   |  8 PagesThe 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 toRead 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, o ne 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 Freedoms1386 Words   |  6 Pagesprinciple by entitling an accused of even the most heinous crimes to civil liberties and processes as not to compromise the criminal trial process. A fair trial is an intrinsic right of all members of society making it fundamental to our being, and is ergo ensured to us all under s.11 of the Canadian Charter of Rights Freedoms. Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of theRead MoreThe Canadian Charter Of Right And Freedom1225 Words   |  5 Pagescriminal and family justice system has become very complicated, slow and extremely expensive for majority of Canadians. These issues are particularly glaring to low income earners, people with disabilities and other minorities. Canadian justice system have become incapable of providing solutions that can addressing problems brought to it. With the creation of the Canadian charter of right and freedom, access to justice became more of an equality issue. It moved from simply being the capacity to litigateRead 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 Freedoms883 Words   |  4 PagesRainbow Nation of South Africa in 1994, the first democratically elected government was tasked with drawing up a new constitution that would properly enshrine the human rights that had so long been denied the majority of citizens. 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 this