Essay on The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, â€Å"With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation† (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, â€Å"The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights† (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their†¦show more content†¦The legislative branch is responsible for enacting laws, and the executive branch is responsible for implementing laws. In Canada, the executive branch is represented by the Prime Mini ster and his or her cabinet, while the legislative branch is represented by the elected members of the House of Commons. According to James Kelly, â€Å"With the enhanced role of the Department of Justice and the absence of parliamentary counterweights to constitutional scrutiny, Charter dialogue is dominated by the cabinet to the exclusion of Parliament† (103). The cabinet’s decision to govern with the Charter from the centre will ensure further marginalization of Parliament by the cabinet. Under the Department of Justice Act, the minister of justice must certify that all bills being introduced to Parliament are Charter compliant. Therefore, the constitutionality of a bill is implied by its introduction into the House of Commons, and not in actuality by Parliament. Kelly states, â€Å"While the Department of Justice is providing an authoritative statement, it is simply an opinion that the minister of justice receives from the Department of Justice† (105). Moreo ver, there is limited resources available for parliamentarians to use in CharterShow 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 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